Naveen Kumar V Allabhaneni v. State of Andhra Pradesh
2022-01-17
CHEEKATI MANAVENDRANATH ROY
body2022
DigiLaw.ai
JUDGMENT Cheekati Manavendranath Roy, J. - This criminal petition under Section 482 of Cr.P.C is filed seeking quash of proceedings in P.R.C. No.6 of 2020 on the file of the VII additional Judicial Magistrate of First Class, Rajamahendravaram of East Godavari district. 2. Heard learned counsel for the petitioners and the learned additional Public Prosecutor for the State. 3. The petitioners are accused 1 to 3 in P.R.C. No.6 of 2020 on the file of the learned VII additional Judicial Magistrate of First Class, Rajamahendravaram. Charge-sheet has been filed against the petitioners for the offences punishable under Sections 498-a, 506 and 313 read with Section 34 of IPC and under Sections 3 and 4 of Dowry Prohibition act, 1961. The said case is now at the committal stage in the committal Court. 4. While so, the petitioners have filed I.a.No.1/2021 along with the de facto complainant seeking permission of the Court to compound the offences in view of the compromise entered into by both the parties. They have also filed I.a. No.2/2021 to record the said compromise and quash the proceedings in P.R.C. No.6 of 2020 on the file of the learned VII additional Judicial Magistrate of First Class, Rajamahendravaram, in view of the above compromise entered into between both the parties. 5. Both the de facto complainant and accused 1 to 3 are present before this Court. They are identified by the Station House Officer of Dowlaiswaram Police Station, who is present in the Court today. 6. The de facto complainant has unequivocally stated that she has entered into a compromise with the petitioners who are accused 1 to 3 and that her marriage with accused No.1 was also dissolved by way of a decree of divorce passed in O.P.No.103 of 2020 on the file of Principal Senior Civil Judge, Rajamahendravaram, on a petition filed by them under Section 13-B of the Hindu Marriage act, 1955. a copy of the said order is also placed on record. She also stated that she has voluntarily entered into a compromise with the petitioners herein and that she is not interested to prosecute them in view of the said compromise and that she has no objection to quash the proceedings against them in the above P.R.C. No.6 of 2020. 7.
She also stated that she has voluntarily entered into a compromise with the petitioners herein and that she is not interested to prosecute them in view of the said compromise and that she has no objection to quash the proceedings against them in the above P.R.C. No.6 of 2020. 7. Therefore, in view of the compromise entered into between both the parties and as they intend to compound the offences, I.a.Nos.1 and 2 of 2021 are allowed permitting the petitioners to compound the said offences. 8. although the offence under Section 313 of IPC is a non-compoundable offence and it is not enumerated in the list of offences which are compoundable under Section 320 of Cr.P.C., as per the dictum laid down by the apex Court in the case of Gian Singh v. State of Punjab (2012) 10 SCC 303 , even in cases which are non-compoundable, when the parties have entered into a compromise and when the de facto complainant is not interested in pursuing the prosecution of the accused this Court, in exercise of its inherent powers under Section 482 of Cr.P.C., can entertain the said request for compounding the offences and quash the proceedings against the accused except in cases like murder, rape, dacoity and offences where public servants are involved and in cases arising out of corruption laws. This case is not falling within the said exceptional cases. 9. Therefore, in view of the aforesaid discussion, the criminal petition is allowed in view of the compromise entered into between both the parties, the proceedings in P.R.C. No.6 of 2020 on the file of the VII additional Judicial Magistrate of First Class, Rajamahendravaram, against the petitioners are hereby quashed.