HC of Telangana dismissed Criminal Petition and IA Nos. 2 & 3 seeking quashing of proceedings. Holding that Section 307 IPC is a serious offence against society, Court refused to quash despite compromise between parties.
IA Nos. 2 and 3 of 2020 dismissed; Criminal Petition No. 388 of 2020 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
THURSDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION NO: 388 OF 2020
ALONG WITH l.A.Nos. 2 AND 3 of 2020
GRIMINAL PETITION NO: 388 OF 2020
Between:
All are Fl/o. Flat No. 10 1 , 2nd floor, Annapurna Colony Kenranagar, Feeaadiguda, Uppal, Hyderabad.
...Petitioners/Accused
AND
...RespondenUComplainanUDefacto Complainant
Petition under Section 482 of cr.P.c praying that in the circumstances stated in the [trlemorandum of Grounds of criminal petition, the High court may be pleased to quash s.c.No.19 ol 2017 on the file of the ll Additional Assistant sessions Judge, Warangal, of P.S. Women Police Station Warangal City.
l.A. NO: 1 OF 2 020
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 to stay of all further proceedings in S.c.No.19 of 2017, on the file of the ll Additional Assistant sessions Judge, Warangal, of p.s. women police station warangal city, pending disposal of the above Criminal petition.
2-
'Common CTs in l.A.Nos.2 and 3 of 2020 in Criminal Petition
Between:
B. Komatireddy Chithra, W/o. Shyamsunder Reddy,30 years, BankEmployee, N o. 2-5-426, Venkateswara Colony Subedari,Hanamkonda.
...Petitioner/Respondent No.2 Defacto Complainant
AND
All are FI/o. Flat No.10'1,2ndfloor, Annapurna Colony Kenranagar,Feezadiguda, Uppal, Hyderabad.
... Respondents/Petitioners/Accused
...Respondents/ComplainanUComplainant
l.A. NO: 2 OF 2020
Petition under section 320(6) of cr.P.cpraying that in the circumstances stated in the Memorandumof Groundsof Criminal Petition,the High Court maybe pleased to permit thepetitioner/victim/defactocomplainant to compoundthe offences with respondentNos. 1 to 5 /Accused and of the proceedings againstthe accused in S.C.No.190f 2017 0n the file of the ll Additional AssistantSessions Judge, warangal ofP.S Women Police Stationwarangal, againstthe respondents/ accused and thesame may be pleasedto compromisequashed in the interest of justice.
l.A. NO: 3 OF 2020
Petition under section32o (2) of cr.P.cpraying that in the circumstances stated in the Affidavit andJoint Memoof Compromise filed therewith,the High Court may bepleased to compromiseby quashingthe impugned proceedings pendingin SC.No.19 of 2017 on thefile of the of the ll Additional Assistant sessions Judge, warangal of P.s womenPolice Station Warangal,against the respondents/ accused and drop allconsequential proceedings in the interest of justice and fair play.
'z
The Court made the following: COMMONORDER
HON'BLE SRI JT,STICE K. LAKSHMAN CRIMINAL PETITION No.388 0F 2020 A LONG WITH I.A.Nos.2 ANI) 3 0F 2020 COMM oNo IIDER:
The present criminal petition is fired under Secrion - 4g2 of the Code of Criminalprocedure, 1973 (for short ,Code,,) to quash the proceedings in S.c. No.19 o 2017 on the fite of the II Additional Assistant Sessions Judge, Warangal. The petitioners herein are accused Nos.1 to 5 in the said case. The offences alleged against them are under Sections - 49gA,307 and 323 oflpC and Sections _ 3 and 4 of the Dowry Prohibition Act. 1961.
her for herminimum necessities'PetitionerNo' 1 abusedandbeat LW.3,herfatheronl109'2015Apanchayarwasheldon l3.0g.20l5inthepresenceofLWs.4arrd5.Thoughtheyhave comprornised,there is no change in the attitude of petitionersherein' On 21.09.2015,petitionerNo'1 came to his house in drunken condition. abusedher in filthy language, caught hold her tuft and beat her withhandsand fisted on her face'uprootedher hairs withan intention to killher. PetitionerNo.1 put a pillow on her faceand forciblypressed the pillowand accordinglyattemptedto kill her' She was hospitalizedon 22.09.2015due to the said harassment' Thus' there are specificallegationsagainst the petitionersherein'
"i) that thepowcr conferred under Section 482 of the Codeto quashthe crirninalproceedings for the non-corlpoundableoffencesunder Section 320ol the Codecan be exercised having overwhelminglyand predominantly the civil character,particularlythose arising out ol comuercialtransactions or arisingout of matrimonialrelationshipor farnilydisputesand when theparties haveresolvedthe entire disputc amongstthelnselves;
'20l9(5) scc 403
KL.J Crl.P.No388 of2020
3
is notto be exercisedin those ii) such Porver whichinvolved l.reinousand prosecutions seriousoffencesof mental depravityor otTences like murder,rape, dacoity'etc' Such offences are notprivatein nature and have a serious impacton society;
iii)xxxx;
iv)xxxx;
-l
those prosecutions which involved heinousand serious offences of mental depravity or offenceslike murder, rape,dacoity, etc.Such offences are notprivate in natureand havea serious impacton society. The Apex Court further heldthat toquashthe criminal proceedings in respect of non-compoundable offenceswhichare private in nature and do not have any serious impact on the society, on the ground that there is a settlement / compromisebetweenthe victim and offender, High Court is required to considerthe antecedents of the accused; the conduct ofthe accused, namely, whether the accused was absconding andwhy hewas absconding, how he had managed with the complainant toenter into a corrprornise etc.,
KL,J Crl.P. No.388 of2020
As a sequel, miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
SD/-B,SA TYAVATH //TRUE COPY// ASSISTANT REGIS AR
To,
SECTION OFFICER
1 2 3 4. ,,;ggffi$,,i-,fl-***#,i,r,i'",4**,''"'" 5. 6.7. ^il :Hx %"*T^ifl iiliststio p u c ] ff is $"i[: MMK gbr &--
HIGH GOURT
DATED:1810312021
COMMONORDER
GRLP.No.388of 2020 Along withl.A.Nos.2 and 3 of 2020
1 tt e s rA r4:'
e
o 15 APBzml a
!
PAI c
DISMISSINGTHE l.A'Nos'2 AND 3 OF 2020 AND oisurrsslHGTHE cRtMINALPETlrloN'
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2 issues framed by the court
Whether the Court can quash criminal proceedings involving serious non-compoundable offences like attempted murder merely upon settlement?
Whether the scale of alleged offences and seriousness of assault preclude exercise of power under Section 482 CrPC despite compromise?
Colour shows how this judgement treated each authority
State of Madhya Pradesh v. Laxmi NarayanRelied on¶52
State of Madhya Pradesh v. Laxmi Narayan 2019 SCC 403 · Who else cites this
3 provisions across 2 enactments
Komatireddy Shyamsunder Reddy
Komatireddy Chithra
The State of Telangana
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
