BISWANATH CHAKRAVARTY Vs. HARIPADA DE DHARA

JUDGEMENT

(1.) In the final hearing of this appeal, a memorandum of agreement has been filed signed by the learned Advocate appearing for the appellant and for the respondents stating that at the intervention of common friends the parties have composed their disputes and settled the above appeal and that in view of the said settlement the appellant will not proceed with the appeal any further. A prayer has been made before me to give effect to the aforesaid settlement and to dispose of the appeal by allowing the appellant permission not to proceed any further with the appeal.

(2.) The respondents were tried for having committed criminal trespass into the room of the appellant and for beating him. They were summoned to take their trial under Sections 448 and 323 of the Indian Penal Code and after trial they were found not guilty of the charges on which they were tried and acquitted.

(3.) Mr. Pankaj Kumar Ghosh in the petition for special leave has mentioned that the respondents were acquitted of the charge under Section 457 of the Indian Penal Code and in ground No. 1 of his petition of appeal has complained that the allegation made by his client amounted to an offence under Section 452 of the Indian Penal Code, which offence was not triable summarily.