Judgment

HIDAYATULLAH, J. : This is an appeal under S. 476-B of the Code of Criminal Procedure by one Baban Singh and his wife Dharichhan Kuer against a judgment and order of the High Court at Patna ordering the Registrar to file a complaint against them under S. 199 of the Indian Penal Code for making false affidavits. The respondents are persons who had moved the High Court under S. 476 of the Code for the prosecution of the appellants in the following circumstances.

2. Jagdish Singh and Parmhans were appellants in F. A. 301 of 1952 in the High Court at Patna. Mst. Dharichhan Kuer was respondent No. 13 in that appeal. During the pendency of the appeal a compromise was said to have been arrived at between Dharichhan Kuer on the one hand and Jagdish Singh and Parmhans on the other. Dharichhan Kuer and Jagdish Singh swore an affidavit on June 22, 1953 in support of the petition for compromise which was filed in the High Court. Baban Singh s brother identified Dharichhan Kuer before the Oath Commissioner and Rs 4,000 were paid to Dharichhan Kuer under the terms of the compromise in the Commissioner s presence. Dharichhan Kuer also passed a receipt and her thumb impression was identifie