Adhar Chandra Dey v. Subodh Chandra Ghosh

Adhar Chandra Dey v. Subodh Chandra Ghosh

(High Court Of Judicature At Calcutta)

Rev. Nos. 490 & 491 of 1914 | 23-04-1914

1. 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 andthe other on behalf of the same man in the capacity of complainant to showcause why the order of dismissal of his case should not be set aside and afurther enquiry ordered. Upon the parties coming before us and stating thatthey have compromised the matter out of Court, we can give effect to thiscompromise, as far as we can, by reducing the sentence to a mere nominal fineof one rupee and directing that no further enquiry be made into thecounter-charge. The parties certainly have no locus standi to ask us sittinghere neither as a Court of Original Jurisdiction nor as a Court of Appeal totreat the compromise which they have made of their own free will as one comingunder sec. 345, Cr. P. C. No stigma can possibly attach to the Petitioner onaccount of this petty fine for an equally petty assault. The Rule 490 is madeabsolute in the terms we have indicated, and the Rule 491 is discharged.

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Adhar Chandra Dey vs.Subodh Chandra Ghosh (23.04.1914 -CALHC)



Advocate List
For Petitioner
  • Mr. P.N. Dutt
  • BabusDijendra Kumar GhoshHaripada Chatterji
For Respondent
  • Babus Manmatha Nath Mukerji andMritunjoy Chatterji
Bench
  • Herbert Holmwood, J.
  • Saiyid Sharfuddin, J.
Eq Citations
  • 26 IND. CAS. 176
  • LQ/CalHC/1914/131
Head Note

Criminal Procedure Code, 1898 — S. 345 — Compromise out of Court — Effect of — Parties to the compromise had no locus standi to ask the court to treat the compromise as one coming under S. 345, Cr. P. C.