Ahmed Alisha Shaik v. Sadasivni Sankara Rao

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.Nos. 2 & 3 OF 2018 IN/AND CRIMINAL PETITION NO.9928 OF 2018 ORDER:

I.A.Nos. 2 & 3 OF 2018 These miscellaneous petitions are filed seeking permission of this Court to record compromise and compound the offences in C.C.No.1113 of 2018, on the file of Special Mobile Judicial Magistrate of First Class at Kakinada, for the offences punishable under Sections 120-B, 427, 379 IPC and Section 7 of Essential Commodities Act.

The first respondent filed a complaint before the police. On the strength of the complaint, crime was registered and the police issued F.I.R. At the crime stage, both the parties entered into compromise, settled the claims against one another and decided not to proceed against one another, thereby, resolved the dispute amicably.

Both the petitioner/A-2 and first respondent are present and they are identified by their respective counsels and produced Photostat copies of Aadhar cards to prove their identity. When terms of compromise are explained in vernacular language, they are admitted to be true and correct. Further, it is now submitted that, both parties have voluntarily entered into compromise due to intervention of elders and well-wishers and they wanted to lead peaceful life in future.

MSM,J CrlP_9928_2018 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. Crl.P.NO.9928 OF 2018 In view of the order passed by this Court in I.A.Nos. 2 & 3 of 2018, this criminal petition is allowed and the proceedings in C.C.No.1113 of 2018, on the file of Special Mobile Judicial Magistrate of First Class at Kakinada, are hereby quashed. Registry is directed to annex a copy of joint memo filed by both the parties, to this order.

Consequently, miscellaneous applications pending if any, shall also stand closed. No costs.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 18.09.2018 SP