Allowed

Smt.Dr.Indira Ajay and Another v. the State of Telangana, Rep by P.P and Another

Telangana HC3 Oct 2018CRLP/9278/2017

Case brief

AI extract

What is this about?

The Court allowed miscellaneous petitions seeking permission to compound offences under the SC/ST (POA) Act and IPC. Noting a voluntary compromise for peace, the Court granted leave despite non-compoundability and quashed the criminal proceedings.

What did the court decide?

Permission granted to compound offences; Criminal Petition No. 9278 of 2018 allowed and proceedings quashed.

Smt.Dr.Indira Ajay and Another Vs the State of Telangana… — Caste Atrocities | Telangana HC (2018)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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I.A.Nos. 1 & 2 OF 2017

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IN/AND

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CRIMINAL PETITION NO.9278 OF 2017

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ORDER :

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I.A.Nos. 1 & 2 OF 2017

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These miscellaneous petitions are filed seeking permission of this Court to record compromise and compound the offences in S.C.No.7048 of 2017 on the file of Special Sessions Judge for Trial of Cases under SC/ST (POA) Act, 1989-cum-VII Additional District & Sessions Judge, L.B. Nagar, Ranga Reddy District, for the offence punishable under Section 3(1)(r)(s) of SC/ST (POA) Act, 1989 and Section 506 IPC.

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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.

¶9

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.

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MSM,J CrlP_9278_2017

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The offence punishable under Section 3(1)(r)(s)

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of S.Cs. and S.Ts. (POA) Act though not compoundable, it can be compounded with the permission of the Court and the bar under Section 18 of the S.Cs. and S.Ts. (POA) Act will not come in the way when the parties entered into compromise.

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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.

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Crl.P.NO.9278 OF 2018

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In view of the order passed by this Court in I.A.Nos. 1 & 2 of 2017, this criminal petition is allowed and the proceedings against the petitioners in S.C.No.7048 of 2017 on the file of Special Sessions Judge for Trial of Cases under SC/ST (POA) Act, 1989cum-VII Additional District & Sessions Judge, L.B. Nagar, Ranga Reddy District, are hereby quashed.

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Registry is directed to annex a copy of joint memo filed by both the parties, to this order.

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Consequently, miscellaneous applications pending if any, shall also stand closed. No costs.

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_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date: 10.10.2018 SP

Smt.Dr.Indira Ajay and Another v. the State of Telangana, Rep by P.P and Another

Case brief

What is this about?

What did the court decide?

Smt.Dr.Indira Ajay and Another v. the State of Telangana, Rep by P.P and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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