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High Court for State of TelanganaCRLP/6670/2016allowed no costs

Srinivas Domakuntla v. The State Of Telangana.,Rep.,Pp

2016-04-28Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.7817 and 7818 OF 2016 & CRIMINAL PETITION No.6670 OF 2016 ORDER:

The above Criminal Petition is filed by the petitioners-accused Nos.1 an 4 under Section 482 Cr.P.C., seeking to quash the proceedings against them in CC No.252 of 2015 on the file of XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The petitioners are alleged to have committed the offences punishable under Sections 498-A, 506 and 406 IPC and 3 & 4 of the Dowry Prohibition Act.

When this matter has been taken up, the petitioners and the 2nd respondent - de facto complainant, 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 case may be quashed. They also filed the above M.Ps., to compound the offences and to permit them to compound the above offences. The 2nd respondent filed an affidavit stating that she has no objection to quash the proceedings in the above CC 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, continuation of proceedings against the petitioners 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 Nos.1 & 4 in CC No.252 of 2015 on the file of XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed. Accordingly, the above Crl.M.Ps., are ordered and the Criminal Petition is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J April 28, 2016.

KTL