Mudavath Neelambar Rao , Neeli v. State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.P.M.P.NO.18084 of 2016 IN/AND Crl.P.No.15982 of 2016 ORDER:

Crl.M.P.No.18084 of 2016:

This petition is filed under Section 320 read with Section 482 of Criminal Procedure Code (for short "Cr.P.C.") seeking permission to quash the C.C.No.1505 of 2015 on the file of the XXIV Metropolitan Magistrate, Kukatpally, at Miyapur, Cyberabad in view of the compromise entered between the petitioner/husband and respondent No.2.

The petitioner/husband and defacto complainant/wife are present and they are identified by their respective counsels. On enquiry the parties stated that they settled the issue outside the Court due to intervention of elders and well-wishers and they wanted to lead peaceful life.

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 Crl.P_15982_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 principle laid down in the above judgment, since the settlement is in the interest of both petitioner/husband and respondent/wife and the said settlement has no societal impact; I find that it is a fit case to permit the petitioners to compound the offences.

Accordingly, permission is accorded as sought for. Crl.P.No.15982 of 2016:

In view of the order passed in Crl.P.M.P.No.18084 of 2016, this petition is allowed. No costs.

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

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 23.11.2016 Ksp