Abhinav Kumar Saxena v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.P.M.P.NO.17515 of 2016 IN/AND Crl.P.No.15456 of 2016 ORDER:

Crl.M.P.No.17515 of 2016:

Both parties are present and identified by the respective counsels.

This petition is filed under Section 320 of Criminal Procedure Code (for short "Cr.P.C.") seeking permission to compound the C.C.No.858 of 2015 on the file of XIX Metropolitan Magistrate, Kukatpally, Miyapur at Cyberabad, registered for the offence punishable under Section 498-A read with 34 of Indian Penal Code (for short "I.P.C.") In "Gian Singh v. State of Punjab and Anr.1" the Apex Court held that depending upon the facts and circumstances of each case, the High Court can exercise its inherent power under Section 482 Cr.P.C., however before exercising such power, High Court must have due regard to nature and gravity of crime and its social impact. It is further held that heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc.

, could not be fittingly quashed even though victim or victim's family and offender have settled dispute. Such offences were not private in nature and have serious impact on society.

MSM,J Crl.P_15456_2016 involving such offences.

By applying the principle laid down in the above judgment, since the settlement is in the interest of both petitioner/wife and respondent No.1/husband in the petition, I find that it is a fit case to permit the petitioner to compound the offence. Accordingly, permission is accorded as sought for. Crl.P.No.15456 of 2016:

In view of the order passed in Crl.P.M.P.No.17515 of 2016, this petition is allowed. No costs.

The miscellaneous petitions pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 28.10.2016 Ksp