Dilip Sodani (Dileep) And ANR v. The State Of Ts., Rep. By P.P. And Another

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRL.M.P.No.14230 of 2017 and CRIMINAL PETITION No.3958 of 2017 COMMON ORDER The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Cr.No.3 of 2017 of Pegadapalli Police Station, Jagtial District, registered for the offences punishable under Sections 420 and 406 IPC, against petitioners/A1 and A2.

2.

Crl.M.P.No.14230 of 2017 is filed under Section 320(6) of Cr.P.C., by both parties seeking leave of this Court to compound the offences and to record compromise as the matter was settled out of the Court due to intervention of the elders and quash the proceedings in the aforesaid crime.

3.

Today, when the matter came up for hearing, the second respondent/de-facto complainant and petitioners/A1 and A2 are present and are identified by their respective counsel. They filed photostat copies of Aadhar cards in proof of their identity. The terms and conditions of the joint compromise memo are read over and explained to them, for which, they admitted that they are true and correct and the compromise is voluntary in the interest of both the parties.

4. Though the offences alleged against the petitioners are noncompoundable, by exercising jurisdiction under Section 482 of Cr.P.C., and following the principles laid down in Parbatbhai Aahir and others V. State of Gujarat and others1 and as the offences are not against the society, permission is accorded to compound the offences alleged against the petitioners.

1 (2017)9 SCC 641

5. Having regard to the facts and circumstances of the case and also the principle enunciated in the decision cited supra, I am of the considered opinion that it is a fit case to quash the proceedings.

6. In the result, the Crl.M.P., is ordered. Consequently, the Criminal Petition is allowed and the proceedings in Cr.No.3 of 2017 of Pegadapalli Police station, Jagtial district, are quashed against petitioners/A1 and A2. Miscellaneous petitions, if any, pending in the criminal petition, shall stand closed.

___________________________ M. SATYANARAYANA MURTHY J 4th January, 2018 sj