JUDGMENT : RICHARDS, J.:— The facts connected with this reference appear as follows:— One Musammat Umrai charged one Musammat Makbulan and others with an offence under section 323 of Penal Code, 1860. This trial resulted in the conviction by the Magistrate of all the accused. There was an appeal and the convictions were set aside and the case sent back for retrial. There was then an application for transfer to the High Court, which became unnecessary to press inasmuch as the Magistrate from whom the case was to be transferred left the District. The next step was an application by Musammat Umrai for leave to compound the case. The Magistrate thought that having regard to the fact that there had already been a conviction and appeal and that Musammat Umrai had been induced by influence and flattery to compound the case, he ought not to allow the settlement. How-ever, there never was a committal of the accused and the conviction having been set aside it would appear that the parties were entitled to compound the offence without the leave of the Court and accordingly it was unnecessary for Musammat Umrai to make the application for leave. When the case, therefore, comes again before the Magistrate, if the parties show the Magistrate that they have compounded the case he should proceed no further, but make the usual order that would be made in a case in which there has been no committal for trial, no conviction, no appeal pending and the case is a compoundable one. In so far as it is necessary to set aside the order of the Magistrate refusing to allow the settlement of the case it is set aside. 2. Let the record be returned. 3. Order set aside.