Telangana High Court
Adepu Prashanth vs The State Of Telangana on 22 December, 2023
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
CRIMINAL PETITION No. 11275 of 2023
ORDER:
In this Criminal petition, the petitioner as well as
respondents have filed I.A.Nos.2 & 3 of 2023 for compounding
the offence with the respondent No.2 for recording the
compromise and to quash the proceedings against the
petitioner/accused in Crime No.238/2020, under Sections 307,
448 r/w 34 of IPC on the file of P.S.Pet Basheerabad and to
pass such other or orders in the interest of justice.
2. The matter was referred to the Secretary, Telangana
High Court Legal Services Committee for verification and
identification of the parties. The parties have appeared before
the Committee on 24.11.2023 and a report dated 24.11.2023
was furnished before this Court submitting that the
identification of the parties was established. However, at the
time of recording the compromise, it is noticed that one of the
offences under which the accused is charged is under Section
307 of IPC, which is a non-compoundable offence.
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3. Learned counsel for the petitioner, however,
submitted that there was no intention on the part of the
accused to cause any grievous hurt to the victim i.e., daughter
of the respondent No.2 and therefore, the ingredients of Section
307 of IPC are absent and hence, the case can be considered for
compounding. It is submitted that the daughter of respondent
No.2 is now married and living happily and therefore, there is a
compromise between the respondent No.2 and the petitioner
and therefore, the same should be recorded and the quash
proceedings should be allowed.
4. Learned counsel for the petitioner also placed
reliance upon the judgment of the Delhi High Court in the case
of Kamesh and Others Vs. State of Delhi and Others 1,
wherein the Court observed that where the parties are living in
the same neighbourhood and they know each other for a long
time and Cross-FIRs were registered regarding the same
incident, it means that the injuries were suffered by the accused
side also and both the parties want to bury their past and lead a
happy life without having any grievance against each other and
therefore, the offence under Section 307 of IPC, in such
1 2022/DHC/004202
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circumstances can be compounded. He also placed reliance on
the decision of the High Court of Punjab and Haryana in the
case of Gurpreet Singh and Others Vs. State of Punjab and
Others 2, wherein the High Court has permitted quashing of the
FIR on the basis of compromise by observing that the trial Court
has deleted the Sections 307, 148, 188 of IPC & Section 25 of
the Arms Act.
5. In the case before this Court, it is noticed that the
compromise is in between the accused and the respondent No.2
and statement of victim has not been recorded. Further, as seen
from the contents of the complaint, the incident has not
occurred on the spur of a moment, but the accused had come to
the victim and her family and tried to attack the respondent
No.2 in the market place and subsequently he followed them to
their house, trespassed into the complainant's apartment and
attacked the complainant's daughter with a knife in the parking
area and thereafter, he attacked the complainant also. Further,
it is also noticed that the accused had quarreled with the
complainant at their native place on an earlier occasion and
though the issue was compromised on mutual understanding,
2 CRM-23609-2021 in/and CRM-M-16489-2021
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the accused bore grudge towards the complainant and attacked
them with an intention to kill. Therefore, it appears to be a case
of compromise only to escape the trial under Section 307 of IPC.
6. The correctness or otherwise of such allegations
would only come out during the course of trial. Therefore, this
Court is not inclined to allow the recording of compromise for
the offence under Section 307 of IPC and the quash petition is
dismissed and the petitioner is directed to appear before the
Trial Court to prove his case. The Trial Court is however,
directed to conclude the trial expeditiously, preferably within a
period of Six (6) months from the date of receipt of a copy of this
order.
7. Accordingly, This Criminal Petition is dismissed.
8. Miscellaneous petitions, if any, pending in this
Criminal Petition, shall stand closed.
____________________________
JUSTICE T.MADHAVI DEVI
Date: 22.12.2023
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