The court permitted the compounding of compoundable and non-compoundable offences under Section 498-A IPC and the Dowry Prohibition Act after verifying a voluntary settlement between the parties outside the court. Consequently, the main petition was allowed. No costs were awarded.
Permission to compound offences associated with the case was granted.
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 and 3 OF 2018 IN/AND CRIMINAL PETITION NO.590 OF 2018
ORDER :
I.A.Nos.2 and 3 of 2018
These miscellaneous petitions are filed under Section 320 (2) and (6) read with Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) seeking leave to compromise the case and compound the offences punishable under Sections 498-A, 307 and 323 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 present and they are identified by their counsel and Public Prosecutor. When the 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 that the complainant and her husband/accused No.1 are living together.
The offence punishable under Section 498-A of I.P.C. though not compoundable, it can be compounded with the permission of the Court.
MSM,J Crl.P_590_2018
2
In view of the close relationship between the parties and as the complainant and her husband living together, and 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 petitions are ordered.
Crl.P.No.590 Of 2018
In view of the orders passed in I.A.Nos.2 and 3 of 2018, the present petition is allowed. No costs.
Consequently, miscellaneous applications pending if any, shall stand dismissed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 01.08.2018 Ksp
2 issues framed by the court
Whether permission should be granted under the Criminal Procedure Code to compound offences under Section 498-A IPC on settlement.
Whether the dismissal of miscellaneous applications pending should be recorded after allowing I.A.Nos. 2 and 3 of 2018.
3 provisions across 3 enactments
Complainant
Accused No. 1
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
