Mogarala Prasad vs The State Of Andhra Pradesh
2022 Latest Caselaw 9848 AP

            THE HONOURABLE SRI JUSTICE D.RAMESH

              CRIMINAL PETITION NO.7420 OF 2021

ORDER:-

      This Criminal Petition is filed under Section 482 Cr.P.C.

seeking to quash the proceedings in C.C.No.318 of 2015 on the

file of the Judicial Magistrate of First Class, Naidupeta, SPSR

District,   and     to   set    aside    the    conviction     and   sentence

imposed against them in the said vide judgment dated 06.03.2018,

in view of the compromise entered into by both the parties

2.    Heard       learned      counsel   for    the   petitioners,    learned

Additional Public Prosecutor for the 1st respondent-State and

learned counsel appearing for the respondents 2 and 3/victims.

3. The petitioners are accused Nos.1 to 5 in C.C.No.318 of

2015 on the file of the Judicial Magistrate of First Class,

Naidupeta, SPSR Nellore. They were tried for the

offences punishable under Sections 452, 427, 323, 290, 506 r/w

34 IPC. Eventually, they were found guilty for the aforesaid

offences and they were convicted as follows:- sentenced to undergo

simple imprisonment for a period of two years and also to pay a

fine of Rs.5000/- each in default of fine amount to suffer simple

imprisonment for a period of six months for the offence under

section 452 of IPC; sentenced to go to simple imprisonment for a

period of six months and shall to pay a fine of Rs.3000/- each in

default of fine amount to suffer simple imprisonment for a period

of one month for the offence under section 427 of IPC; sentenced

to go to simple imprisonment for a period of six months and shall

to pay a fine of Rs.1000/- each in default of fine amount to suffer

simple imprisonment for a period of one month for the offence

under section 323 of IPC; sentenced to pay a fine of Rs.200/- each

in default of fine amount to suffer simple imprisonment for a

period of ten days for the offence punishable under section 290 of

IPC; further sentenced to go simple imprisonment for a period of

six months and shall to pay a fine of Rs.5000/- each in default of

payment of fine amount suffer simple imprisonment for three

months for the offence under section 506 IPC. All the punishments

shall run concurrently.

4. Aggrieved by the said judgment of conviction and

sentence, they have preferred an appeal in Criminal Appeal No.146

of 2018 on the file of the Principal District and Sessions Judge,

Nellore, SPSR Nellore District and it was made over to the learned

VII Additional District and Sessions Judge's Court, Gudur, SPSR

Nellore District and the same is pending.

5. During the pendency of the said appeal, both the parties

have entered into a compromise. They have also filed a joint

memo to that effect. They have also filed a petition in I.A.No.2 of

2021 seeking permission of this Court to compound the offences

in view of the said compromise. The said petitions in I.A.Nos.2

and 3 of 2021 are allowed by this Court today.

6. Since the offences under Sections 290, 452 of IPC are non-

compoundable offences, learned counsel for the petitioners relied

on the judgment of the Supreme Court rendered in the case of

Ramgopal v. State of Madhya Pradesh1. As per the law

enunciated in the said judgment, the High Court in exercise of its

inherent power under Section 482 Cr.P.C. can quash the criminal

(2021 SCC Online SC 834)

proceedings even when the appeals are pending relating to the

said criminal cases and set aside the conviction in view of the

compromise entered into by both the parties in appropriate

cases.

7. Therefore, as the petitioners in this case have entered

into a compromise and as the injured/victims also came forward

to compound the offence, this Court is inclined to entertain the

said compromise and quash the proceedings in exercise of its

inherent power under Section 482 Cr.P.C.

8. Resultantly, the Criminal Petition is allowed and the

criminal proceedings initiated against the petitioners are hereby

quashed and consequently, the conviction recorded against the

petitioners is also hereby set aside. The petitioners shall be set at

liberty forthwith, if they are not required in any other case.

Consequently, miscellaneous applications pending, if any,

shall stand closed.

_____________________ JUSTICE D.RAMESH Date :24.12.2021

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THE HONOURABLE SRI JUSTICE D.RAMESH

CRIMINAL PETITION No.7420 of 2021

28.12.2021

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