Kurasam Narasimha Rao, vs The State Of Andhra Pradesh
2021 Latest Caselaw 4241 AP

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           HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                      MAIN CASE No: Crl. P. No.4558 of 2021
                                PROCEEDINGS SHEET
Sl.                                              ORDER                               OFFICE
                                                                                      NOTE
No.     DATE

3)    25.10.2021   CMR, J.

I.A.Nos.2 & 3 of 2021

The petitioners in Crl.P.No.4558 of 2021 are the

accused in C.C.No.269 of 2013 on the file of the

Judicial Magistrate of First Class, Chintalapudi, West

Godavari District. They were prosecuted for the

offences punishable under Sections 342, 324, 323,

506 r/w.34 of IPC. Eventually, they were found guilty

for the aforesaid offences and they were convicted and

sentenced to undergo simple imprisonment for a

period of six months and to pay a fine of Rs.500/-, in

default, to suffer simple imprisonment for a period of

one week, each, for the offences punishable under

Sections 324 and 506 r/w.34 of IPC each; they were

also convicted and sentenced to undergo simple

imprisonment for a period of four months and to pay a

fine of Rs.200/-, in default, to suffer simple

imprisonment for a period of one week for the offence

punishable under Section 342 r/w.34 of IPC each; and

they were further convicted and sentenced to pay a

fine of Rs.1000/-, in default, to suffer simple

imprisonment for a period of one week each for the

offence punishable under Section 323 of IPC.

Aggrieved by the said judgment of conviction and

sentence, they have preferred an appeal in Criminal

Appeal No.18 of 2018 on the file of the Principal

Sl. ORDER OFFICE NOTE No. DATE

District and Sessions Judge, Eluru, West Godavari

District. The said appeal is pending hearing before

the appellate Court.

While the said appeal is pending hearing, they

have filed the main Criminal Petition No.4558 of 2021

under Section 482 Cr.P.C. seeking quash of the said

criminal prosecution launched against them on the

ground that both the parties have entered into a

compromise and the injured also have no objection to

quash the proceedings against them. To that effect

they have also filed a joint memo in I.A.No.3 of 2021

and they have also filed a petition in I.A.No.2 of 2021

seeking permission of this Court to compound the said

offences.

The offence under Section 324 of IPC is a non-

compoundable offence. Therefore, they are before this

Court by way of filing a petition under Section 482

Cr.P.C. Learned counsel for the petitioners relied on

the judgment of the Supreme Court rendered in the

case of Ramgopal v. State of Madhya Pradesh1,

wherein the Supreme Court held that in appropriate

cases the High Court under Section 482 Cr.P.C. and

the Supreme Court under Article 142 of the

Constitution of India can quash the criminal

proceedings even when the appeals are pending

relating to the said criminal cases.

     (2021 SCC Online SC 834)


Sl.                                      ORDER                            OFFICE
                                                                           NOTE
No.   DATE

The legal position is made clear in the aforesaid

judgment that even after the accused were convicted

and when the appeals are pending and when both the

parties have entered into compromise that the High

Court, in exercise of its inherent power under Section

482 Cr.P.C., can set aside the conviction.

The de facto complainant and the other injured in

this case are present before this Court. They have

categorically and unequivocally stated before this

Court that they have entered into a compromise with

the accused, who are accused Nos.1 to 7, and that

they have absolutely no objection to set aside the

conviction imposed against them and acquit them of

the said offences. They have also filed a joint memo to

that effect.

The de facto complainant has identified the

petitioners in main Crl.P.No.4558 of 2021 as accused

Nos.1 to 7 in the said case. The Sub-Inspector of

Police, T.Narasapuram Police Station, West Godavari

District, is also present and he has also identified the

petitioners, who are present in the Court, as accused

in the said case.

Therefore, in view of the aforesaid joint memo

filed by both the parties and also the representation

made in the open Court by the de facto complainant

and the injured, and considering the law laid down in

the aforesaid judgment of the Supreme Court,

Sl. ORDER OFFICE NOTE No. DATE

permission is accorded to both the parties to

compound the offence.

Therefore, both these Interlocutory Applications

are allowed accordingly.

_________ CMR, J.

Crl.P.No.4558 of 2021 The Criminal Petition is allowed.

(vide a separate order)

_________ CMR, J.

cs