Koneru Nagasadul Shashanka ... vs State Of Telangana, And Another
2021 Latest Caselaw 3612 Tel

Citation : 2021 Latest Caselaw 3612 Tel
Judgement Date : 19 November, 2021

Telangana High Court

Koneru Nagasadul Shashanka ... vs State Of Telangana, And Another on 19 November, 2021

Bench: G Sri Devi

            HONOURABLE JUSTICE G. SRI DEVI

                  I.A.Nos.2 and 3 of 2021
                          in/and
            CRIMINAL PETITION No.8288 of 2021

ORDER:

This Criminal Petition is filed under

Section 482 Cr.P.C. seeking quashing of proceedings in

P.R.C.No.3 of 2018 pending on the file of Addl. Judicial

Magistrate of First Class, Asifabad, registered against the

petitioners herein / Accused Nos.1, 2, 3, 8, 9 and 7 for the

offences punishable under Sections 498-A, 307, 406, 506 and

494 r/w.109 of I.P.C. and Sections 3 and 4 of Dowry

Prohibition Act.

2. During pendency of the Criminal Petition, I.A.Nos.2 and

3 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 at the intervention of elders, the

parties have resolved their differences and the 2nd respondent

has no objection for quashing the proceedings against the

petitioners herein.

3. Today, both the parties are present before this Court

and they were identified by their respective counsel. In the

Joint Memo filed by both the parties supported by an

affidavit, inter alia, stated that the marriage between defacto

complainant and petitioner No.1 herein was performed on

12-02-2012 and thereafter some differences were arose

between the parties. Both the parties have started living

separately since 05-10-2013. Thereafter the 2nd respondent

lodged complaint before Police, Rebbena Police Station

against the petitioners herein, which was registered as a case

in Crime No.73 of 2016 and after completion of investigation

Police laid the charge sheet and the same is pending as

P.R.C.No.3 of 2018 on the file of Addl. Judicial Magistrate of

First Class, Asifabad.

4. During the pendency of the said P.R.C., at the instance

of the elders, both the parties have settled the matter out of

the Court. In view of the said settlement, the defacto

complainant / wife do not want to pursue the case, which is

registered against her husband and in-laws. In view of the

final settlement between the parties she has received a sum of

Rs.1.05 Crores towards full and final settlement, which she

was acknowledged to have received and she has also accepted

that she cannot claim any amount in future and she will not

file any case against the petitioners in future with regard to

matrimonial disputes. Accordingly, the parties have prayed to

compound the offences and record compromise.

5. Insofar as the offence under Section 307 of IPC, which

is non-compoundable, learned counsel for the petitioners 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".

6. 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

AIR 2019 SC 1296

compromise between parties and to quash the proceedings

against the petitioners herein.

7. In the result, I.A.Nos.2 and 3 are ordered.

Consequently, the Criminal Petition is allowed in terms of

compromise, and the proceedings in P.R.C.No.3 of 2018