Gopal Krishan Vyas, J. - (1.) This petition is listed under the head 'Defect' for the reason that no information was given by the petitioner whether he is in custody or not.
(2.) At the threshold, learned counsel for the parties appeared along with accused and complainant both and submitted compromise arrived at in between the parties on 5.8.2011. On that date, Co-ordinate Bench of this Court directed the office to tag the compromise application and list the petition on 8.8.2011.
(3.) Today, both the counsel are present along with complainant and accused and submit that in this matter compromise has been arrived at in between the parties, therefore, in view of the judgment rendered by Hon'ble Supreme Court in the case of Damodar S. Prabhu v. Sayed Babalal H., 2010 (1) NIJ 321 (SC) : 2010 (1) WLC (SC) 745 , while compounding the offence, conviction may be set aside.;