HONOURABLE JUSTICE G. SRI DEVI
I.A.Nos.2 and 3 of 2021
in/and
CRIMINAL PETITION No.8288 of 2021
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of proceedings in P.R.C.No.3 of 2018 pending on the file of Addl. Judicial Magistrate of First Class, Asifabad, registered against the petitioners herein / Accused Nos.1, 2, 3, 8, 9 and 7 for the offences punishable under Sections 498-A, 307, 406, 506 and 494 r/w.109 of I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.
2. During pendency of the Criminal Petition, I.A.Nos.2 and 3 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 at the intervention of elders, the parties have resolved their differences and the 2nd respondent has no objection for quashing the proceedings against the petitioners herein.
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3. Today, both the parties are present before this Court and they were identified by their respective counsel. In the Joint Memo filed by both the parties supported by an affidavit, inter alia, stated that the marriage between defacto complainant and petitioner No.1 herein was performed on 12-02-2012 and thereafter some differences were arose between the parties. Both the parties have started living separately since 05-10-2013. Thereafter the 2nd respondent lodged complaint before Police, Rebbena Police Station against the petitioners herein, which was registered as a case in Crime No.73 of 2016 and after completion of investigation Police laid the charge sheet and the same is pending as P.R.C.No.3 of 2018 on the file of Addl. Judicial Magistrate of First Class, Asifabad.
4. During the pendency of the said P.R.C., at the instance of the elders, both the parties have settled the matter out of the Court. In view of the said settlement, the defacto complainant / wife do not want to pursue the case, which is registered against her husband and in-laws. In view of the final settlement between the parties she has received a sum of Rs.1.05 Crores towards full and final settlement, which she was acknowledged to have received and she has also accepted that she cannot claim any amount in future and she will not 3 file any case against the petitioners in future with regard to matrimonial disputes. Accordingly, the parties have prayed to compound the offences and record compromise.
5. Insofar as the offence under Section 307 of IPC, which is non-compoundable, learned counsel for the petitioners 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".
6. 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 1 AIR 2019 SC 1296 4 compromise between parties and to quash the proceedings against the petitioners herein.
7. In the result, I.A.Nos.2 and 3 are ordered. Consequently, the Criminal Petition is allowed in terms of compromise, and the proceedings in P.R.C.No.3 of 2018 pending on the file of Addl. Judicial Magistrate of First Class, Asifabad, are hereby quashed against the petitioners herein only. However, the petitioners are directed to deposit an amount of Rs.25,000/- (Rupees twenty five thousands only) before the High Court Legal Services Committee, Hyderabad and an amount of Rs.25,000/- (Rupees twenty five thousands only) before the Telangana High Court Advocates Association, within a period of one week from today.
8. Miscellaneous petitions, if any, pending, shall stand closed.
______________________ JUSTICE G. SRI DEVI November 19, 2021 PN 5 HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.2 and 3 of 2021 in/and CRIMINAL PETITION No.8288 of 2021 November 19, 2021 PN 6