SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2013 Supreme(AP) 1224

IN THE HIGH COURT OF ANDHRA PRADESH AT HYDERABAD
C. Praveen Kumar, J.
K. Venkata Rama Rao - Appellants
Vs.
A. Srinivasa Rao and Ors. - Respondent
Crl. P.M.P. No. 13178 of 2013 and Crl. P. No. 14695 of 2013
Decided On: 07.10.2013

Advocates Appeared:
For Appellant/Petitioner/Plaintiff:T.M.K. Chaitanya, Advocate
For Respondents/Defendant:A. Eshwar, Advocate

Headnote:

Indian Penal Code, 1860 - Section 307 – Attempt to murder - Criminal Procedure Code, 1973 - Section 482 - Criminal petition is filed by the petitioner-accused seeking to record compromise and quash proceedings in petitioner counsel for respondent/informant and Additional Public Prosecutor for respondent-State - A charge sheet came to be filed against accused for an offence punishable - Statement of respondent/informant was recorded by Sub Inspector of Police Station while he was taking treatment in male burns Ward at Gandhi Hospital said statement discloses that respondent was residing in a house bearing behind police station along with other roommates - On about p.m there was a quarrel between respondent and one his roommate in connection with throwing out dust from room – Held, Accused would definitely prefer an appeal against said conviction and also against order of awarding compensation - It appears that respondent herein cannot wait till then - Money is need of hour for him as he has to continue taking treatment for partial disfiguration of his face - Further even if trial is allowed to go on possibility of accused getting convicted is remote and bleak since victim who has received substantial amount will not support prosecution case - Hence this Court is of opinion that though offence punishable IPC is not compoundable and incident in present case being a ghastly one but in view of case ends of justice would be met if victim is permitted to compound offence with accused - Petition allowed (Para 14)

ORDER

C. Praveen Kumar, J.

1. This Criminal petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed by the petitioner-accused seeking to record the compromise and quash the proceedings in P.R.C. No. 42 of 2012 on the file of the XVII Additional Chief Metropolitan Court at Nampalli. Heard the learned counsel for the petitioner, the learned counsel for the 1st respondent/informant and the learned Additional Public Prosecutor for the 2nd respondent-State.

2. A charge sheet came to be filed against the accused for an offence punishable under Section 307 of Indian Penal Code, 1860 (for short 'IPC). The case of the prosecution is as follows:

"On 13-2-2012 at about 8.30 a.m. the statement of the 1st respondent/informant was recorded by the Sub Inspector of Police, Musheerabad police Station while he was taking treatment in male burns Ward at Gandhi Hospital, Secunderabad. The said statement discloses that the 1st respondent was residing in a house bearing D. No. 1-5-34 behind the police station, Musheerabad along with other roommates. On 11-2-2012 at about 7.30 p.m. there was a quarrel between the 1st respondent and one K. Venkata Rama Rao, his roommate, in connection with throwing out the dust from the room. In the said quarrel, both of them pushed each other and the K. Venkata Rama Rao, the petitioner herein, is alleged to have received an injury to his eye. Keeping this in mind, on the intervening night of 12/13-2-2012 at about 3.00 a.m. when the other roommates were sleeping, the petitioner is alleged to have poured boiled oil on the face of the 1st respondent. As a result of which the informant received burn injuries on his face, chest and shoulders. One Rajkumar who was sleeping by the side of the 1st respondent also received injuries, Basing on the statement of the injured, the above case came to be registered against the petitioner."

3. Along with the present Criminal Petitioner, the informant filed Crl. M.P.(SR) No. 34189 of 2013 along with a joint memorandum signed by the petitioner and 1st respondent seeking permission of the Court to compound the offence. Both the parties were present in the Court on 19-9-2013. When examined, the 1st respondent stated that he has settled the matter with the petitioner and has no objection for quashing the proceedings against the petitioner. When questioned as to why he wants to compromise the matter is spite of receiving burn injuries on the face which almost led to disfiguration of the face, the 1st respondent stated that he comes from a very poor family and that the petitioner has paid substantial amount towards his treatment and also for the future treatment which he has to take. He pleads that if any order is passed adverse to the petitioner, he will not be in a position to pay back the money received and it would be difficult for him to raise money for his future treatment. Both the petitioner as well as the 1st respondent are students and the 1st respondent was pursuing his 3rd year M.C.A. course by the time of the incident. The affidavit filed in support of the application would also disclose that there was a quarrel between the 1st respondent and the accused in which the petitioner received an injury near his eye. Thereafter, on the intervening night of 12/13-2-2012 the petitioner is alleged to have boiled oil in a vessel and poured the same on the face of the 1st respondent. The affidavit discloses that at the instance of elders and well wishers, both the sides have settled the dispute out of Court and that the compromise was arrived at without any coercion from any quarters. In fact, both of them seem to have approached the police requesting them to close the matter keeping in view their future. But the police expressed their inability stating that they have no jurisdiction to close the case.

4. Before proceeding further in this case, it would be appropriate to refer to certain cases dealing with the compounding of offences in non compoundab


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top