Dismissed

Mr. Samavedam surya teja v. The Government of Andhra Pradesh.

Andhra Pradesh HC12 Jul 2021CRLP/3799/2021

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Petition seeking quashment of a charge sheet under Section 482 Cr.P.C. on the ground that the accused and the victim compounded the offence. The Court held that for compoundable offences, the remedy lies before the trial court, not via supervisory jurisdiction.

What did the court decide?

The Criminal Petition seeking quash of the charge sheet is dismissed; liberty to approach the trial Court to compound the offence is granted.

Mr. Samavedam surya teja Vs The Government of… — Dowry and Cruelty | 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

Mr. Samavedam surya teja v. The Government of Andhra Pradesh.

Case brief

What is this about?

What did the court decide?

Mr. Samavedam surya teja v. The Government of Andhra Pradesh.

Case brief

What is this about?

What did the court decide?

What the court decided

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