(1)Magistrates should carefully exercise the discretion vested in them by Section 345 (2) of the Code in granting permission to compound an offence. In granting permission it is necessary to have regard not only to the actual offence committed but to the circumstances in which the application for permission to compound is made. In districts where crimes of violence are common permission to compound should ordinarily be refused where serious injury has been caused except when the assault has been provoked by an act of the person injured. In every case in which a presiding officer allows the party to compromise, his reasons should be recorded in his order.(2)The decision whether permission to compound should be given is one for the Magistrate and not for the police. The power to decide is given to the Magistrate alone, and the opinion of the police is not to be sought before arriving at a decision.Summary Trials
