Smt.Kiran, v. The State Of Telangana,
HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. No.2030 OF 2017 IN/AND CRIMINAL PETITION No.2121 OF 2017 COMMON ORDR:
The present Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), is filed by the petitioner - accused seeking to quash the proceedings in Calendar Case No.558 of 2014 on the file of Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offence punishable under Section 380 of I.P.C.
2.
Criminal Petition M.P.No.2030 of 2017 is filed by the 2nd respondent/de facto complainant, Smt. Sneha, under Section 320 (2) of Cr.P.C. requesting her to enter into compromise with the sole petitioner/accused on the ground that they are co-sisters and they intend to live amicably by settling their differences and, therefore, prays to quash the proceedings in the criminal petition. 3.
The 2nd respondent/de facto complainant and the sole petitioner -accused are present and identified by their respective Counsel, Sri Rudresh Deshpande and Sri K. Sunil Goud. The parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle. 4.
The de facto complainant and the petitioner/accused in the criminal petition would affirm the contents mentioned in the joint memo filed along with Criminal Petition M.P. No.2030 of 2017 duly
signed by both the parties and their respective counsel, requesting to permit the parties to compromise the matter, and to compound the offences, and consequently to quash the proceedings against the accused stating that with the intervention of the elders, they settled the matter between them, outside the Court, in terms of the compromise. 5.
Since both the parties have affirmed the terms of the Joint Memo and request to record the compromise and in view of the fact that though, the offence punishable under Section 380 of IPC is clutched, which relates to involvement of moral turpitude, but, keeping in view that both are co-sisters and also living together amicably by resolving the differences, compromise is permitted and Criminal Petition M.P. No.2030 of 2017 is allowed recording the compromise between the parties in terms of the Joint Memo and compounding the offences against the accused. 6.
Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the accused in Calendar Case No.558 of 2014 on the file of Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offence punishable under Section 380 of I.P.C. The Joint Memo entered into between the parties shall form part of the record.
As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.
__________________________ A. SHANKAR NARAYANA, J Dt. 10.03.2017 gbs