M.Satyarnarayanan Murthy J granted leave to compound offences under IPC Sections 447, 471, 468, 420, 506 and 34 based on a voluntary compromise. The criminal petition was allowed and proceedings quashed.
Leave to compound offences granted; criminal petition allowed and proceedings quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
I.A.Nos. 2 & 3 OF 2018
IN/AND
CRIMINAL PETITION NO.4515 OF 2018
ORDER :
I.A.Nos. 2 & 3 OF 2018
These miscellaneous petitions are filed seeking permission of this Court to record compromise and compound the offences in C.C.No.377 of 2016 on the file of XV Metropolitan Magistrate at Medchal, registered for the offences punishable under Sections 447, 471, 468, 420, 506 & 34 IPC.
The second respondent filed a complaint before the police. On the strength of the complaint, crime was registered and the police issued F.I.R. At the crime stage, both the parties entered into compromise, settled the claims against one another and decided not to proceed against one another, thereby, resolved the dispute amicably.
Both the petitioners and second respondent are present and they are identified by their respective counsels and produced Photostat copies of Aadhar cards to prove their identity.
When terms of compromise are explained in vernacular language, they are admitted to be true and correct. Further, it is now submitted that, petitioners and second respondent have voluntarily entered into compromise due to intervention of elders and well-wishers and they wanted to lead peaceful life in future.
MSM,J CrlP_4515_2018
2
Hence, taking into consideration the facts of the case, leave is granted to compound the offence to maintain peace and harmony between the parties. Therefore, I find that the compromise is voluntary, in the interest of both parties and permission is granted to compound the offence. Hence, compromise is recorded in terms of the joint memo filed along with these petitions. Accordingly, these petitions are ordered.
Crl.P.NO.4515 OF 2018
In view of the order passed by this Court in I.A.Nos. 2 & 3of 2018, this criminal petition is allowed and the proceedings in C.C.No.377 of 2016 on the file of XV Metropolitan Magistrate at Medchal, are hereby quashed.
Registry is directed to annex a copy of joint memo filed by both the parties, to this order.
Consequently, miscellaneous applications pending if any, shall also stand closed. No costs.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 20.08.2018 SP
1 issue framed by the court
Whether leave to compound the offences punishable under Sections 447, 471, 468, 420, 506 & 34 IPC can be granted based on a voluntary compromise between parties.
1 provisions across 1 enactments
Petitioners
Second Respondent
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
