Deva Reddy Prasad Reddy vs. The State Of Telangana

CRLP/9778/2023HC TelanganaGSTCNR HBHC01050598202303 May 2024Bench: K. SUJANA8 pages
AI SummaryAllowed

Facts

The petitioner, Deva Reddy Prasad Reddy, a GST Inspector, filed a Criminal Petition under Section 482 of the Cr.P.C. seeking to quash proceedings in P.R.C.No.105 of 2023, stemming from Cr.No.406 of 2023, pending before the XV Additional Metropolitan Magistrate, Kukatpally. The second respondent, Smt. Gadikota Vanisri, the complainant, also filed applications seeking to compound the offences and record the compromise. The parties jointly submitted a memo stating they had compromised the matter. The Court directed the parties to appear before the High Court Legal Services Committee for identification, which was done, and a report was submitted. The petitioner is the accused No.1, and the second respondent is the complainant.

Held

The Court allowed I.A.Nos.1 and 2 of 2024, which were filed to record the compromise between the parties and compound the offences. Consequently, the Criminal Petition was allowed, and the proceedings in P.R.C.No.105 of 2023 in Cr.No.406 of 2023, on the file of the XV Additional Metropolitan Magistrate at Kukatpally, Medchal-Malkajgiri District, against the petitioner/accused No.1, were quashed. This quashing was made subject to the petitioner paying a total amount of Rs.10,000/-: Rs.5,000/- to the Director, Sainik Welfare, Hyderabad, and Rs.5,000/- to the Telangana High Court Advocates Association, Hyderabad, within two weeks from the date of the order, and filing proof of compliance. The ratio decidendi is that in cases where parties have amicably settled their disputes, the High Court can exercise its inherent powers under Section 482 of the Cr.P.C. to quash proceedings to secure the ends of justice, provided such compromise does not involve serious non-compoundable offences or is against public policy. The Court expressly left no issues undecided.

Key Issues

1. Whether the proceedings in P.R.C.No.105 of 2023, on the file of the XV Additional Metropolitan Magistrate, at Kukatpally, Medchal-Malkajgiri District, against the petitioner/accused No.1, should be quashed in the interest of justice, considering the compromise between the parties? (Section 482 of Cr.P.C.) Arguments for the Petitioner/Accused No.1: The petitioner argued that a compromise had been reached between the parties and sought to quash the proceedings. They relied on the joint memo filed by both parties indicating their settlement. Arguments for the Respondent/Complainant: The second respondent, the complainant, supported the quashing of proceedings and sought permission to compound the offences, also relying on the compromise reached. The State of Telangana, represented by the Public Prosecutor, did not record any specific arguments against the compromise.

Sections Cited

Section 482, Section 320

AI-generated summary — verify with the full judgment below

[ 3385 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRD DAY OF IVAY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT. JUSTICE K. SUJANA l.A.Nos.'l and 2 oI 2024 ln/and CRIMINAL PETITION NO: 9778 OF 2023 Between: AND 1 Deva Reddy Prasad Reddy, S/o Venugopal Reddy, Age- 29 years, Occ: Govt.

Employee GST lnspector, Ivledchal District, Rl/o Flat No. 101 Srinivasa Sunridge Apartment, Near Victoria Memorjal School, Saroor Nagar, (lr/) , Ranga Reddy Disitrict, N/o H.No 30/2, Reddyvaripally(V), Rayachoti (M), Kadapa District Andhra Pradesh State. ...Petitioner/Accused No.1 The State of Telangana, Public Prosecutor, High court for the states of Telangana. Hyderabad.

Smt. Gadikota Vanisri, D/o G- Venkat Su$ba Reddy Age. 27 yea$, Occ. Soft ware Engineer, R/o Flat No. 505, C2-Blodk, Meadow Land Apartment, CBCID Colony, KPHB, Hyderabad. ...Respondents/Complainant & Defacto Complainant 2 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 Quash Section 307 of IPC in P.R.C.No.105 of 2023 in Cr.No.406 of 2023 on the file of XV Additional Metropolitan Mag

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