Gangula Somi Reddy, v. Smt B Prashantha,
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.PMP Nos.18784 AND 18785 OF 2016 IN/AND CRIMINAL PETITION NO.16646 OF 2016 ORDER:
This criminal petition is filed under Section 320 (6) of Cr.P.C to quash the proceedings in Crime No.538 of 2015 pending on the file of Kushaiguda Police Station, Cyberabad, Ranga Reddy District, for the offences allegedly committed by the petitioner are punishable under Sections 417, 420, 504 & 506 IPC. Both the petitioner and the defacto complainant are present in the Court today. They are identified by their respective counsel and they produced photostat copies of Aadhar cards to prove their identity. 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 1 (2012) 10 SCC 303
in nature and have serious impact on society. Similarly any compromise between victim and offender in relation to offences 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.16646 OF 2016 In view of the order passed by this Court in Crl.PMP Nos.18784 and 18785 of 2016 as to the terms of compromise, the proceedings in Crime No.538 of 2015 pending on the file of Kushaiguda Police Station, Cyberabad, Ranga Reddy District, 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
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.PMP Nos.19148 AND 19149 OF 2016 IN/AND CRIMINAL PETITION NO.2536 OF 2016 Date:26.12.2016 SP