Kesireddy Mahadeva Reddy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.Nos.1 and 2 OF 2018 IN/AND CRIMINAL PETITION NO.6570 OF 2018 ORDER:

I.A.Nos.1 and 2 of 2018 These miscellaneous petitions are filed under Section 320 (2) and 320 (6) of Criminal Procedure Code (for short "Cr.P.C.") seeking leave to compromise the case and compound the offences punishable under Sections 409 and 420 of Indian Penal Code (for short "I.P.C."), as the matter is settled outside the Court and the parties entered into compromise and filed joint memo to that effect. Complainants/victims and the petitioners/accused are also present and they are identified by their counsel and Public Prosecutor. 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 the victims stated that they received the amount from the petitioners due to them towards the value of paddy. Even though the offences allegedly committed by the petitioners are not compoundable, this Court by exercising power under Section 320 (6) of Cr.P.C. can permit the parties to compound the offences.

MSM,J Crl.P_6570_2018 In view of the compromise entered into between the parties and the offence committed by the petitioner is not against the society and as 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 joint memo filed along with the petition. Accordingly, the petitions are ordered. Crl.P.No.6570 Of 2018 In view of the orders passed in I.A.Nos.1 and 2 of 2018, the present petition is allowed. No costs.

Consequently, miscellaneous applications pending if any, shall stand dismissed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 18.07.2018 Ksp