High Court for State of TelanganaCRLP/10015/2018allowed no costs

T Manikya Reddy v. The State Of Telangana

2018-09-20M.Satyanarayana Murthy3 pages

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.Nos. 02 and 03 of 2018 IN/AND CRIMINAL PETITION NO.10015 of 2018 COMMON ORDER:

I.A.Nos.02 and 03 of 2018 These applications are filed seeking leave of this Court to compound the offence punishable under Section 3 (1) (x) of SCs and STs (POA) Act, 1989 and to record compromise in Crime No.23 of 2013 dt.11.02.2013 on the file of Police Station Lingampet, Nizambad District.

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 parties stated that they settled the issue outside the Court due to intervention of elders and well-wishers. However, both the parties stated that the compromise is voluntary and in the interest of both parties to lead their lives happily. The offence punishable under Section 3 (1) (x) 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.

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, the applications are allowed permitting the parties to compound the said offences and to record compromise. Cr l.P.No.1 0 0 1 5 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 Crime No.23 of 2013 on the file of Lingampet Police Station, Nizambad District, are hereby quashed.

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

________________________________________ M. SATYANARAYANA MURTHY, J Date: 20-09-2018 eha

HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY I.A.Nos. 02 and 03 of 2018 IN/AND CRIMINAL PETITION NO.10015 of 2018 Dt. 20-09-2018 eha