High Court for State of TelanganaCRLP/5041/2018allowed no costs

D.R.K.Kalyanram v. The State Of Andhra Pradesh

2018-06-06M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRL.P.MP.Nos. 2 & 3 OF 2018 IN/AND CRIMINAL PETITION NO.5041 OF 2018 ORDER:

CRL.P.MP.Nos. 2 & 3 OF 2018 These miscellaneous petitions are filed under Sections 320(2) & 320(6) of Cr.P.C seeking permission to record compromise and compound the offences in Crime No.45 of 2017 for the offences punishable under Sections 498-A, 34-IPC.

During pendency of investigation, both the parties entered into compromise dated 04.06.2018. The second respondent and the first petitioner are wife and husband respectively, who are living separately by obtaining decree of divorce in HMOP No.132 of 2018 on 28.03.2018. Therefore, there is no subsisting marriage between the second respondent and the first petitioner. The petitioner and respondents 1 & 2 are present and they are identified by their respective counsels and produced Photostat copies of Aadhar cards to prove their identity. When terms of compromise are explained in vernacular language, they are admitted to be true and correct Further, it is now submitted that, petitioner and respondents 1 & 2 voluntarily entered into compromise due to intervention of elders and well-wishers and they wanted to lead peaceful life in future.

Taking into consideration the facts of the case, leave is granted to compound the offence by exercising power under Section 320(2) Cr.P.C to maintain peace and harmony between the

MSM,J CrlP_5041_2018 parties. Therefore, I find that the compromise is voluntary, in the interest of both parties and permission is granted to compound the offence. Hence, compromise is recorded in terms of the joint memo filed along with this petition. Accordingly, these petitions are ordered.

Crl.P.NO.5041 OF 2018 In view of the orders passed by this Court in CRL.P.MP.Nos. 2 & 3 of 2018, this criminal petition is allowed. Consequently, miscellaneous applications pending if any, shall also stand closed. No costs.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 06.06.2018 SP