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1913 DIGILAW 116 (CAL)

Sheikh Basiruddi v. Sheikh Khairat Ali

1913-03-12

body1913
JUDGMENT 1. The complainant in this case accused the Petitioners of committing house trespass, causing grievous hurt and being members of an unlawful assembly. The Magistrate however thought fit to summon the Petitioners only under sec. 325. In the course of the hearing a petition of compromise was put in by the complainant. That petition has been read to us and it seems clear that the complainant intended by that petition to compromise the whole matter. The Magistrate sanctioned the compromise of the offence of voluntary causing grievous hurt which was the only offence being tried in his Court and the parties were entitled to compound the offence of house trespass without the sanction of the Magistrate. Thereafter the complainant alleged that the terms of the compromise had not been carried out and claimed that the case should be revived. This was refused by the Magistrate but further enquiry was ordered by the District Magistrate and the Petitioners have now obtained this Rule from this Court. We think that the Petitioners certainly cannot be prosecuted any further either for grievous hurt or house trespass and as the object of the unlawful assembly could only have been to commit these two offences which have been compounded we do not think that the Magistrate exercised his discretion wisely in directing further enquiry. The Rule is, accordingly, made absolute and the order for further enquiry set aside.