Shri. K. Sandeep Babu v. The State Of Telangana

HONOURABLE SRI J USTICE M.S.K . J AISWAL CRL.P.M.P.Nos. 15496 and 15497 of 2016 IN/AND CRIMINAL PETITION No. 13726 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.513 of 2016 on the file of Station House Officer, Police Station, Sanjeevareddy Nagar, Hyderabad, pending adjudication on the file of learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 498-A, 323, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The 2nd respondent/de facto complainant and her counsel as well as the petitioners/accused 1 to 3 and their counsel are present.

Heard both sides and perused the record.

Basing on the complaint lodged by the 2nd respondent/de facto complainant, the above crime was registered against the petitioners/accused 1 to 3.

It is submitted by both the parties that at the stage of investigation of the above crime, at the intervention of the elders and well-wishers, the parties have amicably settled their disputes concerning to the present crime and accordingly the first petitioner-husband and second respondent-wife are living together and hence compromise may be recorded and criminal proceedings in the above crime may be quashed.

In Yogendra Yadav and others v. the State of Jharkhand1 the Supreme Court, in the matter of compromise of a noncompoundable offence, held as under: "The question before this Court is whether this Court can compound the offences under Sections 326 and 307 of the IPC, which are noncompoundable. Needless to say that offences which are non-compoundable cannot be compounded by the court. Courts draw the power of compounding offences from Section 320 of the Code. The said provision has to be strictly followed (Gian Singh v. State of Punjab {(2012) 10 SCC 303}). However, in a given case, the High Court can quash a criminal proceeding in exercise of its power under Section 482 of the Code having regard to the fact that the parties have amicably settled their disputes and the victim has no objection, even though the offences are noncompoundable.

In which cases the High Court can exercise its discretion to quash the proceedings depending on facts and circumstances of each case. Offences, which involve moral turpitude, grave offences like rape, murder etc. cannot be effaced by quashing the proceedings because that will have harmful effect on the society. Such offences cannot be said to be restricted to two individuals or two groups. If such offences are quashed, it may send wrong signal to the society. However, when the High Court is convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, the prosecution becomes a lame prosecution.

Pursuing such a lame prosecution would be waste of time and energy. That will also unsettle the compromise and obstruct restoration of peace."

Having regard to the above submission and considering the fact that the parties have amicably settled the disputes among themselves out of Court and no useful purpose will be served 1 2015 (1) ALD (Crl.) 240 (Supreme Court)

even if the parties are driven to face investigation and the trial as they compromised, and following the decision reported in Gian Singh v. State of Punjab and another2 the criminal miscellaneous petitions are allowed and compromise is recorded, and consequently, proceedings in Crime No.513 of 2016 on the file of Station House Officer, Police Station, Sanjeevareddy Nagar, Hyderabad, pending adjudication on the file of learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered against the petitioners/accused 1 to 3 are hereby quashed. The Crl.P.MP.Nos.15496 and 15497 of and Crl.P.No.13726 of 2016 are accordingly allowed. ------------------------------------ JUSTICE M.S.K. JAISWAL DATED 20th September, 2016.

Msnrx 2 (2012) 10 SCC 303