IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.1348 of 2010 DATE:07.04.2010 Between: Kota Chandra Shekar and 3 others. …… Petitioners/Accused. And: State of A.P., rep. by Public Prosecutor And 2 others …..Respondents. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.1348 of 2010 ORDER: The petitioners who are A-1 to A-4 in Crime No.23 of 2010 and who are accused of offence punishable under Section 498- A/34 I.P.C, filed this petition for quashing F.I.R in Crime No.23 of 2010 of Veeravasaram Police Station. 2) Now, the petitioners and the 3rd respondent/defacto- complainant appear before this Court in this petition and seek recording of compromise between them and thereafter close F.I.R. 3) Recording of compromise between the parties in a petition under Section 482 Cr.P.C is unknown, and that too at crime stage. Compounding of offences either under Section 320(1) or Section 320(2) Cr.P.C is contemplated only in a case which was taken cognizance by the Magistrate or in appeal against conviction or acquittal. This inference is inevitable having regard to the fact that Sub-Section (8) of Section 320 Cr.P.C reads that composition of an offence under this section has the effect of acquittal of the accused. The question of recording acquittal by a Court arises only when the offence was taken cognizance by the Court. Therefore, this Court is of the opinion that there can be no recording of compounding of the offence by a Court before taking cognizance and when the crime is still pending with the police for investigation. 4) The petitioners’ counsel placed reliance on Prasad Singh Paradeshi V. State of A.P.[1]of this Court. But, it was a decision rendered by this Court when the charge sheet was taken on file by the Magistrate i.e., after taking cognizance of the offences by the Magistrate. 5) It is open to the parties to approach the police with whom the crime is pending investigation and report compromise or compounding of the offence between them. In such a situation, the investigating officer will record second or further statement of the victim/2nd respondent and will proceed with the matter in accordance with law and having regard to the second or further statement given by the victim/2nd respondent. 6) Hence, the petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J April 7, 2010 KSH [1] 1997(1) ALD (Crl.) 629 (AP)