Abdul Razaq , Aslam v. Amerullah Khan

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.P.M.P.Nos.7470 & 7471 of 2016 IN/AND Crl.P.No.6369 OF 2016 COMMON ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, by the petitioner/accused seeking to quash the proceedings in C.C.No.941 of 2013 on the file of the VIII Additional Chief Metropolitan Magistrate at Hyderabad.

2. Heard and perused the material on record.

3. The offence alleged against the petitioner is punishable under Section 326 I.P.C. During pendency of the petition, the de facto complainant filed Crl.P.M.P.Nos.7470 and 7471 of 2016 to permit him to compound the offence and to compromise the matter by recording the compromise entered into between himself and the accused.

He also filed a joint memo for compromising the matter.

4. Both parties are present and they are identified by their respective counsel. In view of the compromise arrived at between the parties, the continuation of proceedings against the petitioner/accused would be an 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.

5. 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 petitioner herein.

6. Accordingly, Crl.P.M.P.Nos.7470 and 7471 of 2016 are ordered and the Criminal Petition is allowed quashing the proceedings in C.C.No.941 of 2013 on the file of the VIII Additional Chief Metropolitan Magistrate at Hyderabad.

7. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 29.4.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

Crl.P.M.P.Nos.7470 & 7471 of 2016 IN/AND Crl.P.No.6369 OF 2016 Date: 29.4.2016 AMD