Allowed

Nallagonda Surya Rao, v. The State of Andhra Pradesh

Telangana HC15 Oct 2012CRLRC/1904/2012

Case brief

AI extract

What is this about?

This revision challenged an order returning a compoundable petition for a non-compoundable offence under Section 324 IPC. The Court set aside the impugned order, relying on the settled intention of the parties and the Apex Court's view on inherent jurisdiction to allow compounding of non-compoundable offences upon settlement.

What did the court decide?

Impugned order set aside; lower appellate Court directed to receive the petition and record the compromise.

Nallagonda Surya Rao, Vs The State of Andhra Pradesh — Cheque Dishonour | Telangana HC (2012)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CRI.R.C.No.1904 of 2012

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ORDER:

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This revision is filed by the petitioner-de facto complainant challenging the docket order dated 20.7.2012 passed by the learned Sessions Judge, Krishna at Machilipatnam in C.F.R.No.1485 of 2012 in Crl.A.No.182 of 2011.

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2. After due trial, the second respondent/accused was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/-, in de fault to suffer simple imprisonment for six months, for the offence under Section 324 IPC. Aggrieved by the same, he preferred Crl.A.No.182 of 2011. During the pendency of the said appeal, the petitioner and the second respondent have settled the matter out of the Court and they filed C.F.R.No.1485 of 2012 under Section 320(2) and (8) of Cr.P.C. seeking to compound the offence under Section 324 IPC. By the order impugned, the lower appellate Court returned the said petition on the ground that the offence under Section 324 IPC is non-compoundable. Challenging the said order, the petitioner-de facto complainant filed this revision.

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3. Heard both sides and perused the material on record.

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4. Learned counsel for the petitioner has relied upon a decision of Madras High Court in G. MURUGAN v. STATE REPRESENTED BY THE INSPECTOR OF POLICE, MANALI NEW TOWN POLICE STATION, PONNERI TALUK, THIRUVAUR DISTRICT in Crl.O.P.No.7649 of 2011, wherein it was held that as per Notification dated 21.06.2006, Section 324 IPC remains as bailable

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and therefore, it is compoundable in nature.

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5. Admittedly, the matter has been settled between the petitioner and the second respondent as per the averments made in the affidavit filed by them. Therefore, without referring to the contention of the learned counsel for the petitioner and in view of the latest decision of the Apex Court that when the parties intend to compound a non-compoundable offence, the Court if satisfied can permit the parties to compound the offence. In a case of this nature, the Courts would be justified in invoking its inherent jurisdiction, and the technicalities should not be allowed to stand in the way of Courts’ power to quash the criminal proceedings involving non-compoundable offences. In view of the same, the order impugned is set aside.

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6. Considering the above circumstances, the lower appellate Court is directed to receive the petition filed by the petitioner and record the compromise after identifying the parties with their respective counsel

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7. Accordingly, the Criminal Revision Case is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

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______________________ JUSTICE RAJA ELANGO

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15^th October, 2012 sj

Nallagonda Surya Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nallagonda Surya Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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