BARKAT ALI ZAIDI, J. ( 1 ) A case of S. T. No. 165 of 1996, State v. Naushad Khan and others and the other S. T. No. 18 of 1996 are pending before the Court of Additional Sessions Judge/special Judge, (E. G.) Act, ghazipur under various section of the Indian Penal Code including Section 308 of indian Penal Code which are at the stage of argument. There are number of accused and the above two have come before this Court under Section 482, Cr. P. C against an order dated 4. 8. 2006 of learned Trial Judge, passed in S. T. No. 165 of 1996 rejecting their applications of resummoning 4 witnesses and to accept compromise in those offences which are compoundable. The applicants alleged that certain vital questions could not be asked from the witnesses, which need to be clarified. ( 2 ) THE petition is at the stage of admission and the Counsel for the applicants and additional Government Advocate for the state have been heard. ( 3 ) IN cases like these, we are normally and usually disinclined to accept such requests but in peculiar facts and circumstances of this case, we have been considering to depart from the usual practice in order that justice may be done, against, because the ultimate desideratum is delivery of justice and not the observance of strict principles of rules and procedure. ( 4 ) IN this case, there are numerous accused and against all of them, the learned trial Court has indiscriminately framed charges including the one under Section 308 of Indian Penal Code. ( 5 ) THE parties have settled the matter amicably among themselves but the charge under Section 308 of Indian Penal Code is the stumbling block. ( 6 ) IT is always fair and proper for the court to promote amicable settlement between the parties and provide all facilities for the same, within the ambit of law. A mutual settlement leaves no scars and is a hundred times better proposition than punishment being inflicted. We have also taken into account the circumstance that there are as many as more than 10 people facing the charge and that the accused too have a cross-version, which itself is a matter for consideration. A mutual settlement leaves no scars and is a hundred times better proposition than punishment being inflicted. We have also taken into account the circumstance that there are as many as more than 10 people facing the charge and that the accused too have a cross-version, which itself is a matter for consideration. ( 7 ) THE learned Trial Judge should have accepted the compromise, in respect of offences which were compoundable, but the court has not even done the same, and should proceed to do so now in earnest. The case should proceed only for those offences, which are non-compoundable. ( 8 ) IN view of the aforesaid circumstances, the request of the applicants is accepted for re-summoning the four witnesses and they should be called and re-examined. ( 9 ) PETITION allowed. ( 10 ) COPY of this order be sent to the concerned Court at Ghazipur post-haste, through, learned District and Sessions judge, Ghazipur for information and compliance. Petition allowed. .