V. SRINIVAS
Lingamsetti Babu Rao – Appellant
Versus
State Of Ap Rep By Its Pp Hyd – Respondent
ORDER :
Assailing the judgment dated 03.06.2008 in Crl.A.No.151 of 2006 on the file of the Court of learned IV Additional Sessions Judge, East Godavari at Kakinada, confirming the conviction and sentence imposed against petitioner/accused by the judgment dated 26.06.2006 in S.C.No.126 of 2006 on the file of the Court of learned II Additional Assistant Sessions Judge at Kakinada, for the offence under section 498(A) of Indian Penal Code (hereinafter referred to as “IPC”), the petitioner/accused filed the present criminal revision case under Section 397 r/w.401 of the Criminal Procedure Code, 1973.
2. The revision case was admitted on 06.06.2008 and the sentence of imprisonment imposed against the petitioner/accused was suspended, vide orders in Crl.R.C.M.P.No.1062 of 2008.
3. Pending criminal revision case, I.A.Nos.4 and 6 of 2023 were filed by the petitioner and respondent Nos.2 and 3/P.Ws.4 and 3 to record the compromise and permit them to compound the offence under Section 498-A of IPC.
4. Today, the petitioner by name Lingamsetti Baburao as well his sons by name L.Durga Prasanna and L.Manikanta and respondent Nos.2 and 3 herein by name Gandham Bhavani/P.W.4 and Laisetti Chandra Sekh
The court established that compromises in cases of a personal nature can lead to quashing of convictions under IPC 498(A) if it serves the ends of justice.
The court established that compromises in non-heinous offenses can lead to quashing of convictions under inherent powers, emphasizing justice and the nature of the offense.
The court established that inherent powers under Section 482 CrPC can be exercised to quash criminal proceedings in cases of private disputes that have been amicably settled.
The court established that inherent powers can be exercised to quash proceedings in settled disputes, emphasizing discretion and the need to prevent injustice.
The court can exercise its inherent power under Section 482 of Cr.P.C. to quash criminal proceedings for non-compoundable offences having overwhelmingly civil character, particularly those arising ou....
The main legal point established is that revision lies against the order of conviction affirmed in appeal, and settlement of dispute by way of compromise does not warrant the exercise of inherent jur....
Court's inherent power permits quashing of non-compoundable charges upon mutual settlement under S.498A IPC.
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