Mohammed Aqheel Hyd And 3 Othrs v. P.P. Hyd And 2 Othrs

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.6724 & 6725of 2016 & Criminal Petition No.5529 of 2016 ORDER:

The above Criminal Petition is filed by the petitioners-accused under Section 482 Cr.P.C., seeking to quash the F.I.R. No.202 of 2014 on the file of the XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

The petitioners are alleged to have committed the offences punishable under Sections 147, 148, 307 read with Section 149 I.P.C. and Section 7(1) of Criminal Amendment Act.

When this matter has been taken up, the petitioners and the Respondents Nos.2 and 3, who appeared before this Court, submitted through their Counsel that due to intervention of elders, they entered into compromise and therefore, the proceedings in the above F.I.R. may be quashed. They filed the above M.Ps., to permit them to compromise the matter and also to record the compromise. The 2nd respondent-de facto complainant filed an affidavit to the effect that he has no objection to quash the proceedings in the above crime against the

petitioners in view of the compromise.

The 3rd Respondent also filed an affidavit to the effect that he has no objection to quash the proceedings in the above crime against the petitioners in view of the compromise. Both the parties filed a joint memo of compromise also. In view of the compromise arrived at between the parties, the continuation of proceedings against the petitioners-accused would be the exercise in futility. In a case of this nature, the Courts would be justified in invoking its inherent jurisdiction, and the technicalities should not be allowed to stand in the way of Courts' power to quash the criminal proceedings even in the case of non-compoundable offences.

In the above circumstances and in view of the compromise, this Court feels that it is just and proper to quash the proceedings against the petitioners herein. Hence, the above Crl.M.Ps are ordered, and the proceedings against the petitioners-Accused in F.I.R. No.202 of 2014 on the file of the XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are quashed. The petitioners are directed to pay Rs.3,000/- (Rupees Three Thousand only) towards costs to the Telangana State Legal Services Authority.

Accordingly, the above Crl.M.Ps are ordered and the Criminal Petition is allowed.

Consequently, miscellaneous petitions pending, if any, shall stand

closed.

The Registry is directed to issue a copy of this order to the parties concerned, after furnishing receipt of payment of costs.

_________________ RAJA ELANGO, J April 19, 2016 skmr