Kovelakuntla Shaharab v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.Nos.1 and 2 OF 2018 IN/AND CRIMINAL PETITION NO.10921 OF 2018 ORDER:

I.A.Nos.1 and 2 of 2018 These miscellaneous petitions are filed seeking permission of this Court to record compromise and compound the offences in S.C.No.197 of 2018 on the file of I Additional Senior Civil Judge, Ranga Reddy District, L.B.Nagar, registered for the offences punishable under Sections 498-A, 307, 354, 384 read with 34 of Indian Penal Code (for short "I.P.C.") and under Sections 3 and 4 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 are also present and they are identified by their counsel and Public Prosecutor, produced Photostat copies of aadhar cards in proof of their identity. When 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 Section 498-A of I.P.C. though not compoundable, it can be compounded with the permission of the Court.

The offence punishable under Section 307 IPC, though not compoundable, it can be compounded with the permission of the Court. Moreover, the Apex Court in "Narinder Singh v. State of

MSM,J CrlP_10921_2018 Punjab1" issued guidelines to quash the proceedings in cases where the offences involved are non-compoundable. By applying the principles laid down by the Apex Court in the judgment referred supra and in view of the close relationship between the parties and as 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 compromise petition. Accordingly, the petitions are ordered.

Crl.P.No.10921 OF 2018 In view of the orders passed in I.A.Nos.01 and 02 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 11.10.2018 Ksp 1 (2014) 6 SCC 466