IMPORTANT POINT
Offence can be compounded and quashed where chances of conviction are bleak and remote.

ORDER (COMMON)

Criminal Petition No.220 of 2024 under Section 482 of the Code of Criminal Procedure, 1973, (‘the CrPC’) is filed seeking to quash the proceedings against the petitioner/accused in Crime No.219 of 2023 on the file of Muvvala-vanipalem police station, Visakhapatnam District.

2. I.A.No.2 of 2023 is filed to permit the petitioner/respondent No.2 in the criminal petition to compound the offence under Sections 354-D and 506 IPC.

3. I.A.No.3 of 2023 is filed under Sections 320(2) and Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to record the compromise and quash the proceedings against the petitioner/accused in Crime No.219 of 2023 of Muvvalavanipalem police station, Visakhapatnam District, registered for the offence punishable under Sections 354-D and 506 IPC.

4. The case of the prosecution, briefly stated, is that the complainant, Ponnapalli Rajani, is working as Senior Associate, State Bank of India, Visakhapatnam. She got married on 19.12.2010 with Sarvepalli Radha Krishna and they were blessed with two children. The petitioner/accused who is working in the same branch used to harass the complainant. During Covid-19 pandemic, when the complainant was on leave, the petitioner/ accused obtained two empty cheques with a promise that he will withdraw the amount and handover the same to her. Thereafter, he failed to handover the amount to the complainant. Further, on 14.05.2023, he went to the house of the complainant, attacked and threatened her with dire consequences. On the basis of the complaint, a case in Crime No.219 of 2023 for the offences punishable under Sections 354-D and 506 IPC was registered by Muvvalavanipalem police. Aggrieved by the same, the present criminal petition has been filed.

5. Pending the proceedings in the main petition before this Court, I.A.Nos.2 & 3 of 2023 were filed under Sections 320(6) and 320(2) CrPC and 482 CrPC by the complainant stating both the parties have settled the dispute amicably out of the Court at the intervention of their elders and well wishers. In view of the settlement arrived between both the parties, they sought permission to compound the offence and to record the compromise and consequently to quash the proceedings in Crime No.219 of 2023 of Muvvalavanipalem police station, Visakhapatnam District.

6. On 24.01.2024, when the matter came up for consideration, the petitioner/accused and the 2nd respondent/complainant were present before this Court. They produced copies of their identity proof. They were also identified by their respective counsels. Both of them stated that they have voluntarily entered into compromise. The 2nd respondent expressed her willingness for quashing the crime. However, since the learned Assistant Public Prosecutor did not receive instructions, he could not instruct the police to attend before this Court for the purpose of identifying the de facto complainant; the matter is adjourned to 02.02.2024 to enable the learned Assistant Public Prosecutor to report regarding the settlement arrived between the parties.

7. Today, i.e., 07.02.2024, the learned Assistant Public Prosecutor placed on record the letter, dated 07.02.2024, of the Station House Officer, M.V.P Police Station, Visakhapatnam city, addressed to the Public Prosecutor, enclosing the consent letter of the complainant. In the said consent letter, it is stated by the complainant that both the complainant and the accused came to an amicable understanding before their elders and they are going to compromise the dispute in the petition pending before this Court.

8. The terms of compromise were reduced into writing in the form of a joint memorandum of compromise, which is signed by the parties and their counsels. The contents of the joint memo read as follows:—

“(1) It is submitted that basing on the complaint given by the 2nd respondent, the Police Muvvalavanipalem registered a case in FIR No.219 of 2023 for the offence under Sections 354-D and 506 IPC.

(2) It is su