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Andhra Pradesh High Court - Amravati

Dadi Uma Maheswari Devi, vs The State Of Andhra Pradesh, on 25 July, 2022

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

     IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI

           HON'BLE SRI JUSTICE NINALA JAYASURYA

                      I.A.Nos.1 and 2 of 2022
                              IN/AND
                CRIMINAL PETITION No.819 OF 2020
Between:
Dadi Uma Maheswari Devi
and another
                                ... Petitioners/Accused Nos.2 & 3

       Versus

The State of Andhra Pradesh represented by
Represented by its Public Prosecutor and another.
                                              ... Respondents

Counsel for the petitioners : Mr.E.V.S.S.Ravi Kumar

Counsel for 1st respondent : The Assistant Public Prosecutor

Counsel for 2nd respondent : Mr.N.Harinadh

ORDER:

I.A.No.1 and 2 of 2022 These miscellaneous petitions are filed under Section 320(8) and 482 of the Criminal Procedure Code, 1973 (Cr.P.C.) seeking permission to record compromise and compound the offences to quash the proceedings against the petitioners/Accused Nos.2 and 3 in S.C.No.112 of 2019 on the file of the Special Sessions Judge for Trial of cases under SC & ST POA Act-cum-XI Additional District & Sessions Judge's Court, Visakhapatnam.

2. The 2nd respondent / de facto complainant lodged a complaint against the petitioners/Accused Nos.1 to 3 in Cr.No.385 of 2019 on the file of Pendurthy Police Station, Visakhapatnam City for the offences punishable under Sections 341, 506, 509 read with Section 34 of Indian Penal Code, 1860 (IPC) and Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST Prevention of Atrocities (POA) Act, 2015. After 2 completion of the investigation, the Police laid the charge sheet and the said calendar case is now pending before the trial Court.

3. The petitioner Nos.2 and 3/Accused Nos.2 and 3 and the 2nd respondent/de facto complainant are present and they are identified by their respective counsels and produced Photostat copies of Aadhar cards to prove their identity.

4. A joint memo of compromise is filed by both the parties. When the terms of joint memo of compromise are explained in Telugu language, they are admitted to be true and correct. It is submitted that petitioners and the 2nd respondent voluntarily entered into compromise, settled the matter outside the Court due to intervention of elders and well-wishers and that there are no disputes between both the parties.

5. 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 the petition. Accordingly, the petitions are ordered. Crl.P.No.819 of 2020

6. In view of the orders passed by this Court in I.A.Nos.1 and 2 of 2022, this Criminal Petition is allowed.

7. Registry is directed to annex a copy of joint compromise memo to this order. Consequently, miscellaneous applications, pending if any, shall stand closed.

________________________ NINALA JAYASURYA, J July 25, 2022.

NPA 3 328 HON'BLE SRI JUSTICE NINALA JAYASURYA I.A.Nos.1 and 2 of 2022 IN/AND CRIMINAL PETITION No.819 OF 2020 Dt: 25.07.2022 NPA