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High Court for State of TelanganaCRLP/12836/2017allowed no costs

Deedar Singh v. The State Of Andhra Pradesh

2017-12-26M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.P.M.P.No.14205 OF 2017 IN/AND CRIMINAL PETITION NO.12836 OF 2017 ORDER:

Crl.P.M.P.No.14205 of 2017 This miscellaneous petition is filed under Section 320 read with 482 of Criminal Procedure Code (for short "Cr.P.C.") seeking leave to compromise the offence punishable under Section 498-A of Indian Penal Code (for short "I.P.C."), 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 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 and today, learned counsel for the petitioner handed over demand draft No.817677 for Rs.6,50,000/- dated 11.12.2017 issued by Oriental Bank of Commerce, Himayatnagar branch, to the defaco complainant in open Court and the defacto complainant accepted the same towards full and final settlement.

MSM,J Crl.P_12836_2017 The offence punishable under Section 498-A of I.P.C. though not compoundable, it can be compounded with the permission of the Court.

In view of the close relationship between the parties and 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 petition. Accordingly, the petition is ordered.

Crl.P.No.12836 Of 2017 In view of the orders passed in Crl.P.M.P.No.14205 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 26.12.2017 Ksp