1. Rule returnable forthwith. Ms. Moxa Thakkar, the learned APP waives service of notice of rule for and on behalf of the respondent-State of Gujarat.

2. By this application under Article 227 of the Constitution of India, the applicants i.e. the complainant and the victim respectively, have prayed for the following reliefs:-

9(a) To allow this petition;

(b) To issue a writ of certiorari and/or any other appropriate writ, order or direction quashing and setting aside the order dated 16.09.2017 passed below Exh.29 in Criminal Case No.1123/2014 by the learned Additional Chief Judicial Magistrate, Amreli and further be pleased to direct, declare and hold that the proceedings of Criminal Case No.1123/2014 pending before the learned Additional Chief Judicial Magistrate, Amreli stands compounded on account of application given by the present petitioners and pass all consequential and further orders in that regard;

(c) To direct compounding of Criminal Case No.1123/2014 pending before the learned Additional Chief Judicial Magistrate, Amreli in terms of section 320 of the Code of Criminal Procedure, 1973 with all consequential orders;

(d) pending admission, hearing and final disposal of the present petition, be pleased to direct compounding of the offence i.e. Criminal Case No.1123/2014 pending before the learned Additional Chief Judicial Magistrate, Amreli in terms of section 320 of the Code of Criminal Procedure, 1973;

(e) to pass any other and further orders as may be deemed fit and proper to this Hon'ble Court.

3. It appears from the materials on record that the applicant no.1 filed a private complaint in the Court of the learned Chief Judicial Magistrate, Amreli, for the offence punishable under Sections 323, 451 r/w.114 of the I.P.C. The Court below initially took cognizance upon the complaint and ordered a magisterial inquiry under Section 202 of the Cr.P.C. The proceedings came to be registered as the Criminal Inquiry No.39 of 2010. At the end of the inquiry, the Court below thought fit to issue process to the accused persons for the offence punishable under Sections 323, 451 r/w.114 of the IPC.

4. Before the charge could be framed, the applicants herein filed an application, Exh.29 in Criminal Case No.1123 of 2014 pointing out that a settlement has been arrived at between the parties and they may be permitted to compound the offence, as all the offences are compoundable.

5. The application, Exh.29 came to be rejected by the learned 2nd Additional Chief Judicial Magistrate, Amreli, substantially, on the ground that the accused persons have not joined in the prayer for the compounding of the offence. In such circumstances, the application Exh.29 came to be rejected.

6. Being dissatisfied with the order passed by the 2nd Additional Chief Judicial Magistrate, Amreli, the applicants are here before this Court with this application under Article 227 of the Constitution of India.

7. Mr. Popat, the learned counsel appearing for the applicants submitted that his clients do not want to pursue the prosecution any further. He further pointed out that so far as the applicant no.1 i.e. the complainant is concerned, he is not keeping well and is bedridden. He further submitted that even otherwise the matter has been settled and the Court should have permitted the applicant to compound the offence. He submitted that the Composition under Section 320 of the Cr.P.C. is an unilateral act. He further submitted that the view taken by the Court below that as the accused persons had not joined in the application seeking compounding of the offence, the prayer for compounding cannot be granted, is erroneous and not tenable in law, as the complainant or the victim himself can file an application for composition. It is not necessary for the Court to insist a joint application for composition. In such circumstances, Mr. Popat, the learned counsel prays that there being a merit in this application, the same be allowed and the impugned order be quashed.

8. O