1
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No: Crl. P. No.4558 of 2021
PROCEEDINGS SHEET
Sl. ORDER OFFICE
NOTE
No. DATE
3) 25.10.2021 CMR, J.
I.A.Nos.2 & 3 of 2021 The petitioners in Crl.P.No.4558 of 2021 are the accused in C.C.No.269 of 2013 on the file of the Judicial Magistrate of First Class, Chintalapudi, West Godavari District. They were prosecuted for the offences punishable under Sections 342, 324, 323, 506 r/w.34 of IPC. Eventually, they were found guilty for the aforesaid offences and they were convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/-, in default, to suffer simple imprisonment for a period of one week, each, for the offences punishable under Sections 324 and 506 r/w.34 of IPC each; they were also convicted and sentenced to undergo simple imprisonment for a period of four months and to pay a fine of Rs.200/-, in default, to suffer simple imprisonment for a period of one week for the offence punishable under Section 342 r/w.34 of IPC each; and they were further convicted and sentenced to pay a fine of Rs.1000/-, in default, to suffer simple imprisonment for a period of one week each for the offence punishable under Section 323 of IPC.
Aggrieved by the said judgment of conviction and sentence, they have preferred an appeal in Criminal Appeal No.18 of 2018 on the file of the Principal 2 Sl. ORDER OFFICE NOTE No. DATE District and Sessions Judge, Eluru, West Godavari District. The said appeal is pending hearing before the appellate Court.
While the said appeal is pending hearing, they have filed the main Criminal Petition No.4558 of 2021 under Section 482 Cr.P.C. seeking quash of the said criminal prosecution launched against them on the ground that both the parties have entered into a compromise and the injured also have no objection to quash the proceedings against them. To that effect they have also filed a joint memo in I.A.No.3 of 2021 and they have also filed a petition in I.A.No.2 of 2021 seeking permission of this Court to compound the said offences.
The offence under Section 324 of IPC is a non- compoundable offence. Therefore, they are before this Court by way of filing a petition under Section 482 Cr.P.C. Learned counsel for the petitioners relied on the judgment of the Supreme Court rendered in the case of Ramgopal v. State of Madhya Pradesh1, wherein the Supreme Court held that in appropriate cases the High Court under Section 482 Cr.P.C. and the Supreme Court under Article 142 of the Constitution of India can quash the criminal proceedings even when the appeals are pending relating to the said criminal cases.
1 (2021 SCC Online SC 834) 3 Sl. ORDER OFFICE NOTE No. DATE
The legal position is made clear in the aforesaid judgment that even after the accused were convicted and when the appeals are pending and when both the parties have entered into compromise that the High Court, in exercise of its inherent power under Section 482 Cr.P.C., can set aside the conviction.
The de facto complainant and the other injured in this case are present before this Court. They have categorically and unequivocally stated before this Court that they have entered into a compromise with the accused, who are accused Nos.1 to 7, and that they have absolutely no objection to set aside the conviction imposed against them and acquit them of the said offences. They have also filed a joint memo to that effect.
The de facto complainant has identified the petitioners in main Crl.P.No.4558 of 2021 as accused Nos.1 to 7 in the said case. The Sub-Inspector of Police, T.Narasapuram Police Station, West Godavari District, is also present and he has also identified the petitioners, who are present in the Court, as accused in the said case.
Therefore, in view of the aforesaid joint memo filed by both the parties and also the representation made in the open Court by the de facto complainant and the injured, and considering the law laid down in the aforesaid judgment of the Supreme Court, 4 Sl. ORDER OFFICE NOTE No. DATE permission is accorded to both the parties to compound the offence.
Therefore, both these Interlocutory Applications are allowed accordingly.
_________ CMR, J.
Crl.P.No.4558 of 2021 The Criminal Petition is allowed.
(vide a separate order) _________ CMR, J.
cs