Gangireddy Achi Reddy, vs The State Of Telangana
2021 Latest Caselaw 3550 Tel

Citation : 2021 Latest Caselaw 3550 Tel
Judgement Date : 18 November, 2021

Telangana High Court

Gangireddy Achi Reddy, vs The State Of Telangana on 18 November, 2021

Bench: G Sri Devi

            THE HONOURABLE JUSTICE G. SRI DEVI

                       I.A.Nos.2 and 3 of 2021
                                 and
                        Crl.P.No.6985 of 2019

COMMON ORDER

       The criminal petition is filed under Section 482 Cr.P.C.,

seeking to quash the proceedings in Cr.No.87 of 2019 on the file of

Chilkur Police Station, Suryapet District, registered for the offences

under Sections 307 and 324 IPC, against the petitioner/accused.

2.    I.A.Nos.2 and 3 of 2021 are filed under Sections 320(6) and

320(2) of Cr.P.C., by both parties seeking leave of this Court to

compound the offences and to record compromise as the matter was

settled out of the Court. Along with the affidavits, they filed a joint

memo of compromise stating that at the instance of elders and well-

wishers, they have settled the matter amicably and entered into an

agreement dated 17.06.2020 with regard to the land dispute and

another mutual agreement dated 09.07.2021, and that in view of the

compromise, the 2nd respondent/de-facto complainant has no

objection to quash the proceedings against the accused.

3. Today, when the matter came up for hearing, the 2nd

respondent/de-facto complainant and the petitioner/accused are

present and they are identified by their respective counsel. They

filed xerox copies of their aadhar cards along with the affidavit.

When this Court enquired the parties, the de-facto complainant and

the accused stated that they entered into compromise due to

intervention of the elders.

4. Insofar as the offence under Section 307 IPC, which is non-

compoundable, learned counsel for the petitioner/accused has relied

upon a judgment of the Apex Court in State of Madhya Pradesh v.

Lakshmi Naryan and others1 wherein it was held as under;

"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".

5. In view of the compromise arrived at between the parties and

in view of the judgment of the Apex Court in Lakshmi Narayan's

case, cited supra, though the crime was registered for the offence

under Section 307 IPC, which is non-compoundable, by exercising

power under Section 482 Cr.P.C., I find that it is a fit case to record

compromise between parties and to quash the proceedings against

the petitioner/accused. It is also pertinent to note that both the de-

facto complainant and the accused are senior citizens, aged more

than 65 years.

6. In the result, I.A.Nos.2 and 3 of 2021 are ordered.

Consequently, the Criminal Petition is allowed and the proceedings

in Cr.No.87 of 2019 on the file of Chilkur Police Station, Suryapet