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High Court for State of TelanganaCRLP/4830/2018allowed no costs

Sriramoju Prabhakar v. The State Of Telangana,

2018-10-10M.Satyanarayana Murthy3 pages

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.No. 02 of 2018 IN/AND CRIMINAL PETITION NO.4830 of 2018 COMMON ORDER:

I.A.Nos.02 of 2018 This application is filed seeking leave of this Court to compound the offence punishable under Section 3 (1) (r) of SCs and STs (POA) Act, 1989 and to record compromise in S.S.C.No.45 of 2018 pending on the file of VII Additional District-cum-Special Court for SCs and STs (POA) Act, Warangal.

De facto complaint and the accused are present in person and they are identified by their respective counsel and they also produced the copies of Aadhar Cards in proof of their identity. On enquiry, the parties stated that they settled the issue outside the Court due to intervention of elders and well-wishers. However, both the parties stated that the compromise is voluntary and in the interest of both parties to lead their lives happily. The offence punishable under Section 3 (1) (r) of SCs and STs (POA) Act, 1989, is not compoundable in view of the bar under Section 18 of the Act, but this Court has power under Section 36 of the Act to grant leave to compound the offence and to pass appropriate orders.

Since the offence is not against the societal interest and it is purely an individual dispute, this Court can exercise power under Section 320(6) Cr.P.C. to compound the offence and to record compromise.

Accordingly, this application is allowed permitting the parties to compound the said offences and to record compromise. Cr l.P.No.4 8 3 0 of 2 0 1 8 In view of the Orders passed in I.A.No.02 of 2018, this Criminal Petition is allowed and the proceedings in S.S.C.No.45 of 2018 pending on the file of VII Additional District-cum-Special Court for SCs and STs (POA) Act, Warangal, are hereby quashed. As a sequel, miscellaneous petitions, if any, pending in this case, shall stand dismissed.

________________________________________ M. SATYANARAYANA MURTHY, J Date: 10-10-2018 eha

HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY I.A.Nos. 02 of 2018 IN/AND CRIMINAL PETITION NO.4830 of 2018 Dt. 10-10-2018 eha