Kandula Mahesh v. State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI I.A.No.2 of 2020 In/and CRIMINAL PETITION No. 1202 of 2020 ORDER:

The petitioners-accused in S.C.No.93 of 2020 on the file of the Assistant Sessions Judge, Bhongir, filed this Criminal Petition under Section 482 Cr.P.C. to quash the proceedings in the above S.C. A charge sheet came to be filed against the petitioners for the offences punishable under Sections 143, 147, 341 and 307 r/w 149 IPC.

2. The de facto complainant, the injured-K.Naveen and the accused are personally present before this Court. The parties are duly identified by their respective counsel. For the purpose of identification, they also filed Aadhar Cards and photographs, which have also been duly identified/attested by their respective counsel. The parties also filed I.A.No. 2 of 2020 to compromise the matter. The parties also filed joint memo supported by the affidavit of the de facto complainant-2nd respondent. The joint memo and the affidavit have been duly signed by the respective parties and their signatures have been identified/attested by their respective counsel.

3.

According to the contents of the affidavit and the joint memo, the de facto complainant has filed a complaint

against the accused, basing on which FIR No.52 of 2019 was registered against the accused, who are present before this Court today, for the offences punishable under Sections 143, 147, 341 and 307 r/w 149 IPC and the police after completion of investigation, submitted charge sheet. Thereafter, the case was committed to the Court of Sessions and the same was numbered as S.C.No.93 of 2020 on the file of the Assistant Sessions Judge, Bhongir and the same is pending for disposal. In the mean time, due to intervention of elders and well wishers and common friends of both parties, the parties have sorted out their disputes amicably out of Court and there is no threat or force from the side of the accused on the de facto complainant or injured. Hence, it is prayed to quash the proceedings.

4.

Learned Additional Public Prosecutor representing the State at the time of recording the compromise has submitted that cognizance has been taken under Section 307 IPC, but the injuries found on the victim are simple in nature.

5.

In view of the amicable settlement arrived at between the parties and in view of observations made by the Hon'ble apex Court in GIAH SINGH V STATE OF PUNJAB AND ANOTHER (Special Leave Petition (Crl.) 8989 of 2010), vide

judgment, dated 24.09.2012, the offences are compoundable and the proceedings pending on the file of the Assistant Sessions Judge, Bhongir, Yadadri-Bhongir District (old Nalgonda District) are liable to be quashed.

6. In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.No.2 of 2020 is ordered.

7. Accordingly, the Criminal Petition is allowed in terms of compromise, and the proceedings in S.C.No.93 of 2020 pending on the file of the Assistant Sessions Judge, Bhongir, Yadadri-Bhongir District (old Nalgonda District) against the petitioners-accused are hereby quashed. Miscellaneous petitions, if any pending shall stand closed. _______________________ JUSTICE G. SRI DEVI DATED: 29.02.2020.

Hsd

HONOURABLE JUSTICE G. SRI DEVI I.A.No.2 of 2020 In/and CRIMINAL PETITION No. 1202 of 2020 Dated: 29.02.2020 Hsd