Laddi Ashappa v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.Nos.02 & 03 of 2018 IN/AND CRIMINAL PETITION NO.7207 of 2018 COMMON ORDER:

I.A.Nos.02 & 03 of 2018 These two applications are filed seeking leave of this Court to compound the offences punishable under Sections 324 r/ w 34 IPC and Section 3 (1) (r) (s) of SCs and STs (POA) Act, 1989 and to record compromise in S.C.No.75 of 2017 pending on the file of Special Sessions Judge-cum-VII Additional District and Sessions Court, Mahaboobnagar, on the ground that due to intervention of elders, they settled the dispute outside the Court to lead happy life.

The offence punishable under Section 324 r/ w 34 IPC is compoundable with the leave of the Court, but the offence punishable under Section 3 (1) (r) (s) 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. De facto complaint, Ganesh, S/ o Murgesh and Ramu, S/ o Balapaa 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 as per the contents mentioned in the Grounds of Compromise filed along with the petition.

However, both the parties stated that the compromise is voluntary and in the interest of both parties to lead their lives happily.

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, these two Applications are allowed permitting the parties to compound the said offences and to record compromise. Cr l.P.No.7 2 0 7 of 2 0 1 8 In view of the Orders passed in I.A.Nos.02 & 03 of 2018, this Criminal Petition is allowed and the proceedings in S.C.No.75 of 2017 on the file of Special Sessions Judge-cum-VII Additional District and Sessions Court, Mahaboobnagar, are hereby quashed. As a sequel, miscellaneous petitions, if any, pending in this case, shall stand dismissed.

________________________________________ M. SATYANARAYANA MURTHY, J Date: 24-07-2018 eha

HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY I.A.Nos.02 & 03 of 2018 IN/AND CRIMINAL PETITION NO.7207 of 2018 Dt. 24-07-2018 eha