KUKKALA SIVA KRISHNA @ SIVA Vs. CHODEM KALYANI

JUDGEMENT

(1.) THE petitioner is the sole accused in the First Information Report (FIR) in Crime No.57 of 2014 on the file of Jeelugumilli Police Station, West Godavari District. A complaint was lodged by the 1st respondent against the petitioner, which was registered under Sections 417, 420, 376 and 506 IPC, and under Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SCs/STs Act, for short). The petitioner sought for quashment of the FIR through this petition under Section 482 Cr.P.C.

(2.) HOWEVER , the learned counsel for the petitioner submitted that the 1st respondent/de facto complainant and the petitioner entered into a compromise and made a request to compound the case against him. The offences under Sections 417 and 420 IPC are compoundable under Section 320 Cr.P.C. The offence under Section 506 IPC also is compoundable. The petitioner allegedly committed the offences under Sections 417, 420 and 506 IPC. The 1st respondent certainly can compound these offences if she has entered into a compromise with the petitioner herein. However, the offence under Section 376 IPC as well as the offence under Section 3(1)(xii) of the SCs/STs Act are not compoundable offences. The question is whether they can be compounded or otherwise.

(3.) IN Criminal Petition No.894 of 2011, where the accused allegedly committed offences under Sections 323 and 506 IPC as well as under Section 3(1)(x) of the SCs/STs Act, on the ground that the de facto complainant entered into a compromise with the accused, a learned Single Judge of this Court quashed the FIR.