Aluri Venkatesh v. The State of Telangana

2. Heard Ms.K.Manasa, learned counsel for the petitioners as well as Sri Arun Kumar Doddla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The learned petitioners' counsel submitted that the proceedings against accused Nos.1 & 2 in the very same crime ended in compromise on the ground of compounding of offence against them vide orders dated 08.04.2021 passed in Crl.P.No.2303 of 2021. Since the petitioners herein i.e., accused Nos.3 & 4 are arrayed as accused in the same crime i.e., Crime No.550 of 2019 of Ghatkesar Police Station, the matter cannot be kept pending when it is compounded as against accused Nos.1 & 2. She further submitted that since the offence is compounded against accused Nos.1 & 2, the same relief may be extended to the petitioners herein as well i.e., accused Nos.3 & 4. She therefore prayed to quash the proceedings against the petitioners.

4. Learned petitioners' counsel also referred to the decision of the erstwhile High Court of Andhra Pradesh at Hyderabad in the case of Kamal Kishore Biyani Vs.Shyam Sunder Bung and others ¹

wherein it is held that "when once the offence stands compounded, no one can be prosecuted under the offence as

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Section 320 Cr.P.C. permits compounding of the offence but not compounding of the offence against individual accused."

5. The learned Additional Public Prosecutor submitted to pass appropriate orders.

6. Perused the record.

7. It is borne out by record that the matter was compounded between accused Nos.1 & 2 and the defacto complainant vide orders dated 08.04.2021 passed in Crl.P.No.2303 of 2021. In view of the same, pendency of proceedings against the petitioners herein, who are arrayed as accused Nos.3 & 4, would be an abuse of process of law. Even if the matter goes for trial, the prosecution may not be able to produce better evidence as against these petitioners when the de facto complainant has compounded the offence against accused Nos.1 & 2. Thus, considering the facts and circumstances of the case and applying the analogy laid down in Kamal Kishore Biyani's case (cited supra), the proceedings against the petitioners/accused Nos.3 & 4 are liable to be quashed.

8. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners/Accused Nos.3 & 4 in S.C.No.12 of 2021, on the file of the learned VII Additional District Judge-cum-

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Special Court for SCs/STs(POA) Act cases, L.B.Nagar, Ranga Reddy District, are hereby quashed.

9. Pending miscellaneous applications, if any, shall stand closed.

_____________________________

JUSTICE TIRUMALA DEVI EADA

Date:12.03.2026 ysk

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THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12192 of 2023

DATE OF ORDER:12.03.2026

ysk

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