B.Naga Venkata Sudhakar v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.P.M.P.No.13950 OF 2017 IN/AND CRIMINAL PETITION NO.12338 OF 2017 ORDER:

Crl.P.M.P.No.13950 of 2017 This miscellaneous petition is filed under Section 482 read with 320 (2) Criminal Procedure Code (for short "Cr.P.C.") seeking leave to compound the offence punishable under Sections 507 and 509 of Indian Penal Code (for short "I.P.C.") and under Section 66A of I.T. Act, 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 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, it is stated that the suit O.S.No.253 of 2015 pending between the parties on the file of Principal Senior Civil Judge, Machilipatnam, was ended in compromise before the Lok Adalat and an award was passed to that effect on 01.02.2.107 and they intend to lead peaceful life.

In view of the award passed in O.S.No.253 of 2015 before the Lok Adalat and settlement between the parties and as the Section 66-A of I.T.Act struck down by the Apex Court as unconstitutional, and the compromise is voluntary, I find that it is a fit case to grant

MSM,J Crl.P_12338_2017 permission to compound the offence. Accordingly, the petition is ordered.

Crl.P.No.12338 of 2017 In view of the orders passed in Crl.P.M.P.No.13950 of 2017, 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 19.12.2017 Ksp