APHC010232632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 3663 OF 2026 Between: 1. Mekala Vidhyasagar, S/o M. Satyanarayana, Age 35 years, Occ Pvt. Ennployee,R/o 6-2-453, Secretariat Hills, Ibrahimbagh, Manikonda, Hyderabad. 2. Mekala Satyanarayana, S/o. Mekala Ramdas, Age 52 years, Occ Govt. Employee, R/o 6-2-453, Secretariat Hills, Ibrahimbagh, Manikonda, Hyderabad. 3. Mekala Kalpana, W/o. Mekala SatyanarayanaAge 50 years, Occ Household, R/o 6-2-453, Secretariat Hills, Ibrahimbagh, Manikonda, Hyderabad. 4. Mekala Susheel Kumar, S/o. Mekala Ramdas, Age 32 years, Occ Student, R/o 6-2-453, Secretariat Hills, Ibrahimbagh, Manikonda, Hyderabad. ...Petitioners AND 2 1. The State of Andhra Pradesh, Through PS MogalturRep by its Public Prosecutor,High Court of Andhra Pradesh. 2. Mekala Jayasri, W/o. Vidhya Sagar, Aged 29 years, Occ Pvt. Employee, R/o. Dibbalapallava Palem, Perupalem South Village, Mogalthur Mandal, West Godavari District, Andhra Pradesh, as per report and FIR ...Respondents 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 against the petitioners in Crime No. 69/2026 for the offences under section 85, 351 (2) of BNS, Sec. 3 & 4 of DP Act on the file of SHO, PS Mogaltur and pass 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 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 3 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 may be pleased to permit the petitioners to amend the cause title of the present criminal petition at personal details of petitioner/accused no. 4, Mekala Susheel Kumar by replacing S/o. "Mekala Ramdas with Mekala Satyanarayana" in CrI.P No. 3663 of 2026 pending on the file of this Hon'ble Court and pass IA NO: 4 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 petitioner/2nd respondent/de-facto complainant to compound in Crime No. 69/2026 pending on the file of The Station House Officer, Mogaltur Police Station, Mogaltur, Andhra Pradesh, by compounding offences punishable U/s. 85 and 351 (2) of BNS and Sec 3 & 4 of D.P. Act against respondent/petitioners/accused No. 1 to 4 and pass IA NO: 5 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 compromise CRLP No. 3663 of 2026 and Quash the proceedings initiated against Petitioners/Accused No. 1 to 4 in Crime No. 69/2026 pending on the file of The Station House Officer, Mogaltur Police Station, Mogaltur, Andhra Pradesh, by 4 compounding offences punishable U/s. 85 and 351 (2) of BNS and Sec 3 & 4 of D.P. Act and pass Counsel for the Petitioners: ALLA RAMA KRISHNA Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents: BURLA SIVA RAMA KRISHNA 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM IA Nos.4 and 5 OF 2026 in/and Criminal Petition No:3663 OF 2026 COMMON ORDER: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein (A1 to A4), seeking to quash the proceedings in Crime No.69 of 2026 of Mogaltur Police Station, West Godavari District, for the offences punishable under Sections 85 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 read with 4 of the Dowry Prohibition Act, 1961. 2. It is represented that both the parties have settled the dispute amicably out of the Court at the intervention of their elders and well-wishers. In view of the settlement arrived between both the parties, they filed IA Nos.4 and 5 of 2026 seeking to permit them to compound the offences and to record the compromise. 3. It is stated by the 2nd respondent-de facto complainant in the affidavit filed in support of IA No.4 of 2026 that as per the advice of the well-wishers and family elders of both sides, she compromised the matter. She further stated in the affidavit that 6 there is no coercion, force or misrepresentation from anybody in giving the said affidavit or in compounding the present case and out of her free will and wish, she was giving the affidavit. 4. Heard learned counsel for the petitioners, learned counsel for respondent No.2 and learned Assistant Public Prosecutor appearing on behalf of respondent-State. 5. In State of M.P. V. Laxmi Narayan1, after perceiving the well-established principles, the Hon’ble Supreme Court held as under: “15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under: 15.1. That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; 15.2. Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; 1 (2019) 5 SCC 688 7 15.3. Similarly, such power is not to be exercised for the offences under the special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; 15.4. Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge-sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paras 29.6 and 29.7 of the decision of this Court in Narinder Singh’2 should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; 2 [Narinder Singh v. State of Punjab, (2014) 6 SCC 466 : (2014) 3 SCC (Cri) 54] 8 15.5.3 While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impact on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise, etc.” 6. In this context, Apex Court, by reiterating the principles in Ram Gopal Vs. State of M.P.4, in its vivid terms expressed as under: 19. We thus, sum up and hold that as opposed to Section 320 Cr.P.C where the Court is squarely guided by the compromise between the parties in respect of offences compoundable within the statutory framework the extraordinary power enjoined upon a High Court under Section 482 Cr.P.C or vested in this Court under Article 142 of Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercise carefully in the context of quashing criminal proceedings bearing in mind: 19.1. Nature and effect of the offence on the conscience of the society; 19.2 Seriousness of injury, if any; 19.3 Voluntary nature of compromise between the accused and the victim; and 3 [Ed.: Para 15.5 corrected vide Official Corrigendum No. F.3/Ed.B.J./22/2019 dated 3-4-2019.]. 4 2024 (14) SCC 531 9 19.4 Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.” 7. Recently, Hon’ble Supreme Court in Naushey Ali and Others Vs. State of Uttar Pradesh and Another5, by dealing with law on the subject, in its clear words affirmed the above principles. 8. Today, when the case is called, both the parties are present before this Court. Learned counsel for the petitioners and the learned counsel for the 2nd respondent identified both the parties in the open Court. This Court questioned the de facto complainant with regard to compromise, and she has categorically stated that she has voluntarily entered into compromise with the petitioners herein. 9. Keeping in view the overall facts and circumstances of the case, coupled with the nature of the offences, as no adverse antecedents or conduct was found against the accused, the parties on their free will and volition, willingly to put a quietus to all their disputes, which will advance peace and harmony among the parties. More so, the cause of administration of the criminal justice system would remain unaffected. 5 (2025) 4 SCC 78 10 10. As such, this Court is inclined to invoke its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 482 Cr.P.C., in the present lis, this Criminal Petition is allowed, and proceedings in Crime No.69 of 2026 of Mogaltur Police Station, West Godavari District is hereby quashed. 11. Accordingly, I.A.Nos.4 and 5 of 2026 and Criminal Petition No.3663 of 2026 are allowed. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 03.09.2026 PSA 11 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM IA Nos.4 and 5 OF 2026 in/and Criminal Petition No:3663 OF 2026 Date: 03.09.2026 PSA