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Criminal - Revision No. 191 of 1965, decided on 16th June 1966.
, S. 439 read with S. 345 (5-A)-Compounding of offence-Recitals of compromise showing that in interest of future relations, complainant no longer interested in prosecution of accused-Prosecution allowed to be compounded-Conviction and sentence of accused set aside.
A petition under section 345 (5-A), Criminal Procedure Code, hog bean filed Vader the signature of both the complainant and the petitioners that a reconciliation has been effected, and the matter has been compromised and has prayed that the compromise be accepted.
2. The recital of the compromise shows that the com plainant's grievances have been redressed and that he has received some amount from the petitioners and for the balance the petitioners have executed a promissory pronote.
3. It is very clear from the compromise that- the complainant, in the interest of his future relation, is no longer interested in the prosecution of the petitioners. The offence is compoundable with the leave of the Court and I am of the opinion that this is a fit case in which the discretion of the Court should be exercised. The High Court has power under clause (5-A) of section 345, Criminal Procedure Code, to allow the cases to be compounded. I would, therefore, allow this prosecution to be compounded and quash the proceedings. The convictions and sentences of the petitioners are set aside and they are acquitted.-
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