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High Court for State of TelanganaWP/41848/2016allowed no costs

Gugloth Vignana, S/O. Balu, v. The State Of Andhra Pradesh,

2016-12-01Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41848 OF 2016 ORDER:

1.

This petition is filed by the petitioners under Article 226 of the Constitution of India, seeking to quash the proceedings against them in FIR No.94 of 2016 on the file of Coringa Police Station, East Godavari District, in view of the compromise deed dated 21.11.2016. 2.

When this matter is taken up, the petitioners and the 3rd respondentcomplainant, who appeared before this Court, submitted through their respective Counsel that they entered into compromise on the intervention of elders and therefore, the proceedings in the above Crime may be quashed. The 3rd respondent-complainant submitted that as the 1st petitioner married another lady, she does not want to proceed further against the petitioners.

3.

In view of the statement of the 3rd respondent and the compromise between the parties vide compromise deed dated 21.11.2016, the continuation of the proceedings against the petitioners-accused would be the exercise in futility. In a case of this nature, the technicalities should not be allowed to stand in the way of Courts' power to quash the criminal proceedings involving non-compoundable offences. 4.

Considering the above circumstances, this Court feels that it is just and proper to quash the proceedings against the petitioners herein. Hence, the proceedings against the petitioners in Crime No.94 of 2016 on the file of Coringa Police Station, East Godavari District are quashed.

5.

Accordingly, the Writ Petition is allowed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 1.12.2016 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41848 OF 2016 Dated 1st December, 2016.

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