The court can quash criminal proceedings and allow the compounding of offences based on a voluntary compromise, as per the principles established by the Hon'ble Supreme Court.

JUDGMENT

Ninala Jayasurya, J. - These applications are filed under Section 320(2) R/w Section 482 Cr.P.C. and Section 320(2) R/w Section 482 Cr.P.C., respectively, seeking permission to record Compromise and Compound the offences to quash the proceedings in P.R.C. No. 128 of 2021 on the learned VII Additional Metropolitan Magistrate, Visakhapatnam, Visakhapatnam District.

2. The 2nd respondent/de facto complainant lodged a complaint against the petitioner/Accused in Cr. No. 525 of 2021 before the Station House Officer, Kancharapalaem Law & Order Police Station, Visakhapatnam City for the offences punishable under Sections 376(2)(n), 417 and 420 of IPC and the said case is now pending before the Trial Court.

3. The petitioner/Accused and the 2nd respondent/de facto complainant are present and they are identified by their respective counsels.

4. 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 petitioner/Accused & 2nd respondent/de facto complainant voluntarily entered into compromise, settled the matter outside the Court due to intervention of elders and well-wishers and that there are no disputes between both the parties.

5. At this juncture, it may be appropriate to refer to the expression of the Hon'ble Supreme Court in Narinder Singh And Another vs. State of Punjab And Another 2014 (6) SCC 466, in the context of quashing an offence under Section 307 of IPC, pursuant to compromise entered into between the parties, 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 peaceful life.

6. Therefore as the compromise is voluntary and in the interest of both the parties, permission is granted to compound the offences. Accordingly, compromise is recorded in terms of the Joint Memo filed along with I.A. No. 3 of 2022 and the applications are ordered.

Crl.P. No. 7034 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 P.R.C. No. 128 of 2021 on the learned VII Additional Metropolitan Magistrate, Visakhapatnam, Visakhapatnam District.

Registry is directed to annex a copy of Joint Compromise Memo to this order.

As a sequel, miscellaneous applications, if any, pending shall stand closed.