Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Offences under Sections 498-A, 420, 324, and 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are compoundable offences.

Headnote:
[CRIMINAL PROCEDURE CODE] - [COMPOUNDING OF OFFENCES] - [COMPROMISE] - [QUASHING OF PROCEEDINGS] - Summary of the legal provision discussed by the court. The court discussed the provisions of Section 320(6) of the Code of Criminal Procedure, 1973, which deals with the compounding of offences. The court held that the offences under Sections 498-A, 420, 324, and 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are compoundable offences. The court also held that the parties to the case had entered into a compromise and had filed a joint memo of compromise. The court further held that the compromise was genuine and that there was no reason to doubt its validity. The court, therefore, allowed the compounding of the offences and quashed the proceedings against the petitioners.
Fact of the Case:

The petitioners were accused of offences under Sections 498-A, 420, 324, and 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The offences were alleged to have been committed against the second respondent, who was the wife of the first petitioner. The parties to the case subsequently entered into a compromise and filed a joint memo of compromise.
Finding of the Court:

The court held that the offences under Sections 498-A, 420, 324, and 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are compoundable offences. The court also held that the parties to the case had entered into a compromise and had filed a joint memo of compromise. The court further held that the compromise was genuine and that there was no reason to doubt its validity.
Issues: Whether the offences under Sections 498-A, 420, 324, and 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are compoundable offences.
Ratio Decidendi: The court relied on the provisions of Section 320(6) of the Code of Criminal Procedure, 1973, which deals with the compounding of offences. The court held that the offences under Sections 498-A, 420, 324, and 506 of the Indian Penal Code, 1860, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are compoundable offences. The court also held that the parties to the case had entered into a compromise and had filed a joint memo of compromise. The court further held that the compromise was genuine and that there was no reason to doubt its validity.
Final Decision: The court allowed the compounding of the offences and quashed the proceedings against the petitioners.

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 10003 OF 2021 NG WITH Nos.4&5 of 1 CRL.P.No.10003 ot 2021 :

Between:

1. Katta Sudheer S/o Anand Katta, aged about 30 years, occ.Employee at Singapore, r/o H.No. 5-7-8t5, Near Sai Baba Temple Sri Durga Residency, Kukatpally, Hyderabad Rep. by his GPA Holder i.e.' petitioner No 2

2. Katta Vanajaiani, Wo Anand Katta, aged about 51 years, occ. Builder, r/o H.No.

5-7-8t5, Near Sai Baba Temple, Sri Durga Residency, Kukatpally, Hyderbad'

3. Katta Anand, s/o Late Gopaiah, aged about 51 years, occ Employee in TSNPDCL r/o H.No. 5-7-8t5, Near Sai Baba Temple Sri Durga Residency, Hyderabad Kukatpally'

...pETrroNERs/AccusED Nos'1 to 3 AND l.TheStateofTelangana,throughS.HO.,WarangalWomenPoliceStation'

Warangal Urban Di-strict, rep' by lts Public Prosecutor, High Court, Hyderab.ad.

2. Kallatriaya Uloopi, Wo Sudheer Katta, aged About 26 years, occ' Housewife'

rlo 215-1-304 Lions Colony, Rangamet, Warangal.

...RESPONDENTS/COMPLAINANTS Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in c.c.No. 808 of 202 1 on the file of the V Additional Judicial first Class Magistrate at Warangal.

l.A. NO: 2OF 2021 Petition under section 482 of cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition,the High court may be pleased v to grant stay of all further proceedings in c.c.No. 808 ol 2021 on the file of the Addl. Judicial first clsass Magistrate at warangal pending disposal of the criminal Petition, and to Pass coM G.T I I.A.N 50F 021 Between GffiIy" Uloopi, Wo Sudheer Katta, aged About 26 years, occ. Housewife, rlo 215-

1-304 Lions Colony, Rangamet' Warangal.

...PETITIJONER/RESPONDENT NO.2 AND

1. Katta Sudheer s/o Anand Katta, aged about 30 years, _occ.Employee at S;;;p;, r/o H.No. 5-7-815, Near Sai Baba Temple Sri .Durga Residencv'

frfatb"ffy, Hyderabad Rep. by his GPA Holder i e , petitioner No 2 z- . xrtia varialaiani, wo Anand kafia, aged about 51 years, occ. Bu.ilder, r/o H.No.

s-Z-AlS, Near Sai Baba Temple, Sri Durga Residency, Kukatpally' Hyderbad

3-'. Katta Anand, s/o Late Gopaiah, aged about 51 years' qcc Employee in is-rrJpocl r/o H.No. S-l-ah, Near 3ai Baba Temple sri Durga Residency, Hyderabad Kukatpally'

..'REspoNDENTS/PETlrloNERs

4' . The State of Telangana, through S'H O , Warangal.Women Police Station'

\,v;;;;l Urban Di-strict, iep. 6', tl rts Pubtic Pro-s-*utor' High Court'tlY99l?9{.

NO.l ...RESPONDENT/RESPONDENT I,A NO:4 oF2 21 PetitionunderSection320(6)ofCr.P.Cprayingthatinthecircumstances stated in the Memorandum of Grounds of criminat Petition,the High court may be pleasedtopermitthePetitionertocompoundtheoffencesunderSec.49S-A'420, 324 and 506 lPc and sec.3&4 of D.P.Act and to quash the proceedings in c c No' g08 of 2021 on the file of V Addl. Judicial First class Magistrate, warangal in the interest of justice. LA. o.5 of 02,,l PetitionUnderSectiong2o(2)Rtw4S2ofCr.P.Cprayingthatinthe circumstances stated in the Affidavit and Joint Memo of compromise filed therewith, the HighCourtmaybepleasedtopermitthePetitionertorecordthecompromiseandto quash the proceedings in c.c.No. BO8 of 2021 on the file of V Addl Judicial First Class Magistrate, Warangal in the interest of justice'

ThesePetitionscomingonforhearing,uponperusingtheMemorandumof Grounds of criminal Petition and compromise Petition and upon hearing the argumentsofsriKarunakarReddy,AdvocateforthePetitionersincrl.P.and Respondent Nos.1 to 3 in l.A.Nos.4&5 of 2021 and of Public Prosecutor on behalf of theRespondentNo.linCrl.PandRespondentNo'4inl.A'Nos.4&5of2021andof M/s J.sravanthi Reddy, Advocate for the Respondent No'2'

The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. IOOO3 OF 2021 ALONG WITH I.A.No

Click Here to Read the rest of this document