HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10017 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 Cr.P.C., with a prayer to quash the order dated 29.09.2011 made in Crl.M.P.No.114 of 2011 in Crl.A.No.198 of 2010 on the file of the V Addl. District & Sessions Judge, East Godavari at Rajahmundry. Briefly, the facts of the case are that the petitioner herein was tried for the offence punishable under Section 498-A of IPC in C.C.No.669 of 2004 on the file of the III Addl. Judicial Magistrate of First Class, Rajahmundry, and after completion of trial and on appreciation of both the oral and documentary evidence, the learned Magistrate convicted the petitioner for the said offence and, accordingly, sentenced him to undergo simple imprisonment for one year and to pay a fine of Rs.2,000/-, by judgment dated 24.06.2010. Being aggrieved by the same, the petitioner filed an appeal before the V Addl. District & Sessions Judge, East Godavari at Rajahmundry in Crl.A.No.198 of 2010. During pendency of the criminal appeal, both parties filed an application in Crl.M.P.No.114 of 2011 seeking permission to compound the offence. The learned Sessions Judge dismissed the said application, by an order dated 29.09.2011 on the ground that he has no jurisdiction to entertain the application at the appellate stage. The same is questioned in this Criminal Petition. Learned counsel for the petitioner mainly submitted that the matter is settled out of Court amicably, that the petitioner and the 1st respondent being husband and wife have agreed to live together, and that though the offence is compoundable offence and can be compounded at any stage, the learned Sessions Judge dismissed the application filed by the petitioner. Section 320 of Cr.P.C. clearly indicates that even at the appellate stage, the complainant can compound an offence with the accused. Further, the offence arose out of matrimonial disputes and the petitioner and the 1st respondent are willing to live together. Considering the same, the criminal petition is allowed and the order impugned herein is set aside. The V Addl. District & Sessions Judge, East Godavari at Rajahmundry, is hereby directed to allow the parties to compound the offence and to dispose of the Criminal Appeal No.198 of 2010 on or before 30.11.2011. Miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 17th October, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.10017 of 2011 (Allowed) 17th October, 2011 cbs