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2023 Supreme(Online)(TEL) 10041

HIGH COURT FOR STATE OF TELANGANA
K.SURENDER, J
Singham Kondal and 2 others – Appellant
Versus
The State – Respondent
CRLP/9190/2022



Offences under Sections 498-A, 323 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act can be compounded with the permission of the court.

Headnote:

COMPOUNDING OF OFFENCES - SECTION 320 CRPC - SECTION 498A IPC - SECTION 3 & 4 DOWRY PROHIBITION ACT - PARTIES COMPROMISED THE MATTER - PROCEEDINGS QUASHED - COURT ANALYSIS AND CONCLUSION - The court, after examining the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, and the joint memo of compromise filed by the parties, allowed the petition and quashed the proceedings against the petitioners. The court also directed the petitioners to pay an amount of Rs.10,000/- to the Director, Sainik Welfare, Hyderabad.

Fact of the Case:

The petitioners were accused of offences under Sections 498-A, 323 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. During the pendency of the petition, the parties compromised the matter and filed a joint memo of compromise.

Finding of the Court:

The court found that the parties had compromised the matter and had filed a joint memo of compromise. The court also found that the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, confirmed the identification of the parties.

Issues: Whether the proceedings against the petitioners should be quashed in view of the compromise between the parties.

Ratio Decidendi: The court relied on the provisions of Section 320 of the Code of Criminal Procedure, which allows for the compounding of offences with the permission of the court. The court also considered the fact that the parties had compromised the matter and had filed a joint memo of compromise.

Final Decision: The court allowed the petition and quashed the proceedings against the petitioners.

COMMON ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.514 of 2022 on the file of the V Additional Metropolitan Magistrate at L.B.Nagar. The petitioners herein are accused Nos.1 to 3 in the said case. The offences alleged against the petitioners herein are under Sections 498-A, 323 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

2. Heard learned counsel appearing on both sides and learned Additional Public Prosecutor for the State. Perused the record.

3. During the pendency of the present Criminal Petition, the parties have compromised the matter and, accordingly, respondent No.2/defacto complainant filed I.A.Nos.1 and 2 of 2022 to permit to compound the offences and to compromise the case.

4. Though this Court vide order dated 18.10.2022 and 30.11.2022, directed the parties to appear before the Secretary, Telangana High Court Legal Services Committee, Hyderabad, for their identification and also directed the Secretary to submit a report, the parties could not attend due to circumstances beyond their control and as such requested this Court to grant permission to appear before the Secretary, Telangana High Court Legal Services Committee. On 30.12.2022, this Court, as a last chance, again granted permission to the parties to appear before the Legal Services Committee. In compliance with the said order, the parties have appeared and the Secretary, Telangana High Court Legal Services Committee has submitted his report, on 09.01.2023.

5. In the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, it is stated that in obedience of the orders of this Court, the petitioners/A1 to A3 and the 2nd respondent have appeared before him along with their counsel and on examination and verification of their particulars from their Aadhar Cards, they were tallied. Thus the identification of both the parties has been established.

6. The parties herein have filed a joint memo of compromise stating that at the intervention of the elders, they have settled the disputes between them amicably and 2nd respondent has no objection to quash the proceedings against the petitioners herein in the above Case. The said joint memo of compromise and the report of the Secretary are placed on record.

7. In view the said report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, and also in view of the compromise entered between the petitioners and respondent No.2, I.A.Nos.1 and 2 of 2022 are allowed. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.514 of 2022 on the file of the V Additional Metropolitan Magistrate at L.B.Nagar, are hereby quashed against the petitioners/A1 to A3. Petitioners/A1 to A3 undertake to pay an amount of Rs.10,000/- (Rupees Ten Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No.52188926279, State Bank of India, within a period of one week from today, and file proof of the same into the Registry.

As a sequel, the miscellaneous Petitions, pending if any, shall stand closed. __________________

K.SURENDER, J Date: 11.01.2023 tk THE HONOURABLE SRI JUSTICE K. SURENDER CRIMINAL PETITION No.9190 OF 2022 ALONG WITH I.A.Nos.1 AND 2 OF 2022 Dt.:11.01.2023 tk

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