Shaik Imtiaz Ali v. Shazia Afreen

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.P.M.P.No.13107 OF 2017 IN/AND CRIMINAL PETITION NO.11835 OF 2017 ORDER:

Crl.P.M.P.No.13107 of 2017 This miscellaneous petition is filed under Section 482 read with 320 of Criminal Procedure Code (for short "Cr.P.C.") seeking leave to compound the offences punishable under Sections 498-A and 506 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 complainant stated that accused No.1 agreed to pay maintenance at the rate of Rs.20,000/- per month and paid Rs.15,00,000/- and the same was reduced into writing in P.L.C.No.12 of 2017 and also stated that they settled the issue outside the Court due to intervention of elders and well-wishers and they intend to lead peaceful life.

MSM,J Crl.P_11835_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 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 petition. Accordingly, the petition is ordered.

Crl.P.No.11835 Of 2017 In view of the orders passed in Crl.P.M.P.No.13107 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 30.11.2017 Ksp