Short Note : Two of the appellants have been convicted under sections 148 and 323 read with section 149 I.P.C. Instead of sentencing the appellants Dewsingh and Shibbusingh to any punishment, each of them has been ordered to execute a bond under section 4 of the Probation of Offenders, Act. The rest of the appellants have been sentenced to six months' rigorous imprisonment on each of the above counts. 2. The learned counsel for the State does not oppose the request for composition of the offence under section 323/149 I.P.C. but has rightly contended that the offence under section 148 I.P.C. is not compoundable. Neither Shri Dube nor Shri Awasthi disputes this fact. Both say that in the circumstances, the offence under section 323 I.P.C. may be allowed to be compounded. 3. The parties belong to one and the same village. But for this incident, they were on cordial terms with each other. The incident is said to have taken place in the heat of ejection tempo. The parties are genuinely anxious to normalize the relations between them. In the circumstances, I must allow their request for permission to compromise the offence under section 323 read with section 149 I.P.C. Held : In so far as conviction of the appellants under section 148 I.P.C. is concerned, their counsel Shri S.K. Dubey does not challenge the conviction which otherwise also is well in order. The conviction of the appellants under section 148 I.P.C. is, therefore, maintained. The submission of Shri Dubey, however, is that having regard to the compromise arrived at between the parties and other circumstances of the case, all the appellants should be given benefit of the provisions of section 4 of the Probation of Offenders Act, 1958. The prayer is not opposed either by the State or by the complainants. 4. In the result, therefore, the jail sentences of the appellants barring Dewsingh and Shibbusingh are set aside, as, in the circumstances of this case, I consider it expedient to apply the provisions of section 4 of the probation of Offenders Act, instead of sentencing them to any punishment.