Adhar Chandra Dey vs Subodh Chandra Ghosh

Two Rules come before us on behalf of Adhar Chandra Dey, one to show cause why the sentence passed upon him should not be reduced and the other on behalf of the same man in the capacity of complainant to show cause why the order of dismissal of his case should not be set aside and a further enquiry ordered. Upon the parties coming before us and stating that they have compromised the matter out of Court, we can give effect to this compromise, as far as we can, by reducing the sentence to a mere nominal fine of one rupee and directing that no further enquiry be made into the counter-charge. The parties certainly have no locus standi to ask us sitting here neither as a Court of Original Jurisdiction nor as a Court of Appeal to treat the compromise which they have made of their own free will as one coming under sec. 345, Cr. P. C. No stigma can possibly attach to the Petitioner on account of this petty fine for an equally petty assault. The Rule 490 is made absolute in the terms we have indicated, and the Rule 491 is discharged.