(1.) This revision has been filed against the order of Sessions Judge, Mandi, whereby he allowed the petitioner to withdraw his complaint against the respondents.
(2.) T. N Bahl, petitioner, had filed a complaint under sections 406/420, 506/5 I of the Indian Penal Code against the respondents in the Court of Shri Hem Chand, Magistrate 1st Class, Mandi. After holding a preliminary enquiry as provided under Chapter XVI of the Code of Criminal Procedure, the Magistrate was satisfied that a prima-facie case under section 406/420 read with section 109 of the Indian Penal Code was established against the respondents. Accordingly, he issued summons against the respondents. Hari Kishan Joshi, one of the accused persons, filed an application for revision before the Sessions Judge, placing for quashing the proceedings initiated by the Magistrate. During the pendency of this revision the Sessions Judge recorded the statement of T.N. Bahl in which he stated that he was taking back his complaint against Hari Kishan Joshi. He also stated that he would take back all the suits and complaints made by him against them including the complaint under the Telegraph Act against Sahib Dayal and that he will be on friendly terms with Joshi in future. On the basis of this statement the Sessions Judge passed the impugned order to the effect that since the parties have patched up their differences and the complainant has withdrawn the complaint, the revision petition before him has become redundant, and it was accordingly rejected.
(3.) The learned counsel for the petitioner has contended that there is no provision in the Code of Criminal Procedure whereby a complainant can withdraw his complaint in the case of a warrant trial. He has also contended that offences under sections 406 and 420 of the Indian Penal Code could not be compounded by the complainant without the permission of the Court in view of section 345 (2) of the Code of Criminal Procedure and since the Court has not granted any such permission, the offences could not be deemed to be compounded.