Andhra Pradesh High Court - Amravati
Telukutla Gopala Venkata Krishna ... vs The State Of Andhra Pradesh on 2 December, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
I.A.Nos.3 and 4 of 2021
In/and
CRIMINAL PETITION No.5256 OF 2021
ORDER :
This Criminal Petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking
quash of the proceedings in S.C.No.195/S/2018 in Crime No281
of 2017, dated 10.11.2017 on the file of Special Court for SC, ST
(POA) Act Cases at Guntur-cum-IV Additional District & Sessions
Judge, Guntur District.
2. Heard learned counsel for the petitioner and the 2nd
respondent- de facto complainant.
3. The petitioner is the sole accused in the above S.C.
No.195/S/2018 on the file of Special Court for SC, ST (POA) Act
Cases at Guntur-cum-IV Additional District & Sessions Judge,
Guntur District. He is facing prosecution for the offence
punishable under Sections 354 (a), 354(D)(i), 506 IPC and Section
3(1)(w)(ii) of SC, ST (POA) Act. After charge sheet is filed in the
trial Court, the present criminal petition under Section 482
Cr.P.C is filed seeking quash of the said proceedings. When the
criminal petition came up for hearing before this Court, the
petitioner has filed I.A.Nos.3 and 4 of 2021 seeking permission to
compound the said offences on the ground that both the de facto
complainant and the petitioner have entered into compromise in
the said case and that the de facto complainant has no objection
to acquit the petitioner/accused in the said crime.
4. Pursuant to the direction of this Court, both de facto
complainant and the petitioner, who is accused in the said case,
are present before the Court today. They are identified by the
Sub-Inspector of Police of Nagarampalem Police Station, who is
present before the Court today.
5. Learned counsel for the petitioner and learned counsel
for the 2nd respondent have also identified the de facto
complainant and the accused.
6. When the de facto complainant is questioned, she has
uninvocably stated that she entered into compromise with the
accused willingly as per her free consent and that there was no
compulsion on her to enter into such compromise.
7. The offences which are registered against the petitioner
are non-compoundable offences. They are not compoundable
either with the permission of the Court or without permission of
the Court as contemplated under Section 320(1) and (2) of Cr.P.C.
However, the Apex Court in the case of Gian Singh v. State of
Punjab1 held that even when the offences are non-compoundable,
when the parties have entered into a compromise, except in
certain offences like murder, rape, dacoity and offences arising
out of special statutes like Prevention of Corruption Act or
offences committed by public servants in their official capacity,
the other offences in criminal cases can be allowed to be
compromised despite the fact that they are non-compoundable
under Section 320 of Cr.P.C and this Court can quash the
proceedings under Section 482 Cr.P.C.
(2012) 10 SCC 303 = AIR 2012 S.C. 838
8. Therefore, considering the dictum laid down in the
aforesaid judgment, even though the offences registered against
the petitioner are non-compoundable offences, having regard to
the fact that both parties have entered into a compromise, as
continuation of proceedings amount to abuse of process of Court,
the same can be quashed under Section 482 Cr.P.C., in
exercising inherent powers of this Court and order for acquittal of
the accused.
9. Therefore, I.A.Nos. 3 and 4 of 2021 which are filed
seeking permission to compound the offence and to record
compromise between the parties are allowed. Consequently, the
Criminal Petition No.5256 of 2021 is allowed, in view of the
compromise entered into by both the parties, quashing all further
proceedings in S.C. No.195/S/2018 on the file of Special Court
for SC, ST (POA) Act Cases at Guntur-cum-IV Additional District
& Sessions Judge, Guntur District.
Miscellaneous petitions, if any pending, shall also stand
disposed of.
________________________________________
CHEEKATI MANAVENDRANATH ROY, J
Date : 02-12-2021
Gvl
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
I.A.Nos.3 and 4 of 2021
In/and
CRIMINAL PETITION No.5256 OF 2021
Date : 02-12-2021
Gvl
