Deshaveni Sulochana vs The State Of Telangana
2021 Latest Caselaw 3613 Tel

Citation : 2021 Latest Caselaw 3613 Tel
Judgement Date : 19 November, 2021

Telangana High Court

Deshaveni Sulochana 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.8421 of 2021

ORDER:

This Criminal Petition is filed under

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

Crime No.201 of 2021 on the file of Sub-Divisional Police

Officer, Jagtial (P.S. Raikal), Jagtial District, registered

against the petitioners herein / Accused Nos.1 to 8 for the

offences punishable under Sections 448, 366, 290, 323, 504

and 506 r/w. 34 of I.P.C. and Sections 3 (1)(r)(s) and 3 (2)(va)

of SCs/STs (POA) Amendment Act, 2015.

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 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. 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 petitioners.

4. Insofar as the offences under Sections 3 (1)(r)(s) and

3 (2)(va) of SCs/STs (POA) Amendment Act, 2015, which are

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".

5. In view of the compromise arrived at between the

parties and in view of the judgment of the Apex Court in

AIR 2019 SC 1296

Lakshmi Narayan's case, cited supra, though the crime was

registered for the offence under Sections 3 (1)(r)(s) and 3

(2)(va) of SCs/STs (POA) Amendment Act, 2015, 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

petitioners herein.

6. In the result, I.A.Nos.1 and 2 are ordered.

Consequently, the Criminal Petition is allowed in terms of