Banka Ellaiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.Nos.03 and 04 OF 2018 IN/AND CRIMINAL PETITION NO.10229 OF 2018 ORDER:

I.A.Nos.03 and 04 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 290, 324 and 506 of Indian Penal Code (for short "I.P.C.") and under Sections 3 (1) (r) (s) and 3

(2) (v) (a) 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 are present 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 they intend to lead peaceful life.

The offence punishable under Sections 3 (1) (r) (s) and 3 (2) (v) (a) of S.Cs. and S.Ts. (POA) Act though not compoundable, they can be compounded with the permission of the Court and the bar under Section 18 of the S.Cs. and S.Ts. (POA) Act will not come in the way when the parties entered into compromise.

MSM,J Crl.P_10229_2018 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 compromise petition. Accordingly, the petitions are ordered. Crl.P.No.10229 of 2018 In view of the orders passed in I.A.Nos.03 and 04 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 26.09.2018 Ksp