Telangana High Court

Shaik Khallam Kaleemuddin vs The State Of Telangana on 29 April, 2021

Bench: K.Lakshman

               HON'BLE SRI JUSTICE K. LAKSHMAN

               CRIMINAL PETITION No.3046 OF 2021
               ALONG WITH I.A.Nos.1 AND 2 OF 2021

COMMON ORDER:

         The present Criminal Petition is filed under Section - 482 of the

Code of Criminal Procedure, 1973 (for short 'Code'') to quash the

proceedings in Crime No.58 of 2019 of Basheerabad Police Station,

Vikarabad District. The petitioner No.1 herein is sole accused in the

said crime and petitioner No.2 herein is victim girl. The offences

alleged against him are under Sections - 363 and 366-A of IPC and

Section - 8 of the Protection of Children from Sexual Offences Act,

2012 (for short 'Act, 2012').


         2. I.A. Nos.1 and 2 of 2021 are filed by respondent No.2 - de

facto complainant seeking to permit her to enter into compromise and

to compound the offences against the accused by recording

compromise and quash the proceedings in the aforesaid crime against

the accused.

3. Heard Mr. Bajrang Singh Thakur, learned counsel for the

petitioners - accused and victim and Mr. Shailender Singh, learned

counsel for respondent No.2 - de facto complainant, and also learned

Assistant Public Prosecutor appearing on behalf of respondent No.1 -

State.

KL,J Crl.P. No.3046 of 2021

4. The learned counsel for the petitioners - accused and victim

would submit that after lodging the complaint with the police and

after registration of crime against the accused, the petitioner as well as

victim and respondent No.2 have come forward to settle the matter

amicably at the instance of elders and well-wishers and accordingly

they filed a joint memo before this Court to permit them to enter into

compromise and to compound the offences and quash the

proceedings. As per the contents of the affidavit filed by respondent

No.2 as well as the joint memo, the accused and victim fell in love

and accordingly they married and blessed with a male child and living

together. Without knowing the love affair between the accused and

the victim, respondent No.2 lodged a complaint with the police and

after knowing the fact that there was no fault on the part of the

accused, she decided to withdraw the complaint. Even, statement of

the victim was recorded under Section - 164 of Cr.P.C. wherein she

has categorically stated about the love affair and their marriage etc. In

view of the same, he requested to compound the offence and quash

the proceedings against the petitioner - accused.

5. The learned counsel for respondent No.2 - de facto

complainant has given consent for compounding the offences and for

quashing the proceedings against the petitioner - accused.

6. The contents of the complaint lodged by respondent No.2 -

de facto complainant would reveal that she is mother of victim. As on

the date of complaint, dated 22.05.2019, the victim was minor aged KL,J Crl.P. No.3046 of 2021

about 16 years and just completed 10th class. Since summer holidays,

the victim was in the house while her mother went to labour work.

After attending the work, when she came back to home, she noticed

that the victim was not in the house. After thorough search, she came

to know that the accused eloped her younger daughter - victim. Then,

she approached the police and lodged a complaint against him. The

police on receipt of the complaint from respondent No.2 herein,

registered a case against the accused for the aforesaid offences.

7. While the investigation is pending, the accused and the

victim, who fell in love, married and living together. Out of their

wedlock, they blessed with a male child. Since they are leading their

matrimonial life, the de facto complainant has decided to withdraw

the complaint and accordingly all the parties arrived at a settlement

and entered into compromise. Pursuant to the same, respondent No.2

filed I.A. Nos.1 and 2 of 2021 seeking to permit her to enter into

compromise and to compound the offense against the accused by

quashing the proceedings. Even, in the statement of the victim

recorded under Section - 164 of Cr.P.C. she has categorically stated

that herself and the accused married and leading matrimonial life and

there was no force from anybody. However, that will not make a

ground to quash the proceedings for the reason that there is a specific

allegation that the accused lured the victim, who was then minor and

accordingly both of them eloped to marry. Thus, the accused has KL,J Crl.P. No.3046 of 2021

committed an offence against a minor girl which is serious in nature

and will have impact on the society.

8. Though the learned counsel for the petitioner - accused

relied on the judgment of the Apex Court in Ananda D.V. v. State1,

the same is not helpful to him for the reason that there is no mention

about the offences alleged against the accused therein. Moreover, the

parameters laid down by a Three-Judge Bench of Apex Court in

Laxmi Narayan1 were not considered.

9. In view of the above, prima facie, there are specific

allegations made against the accused which are serious in nature. As

on the date of incident, the victim was studying 10th Class and minor.

In this regard, it is relevant to mention the parameters laid down by

the Apex Court in the State of Madhya Pradesh v. Laxmi Narayan2

which are as under:

"i) 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;

. Crl.Appeal Nos.000394-000395 of 2021, decided on 12.04.2021

2019 (5) SCC 403 KL,J Crl.P. No.3046 of 2021

ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society;

iii) x x x x;

iv) x x x x;

v) while exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc."

10. In view of the above discussion and also considering the

parameters laid down by the Apex Court in Laxmi Narayan1 and also

considering the fact that the offences alleged against the accused are

the offences against minor girl which will have impact on the society,

this Court is not inclined to quash the proceedings in the aforesaid

crime merely on the ground that the parties have entered into

compromise.

KL,J Crl.P. No.3046 of 2021

11. Accordingly, I.A. Nos.1 and 2 of 2020 are dismissed and

consequently the Criminal Petition is also dismissed. However, the

Investigating Officer is directed to complete the investigation as

expeditiously as possible.