K.P.Jamindar 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.8519 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 420,406,323, 504,506 r/ w 34 IPC and Sections 3 (1) (x) of SCs and STs (POA) Act, 1989, and to record compromise in Cr.No.102 of 2017 on the file of Station House Officer, Peddamul Police Station, Vikarabad District, on the ground that during pendency of this petition, due to intervention of elders, the disputes between the parties have settled and they intend to lead peaceful life in future and it is voluntary. De facto complaint 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 De facto complaint stated that he lodged a complaint against the accused since the accused did not pay the amount towards sale consideration of his land and now the petitioner has paid the entire amount. The parties further stated that they settled the dispute outside the Court due to intervention of elders and well wishers and the compromise is voluntary and the dispute is purely personal and not against the societal interest.

permission of the Court. Moreover, the Apex Court in Nar in der Sin gh v . St at e of Pu n j ab 1 issued guidelines to quash the proceedings in cases where the offences involved are non-compoundable. 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 these petitions. Accordingly, these petitions are ordered.

Cr l.P. NO.8 5 1 9 of 2 0 1 8 In view of the Orders passed in I.A.Nos.02 and 03 of 2018, this Criminal Petition is allowed and the proceedings in Cr.No.102 of 2017 on the file of Station House Officer, Peddamul Police Station, Vikarabad District, are hereby quashed.

As a sequel, miscellaneous petitions, if any, pending in this case, shall stand dismissed.

________________________________________ M. SATYANARAYANA MURTHY, J Date: 13-08-2018 eha 1 (2014) 6 SCC 466

HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY I.A.Nos.02 & 03 of 2018 IN/AND CRIMINAL PETITION NO.8519 of 2018 Dt. 13-08-2018 eha