Telangana High Court
Anthoti Shekar vs The State Of Telangana on 19 November, 2021
Bench: G Sri Devi
HONOURABLE JUSTICE G. SRI DEVI
I.A.Nos.1 and 2 of 2021
in/and
CRIMINAL PETITION No.5746 of 2021
ORDER:
This Criminal Petition is filed under
Section 482 Cr.P.C. seeking quashing of proceedings in
S.C.No.70 of 2021 pending on the file of the Assistant
Sessions Judge at Bhongir, Yadadri Bhuvanagiri District,
registered against the petitioner / Accused for the offences
punishable under Sections 307 and 498(A) of I.P.C. and
Sections 3 and 4 of Dowry Prohibition Act.
2. During pendency of the Criminal Petition, I.A.Nos.1 and
2 of 2021 came to be filed by the second respondent seeking
compounding of offences and to record the compromise.
Along with the petitions, a joint memo which is signed by the
parties and their counsel, photographs of the parties and
Photostat copies of their Aadhar Cards came to be filed. It is
stated in the joint memo that the 2nd respondent filed a
complaint against the her husband, which is registered as
Crime No.257 of 2019 before Valigonda Police Station and
thereafter after completion of investigation Police filed charge
sheet and it was numbered as S.C.No.70 of 2021 pending on
the file of the Assistant Sessions Judge at Bhongir, Yadadri
Bhuvanagiri District. During the pendency of the case, both
the petitioner and 2nd respondent at the intervention of
elders, resolved their differences and decided to live together
as husband and wife and at present they are living together
happily as husband and wife without disturbance from any
family.
3. Today, both the parties are present before this Court
and they were identified by their respective counsel. This
Court, when examined, both the parties have stated that at
the instance of the elders, they have settled the matter out of
the Court and the second respondent has no objection for
quashing the proceedings against the petitioner.
4. Insofar as the offence under Section 307 of IPC, which
is non-compoundable, learned counsel for the petitioner 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".
AIR 2019 SC 1296
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 of 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 herein.
6. In the result, I.A.Nos.1 and 2 are ordered.
Consequently, the Criminal Petition is allowed in terms of
compromise, and the proceedings in S.C.No.70 of 2021
pending on the file of the Assistant Sessions Judge at
Bhongir, Yadadri Bhuvanagiri District, are hereby quashed
against the petitioner herein only. However, the petitioner /
husband is directed to deposit an amount of Rs.10,000/-
(Rupees ten thousands only) before Telangana High Court
Advocates Association, Hyderabad, within a period of seven
days from today. Miscellaneous petitions, if any, pending,
shall stand closed.
______________________
JUSTICE G. SRI DEVI
November 19, 2021
PN
HONOURABLE JUSTICE G. SRI DEVI
I.A.Nos.1 and 2 of 2021
in/and
CRIMINAL PETITION No.5746 of 2021
November 19, 2021
PN
