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High Court for State of TelanganaCRLP/5202/2018allowed no costs

Chavali Kameswara Sarma v. State Of Telangana

2018-06-11M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.Nos. 1 & 2 OF 2018 IN/AND CRIMINAL PETITION NO.5202 OF 2018 ORDER:

I.A.Nos. 1 & 2 OF 2018 These miscellaneous petitions are filed seeking permission of this Court to record compromise and compound the offences in Crime No.52 of 2018 on the file of Nallakunta Police Station, Hyderabad, for the offences punishable under Section 304-A IPC. The second respondent/complainant is the wife of late Kondaiah, who died due to due to slip from a ladder while attending to the household work of the petitioner. Kondaiah was admitted in the hospital and thereafter, succumbed to injuries. Therefore, the second respondent/complainant lodged the above crime against the petitioner for his negligence towards deceased Kondaiah.

Both the petitioner and second respondent 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 second respondent voluntarily entered into compromise due to intervention of elders and well-wishers and they wanted to lead peaceful life in future.

As the husband of the second respondent/ complainant died due to injuries, which he received on account of slipping from the

MSM,J CrlP_5202_2014 ladder while attending the work in the house of the petitioner, for such incident, prima facie, the owner of the house i.e. the petitioner cannot be made liable. Hence, taking into consideration the facts of the case, leave is granted to compound the offence to maintain peace and harmony between the 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.5202 OF 2018 In view of the orders passed by this Court in I.A.Nos. 1 & 2 of 2018, this criminal petition is allowed and the proceedings in Crime No.52 of 2018 on the file of Nallakunta Police Station, Hyderabad, are hereby quashed.

Consequently, miscellaneous applications pending if any, shall also stand closed. No costs.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 11.06.2018 SP