Saroj Kumar Mukherjee and others vs The King Emperor

Ross, J.—This is an application to quash the proceedings in the Court of the Sub-Divisional Magistrate of Purnea against the petitioners. The complainant alleged that holding a second class ticket he was entering a first class compartment owing to the crowd of passengers but was obstructed by a peon, who turned out to be the pay-clerk''s peon. He succeeded in getting in, but the peon, abused and insulted him so that the complainant gave him blow whereupon he was attacked by the petitioners. Five persons were named as accused and three sections were specified - Sections 323, 147 and 342, but summonses were issued u/s 323 only. In his petition of complaint the complainant goes on to say that "the pay clerk''s peon begged pardon of me and I gave him word that I would not proceed against him, so he is not included among the accused." The inference to be drawn from this statement is that if the peon had not been pardoned he would have been included among the accused. The whole proceeding was one transaction arising out of the attempt of the pay clerk''s peon to prevent the complainant from entering the first class compartment. Apparently if the peon had not apologised his name would have been among those who were entered in the petition of complaint as accused persons. His name was not so entered because the complainant had compromised the case with him. The case is, therefore, on the authority of Shyam Behari Singh v. Sagar Singh (1919) 1 P.L.T. 3 one in which the whole offence has been compounded. The proceedings are, therefore, quashed.