Bollapalli Ramchandra Rao , Rai Achander v. State Of Telangana.

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.PMP No.19206 OF 2016 IN/AND CRIMINAL PETITION NO.17050 OF 2016 ORDER:

This criminal petition is filed under Section 320 (6) of Cr.P.C to quash the proceedings in Crime No.329 of 2016 pending on the file of Maredpally Police Station, Secunderabad, for the offences allegedly committed by the petitioner are punishable under Sections 454 & 380 IPC.

Both the petitioner and the defacto complainant are present in the Court today and they are identified by their respective counsel. On enquiry, both the petitioner and defacto complainant stated that the matter was compromised voluntarily with the intervention of elders and they wanted to lead a peaceful life. Even if the offences mentioned supra are permitted to be compounded, it will have no societal impact.

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. Similarly any compromise between victim and offender in relation to offences 1 (2012) 10 SCC 303

MSM,J CrlP_17050_2016 under special statutes like Prevention of Corruption Act or offences committed by public servants while working in that capacity etc; could not provide for any basis for quashing criminal proceedings involving such offences.

By applying the principles laid down by the Supreme Court in the judgment referred supra, such permissions will not have any serious impact on the society rather than special enactments like Prevention of Corruption Act.

As the matter is settled outside the Court, if the Trial is allowed to continue, supporting the case of prosecution is bleak and it would be a futile attempt to continue the proceedings. Permitting to compound such offences will have no impact on the society. Therefore, considering the facts and circumstances of the case and the terms of compromise, leave is granted to both the parties to enter into compromise by exercising power under Section 320(6) of Cr.P.C. Accordingly Crl.P.MP is allowed. Crl.P.NO.17050 OF 2016 In view of the order passed by this Court in Crl.PMP Nos.19206 of 2016 as to the terms of compromise, the Crime No.329 of 2016 pending on the file of Maredpally Police Station, Secunderabad, are quashed.

In the result, the criminal petition is allowed. Consequently, miscellaneous applications pending if any, shall also stand closed. No costs.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:26.12.2016 SP