Telangana High Court
Jangam Anil Kumar vs The State Of Telangana on 6 February, 2024
THE HON'BLE SMT. JUSTICE K.SUJANA
I.A.Nos.2 and 3 of 2023
in/and
CRIMINAL PETITION No.9947 of 2023
ORDER:
It is submitted by learned counsels appearing for the petitioners as well as the respondent No.2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I.A.Nos.2 and 3 of 2023 have been filed to record the compromise between them and to compound the offences.
2. Vide order dated 07.12.2023, this Court directed the parties along with their respective counsels to appear before the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report.
3. Pursuant to the above said direction issued by this Court, the parties appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted report dated 21.12.2023 and the same is placed on record.
SKS, J 2 Crl.P.No.9947 of 2023
4. Learned counsel for the petitioners would submit that the matter has been settled out of the Court and prayed the Court to record the compromise.
5. On the other hand, learned Public Prosecutor opposed the compromise stating that Section 307 of IPC is non compoundable offence and he also relied upon the judgment of the Hon'ble Supreme Court in Crl.A. No.349 of 2019 wherein in paragraph No.14, it is held as follows....
"Insofar as the present case is concerned, the High Court has quashed the criminal proceedings for the offences under Sections 307 and 34 IPC mechanically and even when the investigation was under progress. Somehow, the accused managed to enter into a compromise with the complainant and sought quashing of the FIR on the basis of a settlement. The allegations are serious in nature. He used the fire arm also in commission of the offence. Therefore, the gravity of the offence and the conduct of the accused is not at all considered by the High Court and solely on the basis of a settlement between the accused and the complainant, the High Court has mechanically quashed the FIR, in exercise of power under Section 482 of the Code, which is not sustainable in the eyes of law. The High Court has also failed to note the antecedents of the accused."
SKS, J 3 Crl.P.No.9947 of 2023
6. Learned counsel for the petitioners further submitted that though it is mentioned in paragraph No.14 that Section 307 of IPC cannot be compounded, in paragraph No.13(iv), it is observed that it would be open to the High Court to examine as to whether incorporation of Section 307 of IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing charge under Section 307 of IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc.,
7. He also relied on the judgment of the Hon'ble High Court of Jammu and Kashmir and Ladakh at Srinagar wherein in paragraph No.18, it is observed that it is crystal clear that the dispute, where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings, if it is known that because of the compromise arrived at between the parties, there is remote possibility of securing conviction of the accused. In fact, in such cases, the SKS, J 4 Crl.P.No.9947 of 2023 Supreme Court has clearly observed that it would amount to extreme injustice, if despite settlement having been arrived at by the parties, the criminal proceedings are allowed to continue.
8. In the present case, the dispute is in between the wife and husband and there are no serious allegations to attract Section 307 of IPC. Both the parties have amicably settled the disputes between themselves.
9. Considering the observation of the Judgment of the Hon'ble Supreme Court in paragraph No.13(iv) and also judgment of the Hon'ble High Court of Jammu and Kashmir and Ladakh at Srinagar in paragraph No.14, I.A.Nos.2 and 3 of 2023 are allowed. Consequently, this Criminal Petition is allowed and the proceedings in F.I.R. No.144 of 2023 on the file of the Warangal Women Police Station, Warangal against the petitioners/A1 to A4 are hereby quashed subject to the petitioners paying an amount of Rs.5,000/- (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No.52188926279, State Bank of India, SKS, J 5 Crl.P.No.9947 of 2023 Shantinagar Branch (20070), IFSC Code :SBIN0020070, MICR No.500004057) and Rs.5,000/- (Rupees Five Thousand Only) to the Telangana High Court Advocates Association, Hyderabad, within a period of two (02) weeks from today and file proof of the same before the Registry.
Miscellaneous applications, if any pending, shall stand closed.
____________________ JUSTICE K.SUJANA Date: 06.02.2024 NOTE: Registry is directed to upload/supply certified copy of the order only after payment of above said amount. Bw/LPD SKS, J 6 Crl.P.No.9947 of 2023 260 THE HON'BLE SMT. JUSTICE K.SUJANA I.A.Nos.2 and 3 of 2023 in/and CRIMINAL PETITION No.9947 of 2023 Date: 06.02.2024 NOTE: Registry is directed to upload/supply certified copy of the order only after payment of above said amount. Bw/LPD