Chowdoju Sai Sandeep v. The State Of Telangana

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY I.A. Nos.2 AND 3 OF 2018 CRIMINAL PETITION No.10971 OF 2018 COMMON ORDER:

The main Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code'), is filed by the petitioner - accused No.1 viz., Chowdoju Sai Sandeep, to quash the proceedings against him in Crime/FIR No.180 of 2018, dated 31.03.2018, on the file of Jubilee Hills Police Station, Hyderabad, Telangana State, registered for the offences punishable under Section 504, 506 and 120-B read with 34 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 3 (1) (r) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short 'Act, 2015').

2. The petitioner herein is accused No.1 in the aforesaid Crime, and respondent No.2 is the de facto complainant. Both parties entered into compromise and filed I.A. No.3 of 2018 under Section 320 (2) of the Code to permit them to enter into compromise and I.A. No.2 of 2018 under Section 320 (6) of the Code to compound the offences and record the compromise.

3. The petitioner - accused No.1 and respondent No.2 - de facto complainant are present and they are identified by their respective counsel and produced Photostat copies of Aadhar Cards in proof of their identity. When the terms and conditions of compromise are explained in vernacular language, they admitted to be true and correct.

MSM,J I.A. Nos.2 & 3 OF 2018 Crl.P. No.10971 OF 2018

4. 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.

5. The offence punishable under Sections 504 and 506 IPC are compoundable offences. Whereas, the offence punishable under Section 120-B IPC and Section 3 (1) (r) and (s) of Act, 2015 though not compoundable, they can be compounded with the permission of Court and the bar under Section 18 of the Act, 2015 will not come in the way when the parties entered into compromise.

6. 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 offences. Hence, compromise is recorded in terms of joint memo filed along with the petition.

7. Accordingly, I.A. Nos.2 and 3 of 2018 are allowed. Consequently, the present Criminal Petition is also allowed quashing the proceedings against accused No.1 in Crime/FIR No.180 of 2018, dated 31.03.2018, on the file of Jubilee Hills Police Station, Hyderabad, Telangana State.

8. Registry is directed to annex a copy of the joint memo filed by both parties, to this order.

MSM,J I.A. Nos.2 & 3 OF 2018 Crl.P. No.10971 OF 2018 Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition, stand closed.

_________________________________ M. SATYANARAYANA MURTHY, J October 12, 2018 Mgr