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TMI Blog2022 (1) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 277 of 2021 - - - Dated:- 28-12-2021 - D. Ramesh, J. For the Appellant : Uyyuri Manivarun, Advocate For the Respondents : Public Prosecutor and Siva Sankara Rao Borra ORDER D. Ramesh, J. 1. The petitioner is alleged to be accused in C.C. No. 86/2013 on the file of the Special Magistrate, Nandyal, Kurnool District for the offence u/Section 138 and 142 of Negotiable Instruments Act and the same was ended in conviction vide order dated 12.9.2017 and the same was confirmed in Crl.Appeal No. 243/2017 on 15.3.2021 by the III Additional District Sessions Judge, Kurnool at Nandyal. Aggrieved by the same, the petitioner approached this court praying to set aside the same. 2. In view of the joint memo filed by both th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Apex Court, in Gian Singh Vs. State of Punjab and Another (2012) 10 Supreme Court Cases 303, while adjudicating the inherent power of the High Court under section 482 of Criminal Procedure Code, 1973 [for short Cr.P.C.] in quashing the criminal proceedings against an offender, who has settled his dispute with the victim of the crime, but the crime in which he is allegedly involved is not compoundable under section 320 Cr.P.C., it was observed that- In a very recent judgment decided by this Court in the month of July, 2012 in Jayrajsinh Digvijaysinh Rana v. State of Gujarat (2012) 12 SCC 401, this Court was again concerned with the question of quashment of an FIR alleging offences punishable under Sections 467, 468, 471, 420 and 120B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that- 61. .......... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Court, in Gian Singh Vs. State of Punjab and Another (2012) 10 Supreme Court Cases 303, with regard to the inherent power of the High Court under section 482 of Cr.P.C. in relation to non-compoundable offences, and having carefully considered the facts and circumstances of the case, and in view of the joint memo filed by the parties, permission is granted to compound the offence and compromise is recorded. 9. Accordingly, the Criminal revision is allowed by setting aside the calendar and judgment dated 12.9.2017 in C.C. No. 86/2013 on the file of the Special Magistrate, Nandyal, Kurnool District for the offence u/Section 138 and 142 of Negotiable Instruments Act which was confirmed vide order dated 12.9.2017 in Crl.Appeal No. 243/2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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