(1) THE appellant has been convicted under S. 324 of the Indian Penal Code, 1860 and sentenced to one yearS rigorous imprisonment with a fine of Rs. 500.00. The High court while disposing of the appeal in the first instance did not have the assistance of the petitionerS counsel. After the pronouncement of the judgment, the counsel appeared and pleaded for an opportunity of hearing and at that stage the High court again heard the matter and added the Post Script in the judgment confirming the conviction and the sentence. Thereafter, the petitioner moved the High court for permission to compound the offence. He stated that he had paid a sum of Rs. 3,500.00 to the complainant. The petitioner also filed an affidavit of the complainant in which it was stated that he was paid Rs. 3,500.00 by the accused-petitioner. But the High court did not and indeed could not take into consideration that application since it has disposed of the matter already. (2) IN this petition before us there is an application for permission to compound the offence on the terms already agreed upon with the complainant. (3) AFTER hearing counsel and also perusing the terms of the compromise, we are of the opinion that the petitioner deserves leave to compound the offence. We, however, cannot make any order in the absence of the complainant. However we think it proper to direct trial court to consider the genuineness of the compromise. The trial court will verify whether the statements made in the compromise application are correct and complied with in the sense of payment having been made. (4) IN the result, we give an opportunity to the petitioner to approach the trial court and the trial court shall verify the matter in the terms as ordered above. Subject to the trial court recording satisfaction that the compromise was voluntarily entered into and is otherwise genuine and has been given effect to we grant permission to compromise as required by S. 320 of the Code of Criminal Procedure Code. On the satisfaction being recorded by the learned Magistrate, the offence will stand compounded and the order of conviction and sentence will not stand, The counsel for. the petitioner also stated that the fine imposed upon the petitioner if paid may also be paid to the complainant. It is ordered accordingly.
On the satisfaction being recorded by the learned Magistrate, the offence will stand compounded and the order of conviction and sentence will not stand, The counsel for. the petitioner also stated that the fine imposed upon the petitioner if paid may also be paid to the complainant. It is ordered accordingly. If the learned Magistrate does not record a satisfaction as stated earlier, the request for permission to compound will stand rejected and these petitions too will stand dismissed. (5) SPECIAL leave petitions are disposed of accordingly.