Ch. Lakshmi v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.MP.No.5907 of 2016 & Crl. P. No.3789 of 2016 Crl.MP.No.5905 of 2016 & Crl. P. No.3823 of 2016 Crl.MP.No.5908 of 2016 & Crl. P. No.3125 of 2016 Crl.MP.No.5906 of 2016 & Crl. P. No.887 of 2015 Crl.MP.No.5904 of 2016 & Crl. P. No.6152 of 2015 COMMON ORDER:

The above Criminal Petitions are filed by the petitioners-accused Nos.1 to 5, respectively, under Section 482 Cr.P.C., seeking to quash the proceedings against them in CC No.358 of 2015 on the file of the XV Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad.

All the above criminal petitions arising out of the same CC, and hence, they are disposed of by this common order. The petitioners are alleged to have committed the offences punishable under Sections 498-A, 420 and 506 IPC and 4 & 5 of the Dowry Prohibition Act.

When this matter has been taken up, the petitioners and the 2nd respondent, who appeared before this Court, submitted through their Counsel that due to intervention of the elders, they entered into compromise and therefore, the proceedings in the above case may be quashed. The 2nd respondent, wife of A1, filed an affidavit to the effect that she has no objection to quash the proceedings in the above CC against the petitioners in all the above petitions, in view of the compromise.

In view of the compromise arrived at between the parties, continuation of proceedings against the petitioners-accused Nos.1 to 5, respectively, 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 in the above five petitions. Hence, the above Crl.M.Ps. are ordered, and the proceedings against the petitioners-Accused Nos.1 to 5 in CC No.358 of 2015 on the file of Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad, is hereby quashed. The petitioners are directed to pay Rs.5,000/- (Rupees Five Thousand only) towards costs to the Telangana State Legal Services Authority, Hyderabad.

Accordingly, the above Crl.M.Ps. are ordered and the above five Criminal Petitions are 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 March 23, 2016.

KTL