D. Srinivas v. The State

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.No. 2 OF 2018 IN/AND CRIMINAL PETITION NO.6350 OF 2018 COMMON ORDER:

I.A.No.2 of 2018 is filed under Section 320(2) Cr.P.C. to record compromise between the de facto complainant and A1 and A2. The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.303 of 2018, pending on the file of X Metropolitan Magistrate, Malkajgiri, registered for the offences punishable under Sections 498-A and 494 IPC and Sections 3 and 4 of the Dowry Prohibition Act, against the petitioners/A1 and A2. During pendency of the investigation, at the intervention of the elders and well wishers, the matter is settled amicably and that the wife and husband decided to live separately and accordingly they are living separately. The parties filed Memorandum of Compromise to that effect. Complainant and the accused are also present and they are identified by their respective counsel and produced Photostat copies of aadhar cards in proof of their identity. When the terms and conditions of compromise are explained in vernacular language, they are admitted to be true and correct.

On enquiry the parties stated that they settled the issue outside the Court due to intervention of elders and well-wishers and entered into Memorandum of Compromise.

The offence punishable under Section 498-A of I.P.C. though not compoundable, it can be compounded with the permission of the Court. In view of the close relationship between the parties and as the offence committed by the accused is not against the societal interest and

the compromise is voluntary, I find that it is a fit case to grant permission to compound the offence. Hence, compromise is recorded in terms of the Memorandum of Compromise filed along with the petition. Accordingly, I.A.No.2 of 2018 is ordered.

In view of the orders passed in I.A.No.2 of 2018, the criminal petition is allowed in terms of the Memorandum of Compromise filed by both parties and the proceedings in C.C.No.303 of 2018, pending on the file of X Metropolitan Magistrate, Malkajgiri, registered for the offences punishable under Sections 498-A and 494 IPC and Sections 3 and 4 of the Dowry Prohibition Act, against the petitioners/A1 and A2 are hereby quashed.

Registry is directed to annex a copy of the Memorandum of Compromise filed by both parties, to this order. Consequently, miscellaneous applications pending if any, shall stand dismissed.

__________________________________ M. SATYANARAYANA MURTHY,J 03.07.2018 kvrm