WASIM AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Cr.P.C. has been preferred by the petitioners with the prayer for quashing the proceedings pending against them before the Additional Civil Judge and Metropolitan Magistrate No. 3, Jodhpur Metropolitan, (hereinafter to be referred as 'the trial court') in Criminal Original Case No. 22415/2017 (arising out of FIR No. 76/2017 of Police Station Sadar Kotwali, District Jodhpur), whereby the trial court vide order dtd. 30/10/2018 has not attested the compromise entered between the parties for the offence punishable under Sec. 435 IPC.

(2.) Brief facts of the case are that on a complaint lodged at the instance of respondents Nos. 2 and 3, the FIR No. 76/2017 was registered at Police Station Sadar Kotwali, District Jodhpur against the petitioners. After investigation, the police filed challan against the petitioners for offences punishable under Ss. 435, 436 and 120-B IPC. Thereafter the trial Court framed the charge against the petitioners only for offence punishable under Sec. 435 IPC.

(3.) During the pendency of the trial, a compromise application was preferred on behalf of the parties while stating that both the parties have entered into compromise and, therefore, the proceedings pending against the petitioners may be terminated. The trial court vide order dtd. 30/10/2018 refused to allow the parties to compound the offences punishable under Sec. 435 IPC.