Dismissed

Kayamkhani Sartaj Khanam v. State of Ap

Andhra Pradesh HC12 Jul 2021CRLP/3797/2021

Case brief

AI extract

What is this about?

The Single Judge dismissed a criminal petition seeking quashing of a charge sheet on the ground of compromise. The Court held that for compoundable offences like Section 498-A IPC, the remedy lies in the trial court, making the High Court intervention unnecessary under Section 482 Cr.P.C.

What did the court decide?

Criminal petition dismissed; liberty granted to approach trial court to file petition to compound the offence.

Kayamkhani Sartaj Khanam Vs State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.3799 of 2021

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ORDER:-

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This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking quash of charge sheet in C.C.No.1412 of 2020 on the file of the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam, on the ground that both the parties have compounded the offence.

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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After the crime was registered for the offences punishable under Section 498-A IPC and under Sections 3 and 4 of the Dowry Prohibition Act, on the report lodged by the de facto complainant and on completion of investigation, eventually police have filed the charge sheet in the trial Court and the same is numbered as C.C.No.1412 of 2020. The said case is pending trial in the trial Court.

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While so, the petitioners have filed this petition seeking quash of the charge sheet on the ground that both the parties have entered into compromise and compounded the offence.

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The offence under Section 498-A IPC is compoundable offence with the permission of the Court. Therefore, the parties

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ought to have filed a petition before the trial Court seeking permission to compound the offence. Instead of approaching the trial Court, the petitioners have directly approached this Court under Section 482 Cr.P.C. When the offence for which the charge sheet is filed, is a compoundable offence, when a remedy is available to the petitioners in the trial Court, this Court does not find any valid legal ground to entertain this petition for quash of the charge sheet even on the ground that both the parties have entered into compromise and compounded the offence. Therefore, the Criminal Petition is dismissed. However, the petitioners are at liberty to approach the trial Court and file a petition to compound the offence.

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Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.

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______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date: 12.07.2021 AKN

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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CRIMINAL PETITION No.3799 of 2021

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Date: 12-07-2021

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AKN

Kayamkhani Sartaj Khanam v. State of Ap

Case brief

What is this about?

What did the court decide?

Kayamkhani Sartaj Khanam v. State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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