Pekati Venkata Siva Prasad v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.Nos.01 and 02 OF 2018 IN/AND CRIMINAL PETITION NO.9192 OF 2018 ORDER:

I.A.Nos.01 and 02 of 2018 These miscellaneous petitions are filed under Section 320 (2) and (6) of Criminal Procedure Code (for short "Cr.P.C.") seeking leave to compromise the case and compound the offences punishable under Sections 498-A and 406 of Indian Penal Code (for short "I.P.C.") and under Sections 4 and 6 of Dowry Prohibition Act, as the matter is settled outside the Court and they entered into compromise and filed joint memo to that effect. Complainant and the petitioners/accused Nos.1 and 4 are also present and accused No.2 is absent due to ill-helath 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 that the complainant and her husband/accused No.1 are living together.

The offence punishable under Section 498-A of I.P.C. though not compoundable, it can be compounded with the permission of the Court.

MSM,J Crl.P_9192_2018 In view of the close relationship between the parties and as the complainant and her husband living together, and the offence committed by the petitioners 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.9192 Of 2018 In view of the orders passed in I.A.Nos.01 and 02 of 2018, the present petition is allowed. No costs.

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

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 26.09.2018 Ksp