The High Court allowed the petitioner's application to compound the offences under Section 498-A IPC and the Dowry Prohibition Act, recording the joint compromise memo filed by the parties.
Petition allowed; offence compounded; miscellaneous applications pending if any dismissed.
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
I.A.Nos.01 and 02 OF 2018 IN/AND CRIMINAL PETITION NO.7982 OF 2018
ORDER :
I.A.Nos.01 and 02 of 2018
These miscellaneous petitions are filed under Section 320 (2) and (6) of Criminal Procedure Code (for short “Cr.P.C.”) seeking leave to compromise the case and compound the offences punishable under Sections 498-A 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 petitioner/accused are present and they are identified by their counsel and Public Prosecutor. 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. Complainant further stated that the accused agreed to pay Rs.30,00,000/-towards full and final settlement.
The offence punishable under Section 498-A of I.P.C. though not compoundable, it can be compounded with the permission of the Court.
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
MSM,J Crl.P_7982_2018
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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.7982 Of 2018
In view of the orders passed in I.A.Nos.01 and 02 of 2018, the present petition is allowed in terms of the joint compromise memo/petition 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
24.09.2018
Ksp
3 issues framed by the court
Whether to grant permission to compound the offence of(section 498-A IPC) in a fit case.
Whether the compromise between the parties is voluntary and consensual.
Whether the petition seeking leave to compromise the case should be allowed.
3 provisions across 3 enactments
Petitioner/Accused
Complainant
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
