Shaik Moulali Or Moulali Saheb v. State Of Ap

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.Nos.3 and 4 OF 2018 IN/AND CRIMINAL PETITION NO.7864 OF 2018 ORDER:

I.A.Nos.3 and 4 of 2018 These miscellaneous petitions are filed under Section 320 (2) and (6) read with 482 of Criminal Procedure Code (for short "Cr.P.C.") seeking leave to compromise the case and compound the offences punishable under Sections 452, 354, 352, 342, 323, 506 read with 34 of Indian Penal Code (for short "I.P.C.") and under Sections 3 and 4 of S.Cs. and S.Ts. (POA) Act, 1989, as the matter is settled outside the Court and they entered into compromise and filed joint memo to that effect. Complainant and the petitioner/accused No.2 are present and they are identified by their counsel and Public Prosecutor, 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 they intend to lead peaceful life.

The offence punishable under Sections 3 and 4 of S.Cs. and S.Ts. (POA) Act though not compoundable, it can be compounded with the permission of the Court and the bar under Section 18 of

MSM,J Crl.P_7864_2018 the S.Cs. and S.Ts. (POA) Act will not come in the way when the parties entered into compromise.

As the offence committed by the petitioner is not against the society 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 joint memo filed along with the petition. Accordingly, the petitions are ordered.

Crl.P.No.7864 Of 2018 In view of the orders passed in I.A.Nos.3 and 4 of 2018, the present petition is allowed in terms of the joint compromise memo filed by both parties. No costs.

Registry is directed to annex a copy of the joint memo filed by both parties, to this order.

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

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 31.07.2018 Ksp