Andhra Pradesh High Court - Amravati
Dontamsetty Sri Bharani vs The State Of Andhra Pradesh on 19 September, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI
HON'BLE SRI JUSTICE NINALA JAYASURYA
I.A.Nos.2 and 3 of 2022 IN/AND CRIMINAL PETITION No.2816 OF 2022
Dontamsetty Sri Bharani and another ... Petitioners
Versus
The State of Andhra Pradesh
Represented by its Public Prosecutor
and Another. ... Respondents
Counsel for the petitioner : Mr.M.D.Nayab Rasool
Counsel for R1 : The Assistant Public Prosecutor
Counsel for R2 : Mr.P.V.N.Kiran Kumar
ORDER:
I.A.Nos.2 and 3 of 2022 For the sake of convenience, the parties are referred to as arrayed in the cause title.
These petitions are filed under Sections 320(2) and 320(6) r/w 482 of Code of Criminal Procedure Code (for short 'Cr.P.C.'), seeking permission to record compromise, compound the offences and to quash the proceedings in Cr.No.3 of 2022 on the file of SHO, Yelamanchili Town Police Station, Visakhapatnam.
The 2nd respondent/de facto complainant lodged a complaint against the petitioners/accused before the Yelamanchili Town Police Station, for the offences punishable under Sections 324, 2 323, 379, 448, 417, 427, 506, 509 r/w 34 of Indian Penal Code(for short 'I.P.C.') and the said crime is now pending.
The petitioners/accused and the 2nd respondent/de facto complainant are present and they are identified by their respective counsels and produced Photostat copies of Aadhar cards to prove their identity.
A joint memo of compromise is filed by both the parties, when terms of joint memo of compromise are explained in Telugu language, they are admitted to be true and correct. It is submitted that the petitioners/accused and the 2 nd respondent-de facto complainant voluntarily entered into compromise, settled the matter outside the Court with the intervention of elders and that there are no disputes between both the parties.
This Court had gone through the complaint lodged pursuant to which the crime is registered as also the affidavit filed along with the compromise petition. Though some of the offences are not compoundable, after going through the contents of complaint, affidavits filed in I.A.Nos.2 and 3 of 2022 and the joint memo enclosing the Memorandum of Understanding, dated 20.08.2022 setting out the terms and conditions, it is deemed appropriate to compound the offence, in the interest of both the parties and continuation of criminal proceedings may effect their future. 3
At this juncture, it may be appropriate to refer to the expression of the Hon'ble Supreme Court in Narinder Singh & Others v. State of Punjab & another1 in the context of quashing an offence under Section 307 of I.P.C., which reads thus:
"(VII) While deciding whether to exercise its power under Section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above........"
The Hon'ble Apex Court also opined that the Court can also be swayed by the fact that settlement between the parties is going result in harmony between them, which may lead to peaceful life. In the present case, the compromise is voluntary and in the interest of both the parties. Therefore permission is granted to compound the 1 2014 (6) SCC 466 4 offence. Accordingly, compromise is recorded in terms of the joint memo filed along with the petition and the petitions are ordered. Crl.P.No.2816 of 2022
In view of the orders passed by this Court in I.A.Nos.2 and 3 of 2022, this Criminal Petition is allowed by quashing the proceedings in F.I.R.No.3 of 2022 on the file of Yelamanchili Police Station, Visakhapatnam District, registered against the petitioners.
Registry is directed to annex a copy of joint compromise memo to this order.
Consequently, miscellaneous applications, pending if any, shall stand closed.
_____________________ NINALA JAYASURYA, J Date : 19-09-2022.
BLV 5 HON'BLE SRI JUSTICE NINALA JAYASURYA I.A.Nos.2 and 3 of 2022 IN/AND CRIMINAL PETITION No.2816 OF 2022 Dt: 19.09.2022 BLV