Court allowed compromise petition under Section 320 CrPC for offences under Sections 448, 323, and 34 IPC. Parties settled externally via joint memo; offence was not against society.
Permission to compound the offences pursuant to the recorded joint compromise memo.
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.No.03 OF 2018
IN/AND CRIMINAL PETITION NO.5839 OF 2018
ORDER :
I.A.No.03 of 2018
This miscellaneous petition is filed under Section 320 of Criminal Procedure Code (for short “Cr.P.C.”) seeking leave to compromise the case and compound the offences punishable under Sections 448 and 323 read with 34 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 petitioners/accused are 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.
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.
MSM,J Crl.P_5839_2018
2
Crl.P.No.5839 Of 2018
In view of the orders passed in I.A.No.03 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
31.08.2018
Ksp
1 issue framed by the court
Whether permission to compound offences under Sections 448, 323, and 34 of IPC read with Section 320 CrPC can be granted where the matter is settled outside the court.
4 provisions across 2 enactments
Complainant
Petitioners/Accused
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
