← Library
High Court for State of TelanganaCRLP/41/2020allowed no costs

Talluri Satish And 3 Others v. State Of Telangana And Another

2020-01-24G Sri Devi4 pages

HONOURABLE JUSTICE G. SRI DEVI I.A.No.3 of 2020 In/and CRIMINAL PETITION No. 41 of 2020 ORDER:

1) The petitioners, who are accused Nos.1 to 4 in C.C.No.276 of 2016 on the file of the VII Additional Chief Metropolitan Magistrate, Hyderabad, filed this Criminal Petition under Section 482 Cr.P.C. to quash the proceedings in the above C.C. A charge sheet came to be filed against the petitioners for the offences punishable under Section 304-A of I.P.C. and Section 23 of the Juvenile Justice Act, 2000. 2) Along with the Criminal Petition, I.A.No.3 of 2020 came to be filed by the second respondent to record the compromise. Along with the petition, a joint memo which is signed by both the parties and their counsel, photographs of the parties and Photostat copies of their Aadhar Cards came to be filed.

It is stated in the affidavit that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the Memorandum of Understanding, which is filed along with the main Criminal Petition. As per the Memorandum of Understanding, the petitioners agreed to pay Rs.20,00,000/ - to the parents of the deceased and an amount of Rs.10,00,000/ - was paid by way of cheque No.434156, drawn on Axis Bank Limited, S.R.

Branch, Hyderabad, as advance and the second respondent and the parents of the deceased have acknowledged to receive the same and the balance of Rs.10,00,000/ - shall be paid at the time of closing the pending cases. 3) Today, petitioner Nos.1 to 4, the second respondent and father of the deceased by name Syed Aijaz Hussain present before this Court and they were identified by their respective counsel both the parties are present before this Court and they were identified by their respective counsel. Affidavit of the mother of the deceased by name Syed Tahseen Fatima also filed. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the father of the deceased stated that he had already encashed the cheque No.434156 for Rs.

10,00,000/ - and today the account payee cheque bearing No.434202, dated 02.01.2020 for Rs.10,00,000/ - drawn on Axis Bank, S.R.Nagar Branch, Hyderabad, has been handed over by the petitioners to him. Thus, the second respondent and the parents of the deceased have acknowledged to receive the total amount of Rs.20,00,000/ - towards full and final settlement.

4) In view of the amicable settlement arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.No.3 of 2020 is ordered.

5) Accordingly, the Criminal Petition is allowed in terms of compromise, and the proceedings in C.C.No.276 of 2016 on the file of the VII Additional Chief Metropolitan Magistrate, Hyderabad, against the petitioners are hereby quashed. 6) Miscellaneous petitions, if any, pending, shall stand closed.

________________ JUSTICE G. SRI DEVI 24.01.2020 gkv

HONOURABLE JUSTICE G. SRI DEVI I.A.No.3 of 2020 In/and CRIMINAL PETITION No. 41 of 2020 Dated: 24.01.2020 gkv