THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7283 of 2011 ORDER: Petitioners approached this court with a prayer to direct the IX Additional Sessions Judge (FTC), Visakhapatnam, to consider the compromise memo filed by them and the defacto-complainant. Petitioners/Accused were tried in S.C.No.54 of 2009 on the file of the Assistant Sessions Judge, Yelamanchili, and, ultimately, vide judgment dated 18.01.2010 they were convicted and sentenced, against which they preferred Criminal Appeal No.3 of 2010 before IX Additional District & Sessions Judge (FTC), Visakhapatnam, and the same is pending. The main grievance of the petitioners is that the joint petition filed by them and the defacto-complainant in Crl.P.M.P.No.16 of 2011 in Crl.A.No.3 of 2010 on the file of the IX Additional District & Sessions Judge (FTC), Visakhapatnam, stating that both of them settled their disputes and entered into a compromise and requesting the Court to record compromise between them and the defacto-complainant, was rejected by order dated 02.02.2011 on the ground that the alleged offences are non-compoundable in nature. Learned counsel for the petitioners fairly conceded that the order dated 02.02.2011 passed by the lower appellate court is not erroneous and confined his arguments only for a direction to the lower appellate Court to consider the compromise petition filed by the petitioners and the defacto-complainant as a mitigating circumstance while disposing of the appeal. Considering the facts and circumstances of the case and also the submissions of the learned counsel for the petitioners, this Court is of the view that as the parties intend to compound the offence, which are non-compoundable in nature, the appellate Court can consider the compromise memo filed by the parties treating as a mitigating circumstance while disposing of the appeal. Accordingly, this criminal petition is disposed of. Miscellaneous petitions, if any, filed in this criminal petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 19.08.2011 v v