HONOURABLE JUSTICE G. SRI DEVI
I.A.Nos.1 and 2 of 2021
in/and
CRIMINAL PETITION No.5746 of 2021
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of proceedings in S.C.No.70 of 2021 pending on the file of the Assistant Sessions Judge at Bhongir, Yadadri Bhuvanagiri District, registered against the petitioner / Accused for the offences punishable under Sections 307 and 498(A) of I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.
2. During pendency of the Criminal Petition, I.A.Nos.1 and 2 of 2021 came to be filed by the second respondent seeking compounding of offences and to record the compromise. Along with the petitions, a joint memo which is signed by the parties and their counsel, photographs of the parties and Photostat copies of their Aadhar Cards came to be filed. It is stated in the joint memo that the 2nd respondent filed a complaint against the her husband, which is registered as Crime No.257 of 2019 before Valigonda Police Station and thereafter after completion of investigation Police filed charge sheet and it was numbered as S.C.No.70 of 2021 pending on the file of the Assistant Sessions Judge at Bhongir, Yadadri 2 Bhuvanagiri District. During the pendency of the case, both the petitioner and 2nd respondent at the intervention of elders, resolved their differences and decided to live together as husband and wife and at present they are living together happily as husband and wife without disturbance from any family.
3. Today, both the parties are present before this Court and they were identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the second respondent has no objection for quashing the proceedings against the petitioner.
4. Insofar as the offence under Section 307 of IPC, which is non-compoundable, learned counsel for the petitioner has relied 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".1
AIR 2019 SC 1296 3
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 of 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 herein.
6. In the result, I.A.Nos.1 and 2 are ordered. Consequently, the Criminal Petition is allowed in terms of compromise, and the proceedings in S.C.No.70 of 2021 pending on the file of the Assistant Sessions Judge at Bhongir, Yadadri Bhuvanagiri District, are hereby quashed against the petitioner herein only. However, the petitioner / husband is directed to deposit an amount of Rs.10,000/- (Rupees ten thousands only) before Telangana High Court Advocates Association, Hyderabad, within a period of seven days from today. Miscellaneous petitions, if any, pending, shall stand closed.
______________________ JUSTICE G. SRI DEVI November 19, 2021 PN 4 HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.1 and 2 of 2021 in/and CRIMINAL PETITION No.5746 of 2021 November 19, 2021 PN