This judgment records a compromise in a criminal case under Sections 420, 385 IPC and grants permission to compound the offence. The Court subsequently allowed the criminal petition and quashed the proceedings under Section 420, 385 IPC.
Permission granted to compound the offence under Sections 420 and 385 IPC; criminal proceedings quashed.
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
I.A.Nos. 2 & 3 OF 2018
IN/AND
CRIMINAL PETITION NO.856 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.114 of 2015 on the file of Judicial Magistrate of First Class, Kandukuru, Prakasam District, for the offences punishable under Sections 420, 385 r/w 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 petitioner Nos.1 and 2/ A.2 and A.3 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, both parties have voluntarily entered into compromise due to intervention of elders and well-wishers and they wanted to lead peaceful life in future.
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 applications are ordered.
Crl.P.NO.856 OF 2018
In view of the order passed by this Court in I.A.Nos. 2 & 3 of 2018, this criminal petition is allowed and the proceedings C.C.No.114 of 2015 on the file of Judicial Magistrate of First Class, Kandukuru, Prakasam District, 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.
Date: 28.08.2018
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
eha
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
I.A.Nos. 2 & 3 OF 2018
IN/AND
CRIMINAL PETITION NO.856 OF 2018
28.08.2018
eha
1 issue framed by the court
Whether the Court should record the compromise and direct the quashing of criminal proceedings in Cheating and Snatching cases.
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
