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CDJ 2026 APHC 303
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| Court : High Court of Andhra Pradesh |
| Case No : IA Nos. 2 & 3 of 2026 In/& Criminal Petition No. 1502 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE K SURESH REDDY |
| Parties : K. Bhargav & Others Versus The State Of Andhra Pradesh, Rep. By Its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi & Another |
| Appearing Advocates : For the Petitioner: B. Sarvotham Reddy, Advocate. For the Respondent: Public Prosecutor, P. Nagendra Reddy, Advocate. |
| Date of Judgment : 26-02-2026 |
| Head Note :- |
Criminal Procedure Code - Section 437/Section 438/Section 439/Section 482 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 115(2) of Bharatiya Nyaya Sanhita, 2023
- Section 118(1) of Bharatiya Nyaya Sanhita, 2023
- Section 352(2) of Bharatiya Nyaya Sanhita, 2023
- R/w 3(5) of Bharatiya Nyaya Sanhita, 2023
- Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
- Section 482 Cr.P.C.
- Section 437/438/439/482 of Cr.P.C.
- Section 528 of BNSS
- Section 320 of the Code
2. Catch Words:
- compromise
- quash
- compounding
- inherent jurisdiction
- abuse of process
- ends of justice
3. Summary:
The petitioners filed a criminal petition under Section 482 Cr.P.C. seeking quash of FIR No.75/2025, which alleged offences under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act, 1989. The court heard the parties, verified their identities, and recorded that the de‑facto complainant had voluntarily entered into a compromise with the accused without coercion. Relying on the precedent set in *Gian Singh v. State of Punjab* regarding the High Court’s inherent power to quash proceedings where a genuine settlement exists and conviction is unlikely, the court held that continuation of the case would amount to abuse of process. Consequently, the FIR was quashed, and the interlocutory applications were closed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in FIR.No.75/2025 on the file of the Voyalpadu Police Station, Annayamma District in the interest of justice.
IA NO: 1 OF 2026
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the certified copy of the FIR and Complaint in Crime.No.75/2025 on the file of Voyalpadu Police Station, Annayamma District for time being in the interest of justice.
IA NO: 2 OF 2026
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the parties to compound the offences in FIR.No.75/2025 on the file of Voyalpadu Police Station, Annayamma District for the purpose of compromise the matter between the parties in the interest of justice.
IA NO: 3 OF 2026
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the terms of compromise between the parties in FIR.No.75/2025 on the file of the Voyalpadu Police Station, Annayamma District)
Common Order
1. This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein/A1 to A7, to quash the proceedings in F.I.R No.75 of 2025 of Voyalapadu Police Station, Annamayya District registered for the offence punishable under Sections 115(2), 118(1), 352(2), R/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Today, when the matter is taken up, learned counsel for the petitioners herein/Accused, learned counsel for the 2nd respondent/de facto complainant, learned Assistant Public Prosecutor representing the State are present before this Court. The complainant and accused produced their respective Aadhaar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for 2nd respondent identified their respective parties in the open Court.
3. This Court questioned the 2nd respondent/de facto complainant with regard to compromise, and he categorically stated to the extent that he has voluntarily entered into compromise with the petitioners herein/Accused and there is no threat, coercion or undue influence in arriving at the compromise. This Court is satisfied with the identification of 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.
4. The Hon’ble Apex Court in the case of Gian Singh v. State of Punjab & another, (2012 (9) Scale 257) held at paragraph No.57, as under:
"The position that emerges from the above discussion can be summarized 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 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, High 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 or 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 of justice, 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.”
5. 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 the proceedings in F.I.R No.75 of 2025 of Voyalapadu Police Station, Annamayya District are hereby quashed.
6. Accordingly, I.A.Nos.2 and 3 of 2026 and Criminal Petition No.1502 of 2026 are allowed.
As a sequel thereto, the interlocutory applications, if any, pending in this Criminal Petition shall stand closed.
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