Mohd Khaja Moinuddin And 3 Others v. The State Of Telangana And Another

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.4607 and 4608 OF 2016 & CRIMINAL PETITION No.4097 OF 2016 ORDER:

The above Criminal Petition is filed by the petitioners-A1 to A4 under Section 482 Cr.P.C., seeking to quash the proceedings against them in C.C.No.357 of 2012 on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad.

The petitioners are alleged to have committed the offences punishable under Sections 498-A and 406 r/w 34 IPC and Sections 4 and 6 of the Dowry Prohibition Act.

When this matter has come up, the 2nd respondent-de facto complainant and the petitioners, who appeared before this Court, represented through their Counsel that due to intervention of elders, they entered into compromise and therefore, the proceedings in the above crime may be quashed. The 2nd respondent-de facto complainant also filed an affidavit to that effect. Both the parties filed a joint memo of compromise also.

In view of the compromise arrived at between the parties, the continuation of the proceedings against the petitioners-A1 to A4 would be the exercise in futility. 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 noncompoundable offences. In the above circumstances and in view of the compromise, this Court is of the view 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-A1 to A4 in C.C.No.357 of 2012 on the file of XV Additional chief Metropolitan Magistrate, Hyderabad, are quashed. The petitioners are directed to pay together a sum of Rs.3,000/- (Rupees Three Thousand only) towards costs to the Telangana State Legal Services Authority, Hyderabad. The Registry is directed to issue a copy of this order

to the parties concerned after furnishing a receipt of payment of costs. Accordingly, the above Crl.M.Ps are ordered and the Criminal Petition is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 28.03.2016 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.4607 and 4608 OF 2016 & CRIMINAL PETITION No.4097 OF 2016 Dated 28th March, 2016.

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