IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

TUESDAY ,THE TWENTY FIFTH DAY QF JUNE TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

j.A. Nos.1 & 2 of 2024

IN/AND

CRIMINAL PETITION NO: 3235 OF 9n9d

Between:

• 1. Endia Ashok Kumar, S/o E.Venkatramana Coolie, Resident of D.No. Annamayya District. Aged about 31 years, Occ; 1-1316, Kotapalli village. Filer Mandal,
• 2. Endia Savithri E.Savithramma, W/o E.Venkatramana, Aged about 47 years, Occ: Coplie, Resident of D.N0.I-I3I6, Kotapalli village Mandal, Annamayya District. Filer
• 3. Endia Venkatramana, S/o Late E.Krishnaiah, Aged about ⁵⁴ years An^amawa^'S""'

...Petitioners/A-1 to A-3

AND

• 1. The State pf Andhra Fradesh, ' pf Andhra Fradesh at Amaravathi. rep by its Fublic Frosecutor, High Cpurt
• 2. Smt. Endia Nagaveni, W/o Engla Ashok Kumar, Aged about 32 years Occ: House wife, Resident of Model Colony, Filer Town Annamayya District. and Mandal

...Rpspondent/Complainant

Petition under Section 482 of Cr.P.C praying that in the ^circumstances stated in the Memorandum of Grounds of Criminal Petition th^ High Court may be pleased to call for the C.C.No.58 of 2023 records pertaining to on the file of Additional Junior Civil Judge, Piler, ^^Annamayya District arising out of Crime No.227 of 2022 on the file of Filer Urban Police Station, Annamayya District and quash the same.

I-A. NO: ¹ OF 2024

Between:

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Smt. Endia Nagaveni, W/o Engla Ashok Kumar, Aged about 32 Occ: House wife. Resident of Model Colony, Piler Town and Mandal, Annamayya District. years.

...Petitioner/2"'* Respondent

AND

• 1. Endia Ashok Kumar, S/o E.Venkatramana, Aged about ³¹ years, Occ: Coolie, Resident of D.No.1-1316, Kotapalli village, Piler Mandal Annamayya District. j
• 2. Endia Savithri @ E.Savithramma, W/o E.Venkatramana years, Occ; Coolie, Resident of D.No.1-1316 Mandal, Annamayya District. Aged about 47 Kotapalli village, Piler
• 3. Endia Venkatramana, S/o Late E.Krishnaiah Occ: Coolie, Resident of D.No. 1-1316, Kotapalli village Annamayya District. Aged about 54 years, Piler Mandal, j

...Respondents/Petitioners/A-1 to A-3

4. The State of Andhra Pradesh of Andhra Pradesh at Amaravathi. rep by its Public Prosecutor, High Court ¹

...Resppndent/Respondent

Petition under Section 320(6) of Qr.P.C praying that in the circumstance? stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner herein to compound the offences with the respondents/petitioners/accused in Crip.No. of 2024 on the file of this Honourable court filed to quash the C.C.No.58 of 2023 on the file of Additional Junior Civil proceedings in Judge, Filer, Annamayya District and the respondents/petitioners/accused may be acquitted of the charges leveled against them.

I.A. NO: 2 OF 2024

Between:

Smt. Endia Nagaveni, W/o Engla Ashok Kumar, Aged about 32 Occ: Housp wife. Resident of Model Colony, Piler Town and Mandal, .Annamayya District. years.

...Petitlonar/2"'* Respondent

AND

• 1. Endia Ashok Kumar, S/o E.Venkatramana, Aged aboqt 31 Coolie, Resident qf Q.No. 1-1316, Kotapalli village Annamayya District. years, Occ: Piler Mandal,
• 2. Endia Savithri E.Savithramma, W/o E.Venkatramana, Aged about 47 years, Occ: Coolie, Resident of D.No.1-1316, Kotapalli village, Piler Mandal, Annamayya District.
• 3. Endia Venkatramana. S/o Late E.Krishnaiah, Aged about Occ: Coolie, Resident of D.No. 1-1316, Kotapalli village, Piler Mandal Annamayya District. 54 years

...Respondents/Petltioners/A-1 to A-3

4. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

...Respondent/Respondent

Petition under Section 320(2) 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 permit the petitioner/2^nd respondent to compromise the matter with the Respondents/petitioners herein by allowing the Criminal Petition No. of 2024 filed by the petitioners/accused against the proceedings in C.C.No.58 of 2023 on the file of Additional Junior Civil Judge, Filer, Annamayya District.

*Joint Memo enclosed vide separate sheet

I.A. NO: 3 OF 2024

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 all further proceedings including appearance of the petitioners in C.C.No.58 of 2023 on the file of Additional Junior Civil Judge, Filer, Annamayya District arising out of Crime No.227 of 2022 on the file of Filer Urban Police Station, Annamayya District, pending disposal of the Criminal Petition before this Honourable court.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vutupalli Rajanna, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent $No.2$

The Court made the following:

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

TUESDAY. THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

lA Nos.1 of 2024 and 2 of 2024 in/and Criminal Petition No:3235 of 2024

Between:

• Endia Ashok Kumar, S/o. E.Venkgtramana, 31 years, Occ: Coplie, R/o. D.No. 1-1316, Kotapalli village. Filer Mandal, Annamayya District. 1.
• Savithri . @ W/o.E.Venkatramana, 47 years, Occ: Coolie, R/o. D.No.1-1316, Kotapalli village. Filer MandgI, Annamayya District. 2. Endia E. Savithramma,
• Endia Venkatramana, S/o. late E.Krishnaiah, 54 years, Occ: Coolie, R/o. D.No.1-1316, Kotapalli village, Pilsr Mandal, Annamayya District. 3.

... Petitioners/AI to A3

And

• The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 1.
• Endia Nagaveni, W/o. Engla Ashok Kumar, 32 years, Occ: Housewife, R/o. Model Colony, Piler Town and Mandal, Annamayya District. (Complainant) 2.

... Respondents

¹ The Court made the following:

COMMON ORDER

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'CrPC'), is filed by the

petitioners herein/A1 to A3, to quash charge sheet in Calendar Case No.58 of ²⁰²³ on the file of the Additional Junior Civil Judge Filer filed for the offences punishable under Sections 498A and 506 read with 34 ^I PC and Sections ³ and 4 of the Dowry Prohibition Act, ¹⁹⁶¹ pertaining to FIR No.227 of 2022 of Filer Urban Police Station, Filer.

2. It is represented that both the parties have dispute amicably out of the Court at the intervention settled the of their elders and well-wishers. In view of the settlement arrived at, between the parties, respondent No.2/de facto complainant filed I.A.Nos.1 of 2024 and 2 of 2024 seeking to permit the parties to compound the offence and to record the compromise.

3. Today, when the matter is, taken up, petitioners herein/A1 to A3 and 2"'' respondent herein are present before this Court. They produced their respective aadhar cards in proof of their identity. Learned counsel for the petitioners'herein/A1 the learned counsel for 2"^^ respondent have identified parties in the open Court. This Court has respondent herein/c/e facto complainant to A3 and both the nd questioned 2 with regard to compromise and she categorically stated to that extent that she has voluntarily entered into compromise with the petitioners herein/AI to A3. This Court is satisfied with the identification of

2

the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak.

In Gian Singh v. State of Punjab & another¹ the Hon'ble $4.$ Apex court held at paragraph No.57, as under:

"The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences Under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the

¹ 2012 (9) Scale 257

criminal cases having overwhelmingly and pre-dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, Higli Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility .of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair o,r contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends ofjustice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

In view of the aforesaid decision of the Hon'ble Apex Court and as the parties have entered into a compromise and compounded the offences, this Criminal Petition is allowed and 5. the charge sheet in Calendar Case No.58 of 2023 on the file of the Additional Junior Civil Judge, Filer, against the petitioners herein/A1 to A3, is hereby quashed.

4

6. Accordingly, I.A.Nos.1 of 2024 and 2 of 2024 and Criminal Petition No.3235 of 2024 are allowed.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

//TRUE COPY//

SECTION OFFICER

SD/- P U V BHASKARA RAO ASSISTANT REGISTRAR

To,

• 1. The Additional Civil Judge(Junior Division): Piler, Chittoor District.
• 2. The Station House Officer, Piler Urban Police Station, Chittoor District.
• 3. One CC to Sri. Vutupalli Rajanna Advocate [OPUC]
• 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]

5. Three CD Copies

SAM

$\operatorname{sree}$

*along with joint compromise memo to the addresses

HIGH COURT

DATED: 25/06/2024

ORDER

I.A. Nos.1 & 2 of 2024 in/and CRLP.No.3235 of 2024

ALLOWING THE I.A. Nos.1 & 2 of 2024 AND ALLOWING THIS CRL.P.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

$\begin{array}{c}\n\diagup\n\end{array}$ OF 2024 I.A.NO. CRL.P.NO.

Between:

Smt. Endla Nagaveni W/o Engla Ashok Kumar, Aged about 32 years, Occ: House wife, Resident of Model Colony, Piler Town and Mandal, Annamayya District. .. Petitioner/ $2^{nd}$ Respondent.

And

1. Endla Ashok Kumar S/o E.Venkatramana, Aged about 31 years, Occ: Coolie, Resident of D.No.1-1316, Kotapalli village, Piler Mandal, Annamayya District.

• $2.$ Endla Savithri @ E.Savithramma W/o E.Venkatramana, Aged about 47 years, Occ: Coolie, Resident of D.No.1-1316, Kotapalli village, Piler Mandal, Annamayya District.
• $3.$ Endla Venkatramana S/o Late E.Krishnaiah, Aged about 54 years, Occ: Coolie, Resident of D.No.1-1316, Kotapalli village, Piler Mandal, Annamayya District.

.. Respondents/Petitioners/A-1 to A-3.

$4.$ The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.

.. Respondent/Respondent.

JOINT MEMO

It is submitted that the petitioner/ $2^{nd}$ respondent herein filed the present joint Memo to compound the offences between the petitioner/2^nd respondent/defacto-complainant and the Respondents/ petitioners/Accused as the matter is settled out of court amicably.

For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to permit the petitioner/ $2^{nd}$ respondent herein to compound the offences with the respondents/petitioners/Accused herein by allowing the Criminal Petition No. of 2024 filed by the $\frac{1}{2}$ betitioners against the proceedings in C.C.No.58 of 2023 on the file of Honourable Additional Junior Civil Judge, Piler, Annamayya District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

Amaravati,

Dated:30-04-2024.

Counsel for the respondent.

petitioner/Defacto-Complainant.

Counsel for the Petitioner.

Petitioners/Accused

• 1. E. Asuok Kumar
• 2. $E \cdot \tilde{\mathcal{N}}c\theta(\theta)$
• 3. E. $3056$ Value