THE HONOURABLE JUSTICE G. SRI DEVI
I.A.Nos.2 and 3 of 2021
and
Crl.P.No.6985 of 2019
COMMON ORDER
The criminal petition is filed under Section 482 Cr.P.C.,
seeking to quash the proceedings in Cr.No.87 of 2019 on the file of
Chilkur Police Station, Suryapet District, registered for the offences
under Sections 307 and 324 IPC, against the petitioner/accused.
2. I.A.Nos.2 and 3 of 2021 are filed under Sections 320(6) and
320(2) of Cr.P.C., by both parties seeking leave of this Court to
compound the offences and to record compromise as the matter was
settled out of the Court. Along with the affidavits, they filed a joint
memo of compromise stating that at the instance of elders and well-
wishers, they have settled the matter amicably and entered into an
agreement dated 17.06.2020 with regard to the land dispute and
another mutual agreement dated 09.07.2021, and that in view of the
compromise, the 2nd respondent/de-facto complainant has no
objection to quash the proceedings against the accused.
3. Today, when the matter came up for hearing, the 2nd respondent/de-facto complainant and the petitioner/accused are present and they are identified by their respective counsel. They filed xerox copies of their aadhar cards along with the affidavit. When this Court enquired the parties, the de-facto complainant and the accused stated that they entered into compromise due to intervention of the elders.
4. Insofar as the offence under Section 307 IPC, which is non- compoundable, learned counsel for the petitioner/accused has relied 2 upon a judgment of the Apex Court in State of Madhya Pradesh v. Lakshmi Naryan and others1 wherein it was held as under;
"that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non- compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves".
5. In view of the compromise arrived at between the parties and in view of the judgment of the Apex Court in Lakshmi Narayan's case, cited supra, though the crime was registered for the offence under Section 307 IPC, which is non-compoundable, by exercising power under Section 482 Cr.P.C., I find that it is a fit case to record compromise between parties and to quash the proceedings against the petitioner/accused. It is also pertinent to note that both the de- facto complainant and the accused are senior citizens, aged more than 65 years.
6. In the result, I.A.Nos.2 and 3 of 2021 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in Cr.No.87 of 2019 on the file of Chilkur Police Station, Suryapet District, are hereby quashed against the petitioner/accused. However, the petitioner/accused is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) before the Advocates' Association, High Court for the State of Telangana, Hyderabad, within one week from today.
1 AIR 2019 SC 1296 3
7. Miscellaneous petitions, if any pending in the criminal petition, shall stand closed.
_____________ G. SRI DEVI, J 18th November, 2021 sj