Mahadev Bhagyakumar v. State Of Ap.,

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.2 0 8 9 of 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/ A.1 to A.5, seeking to quash the proceedings in C.C.No.232 of 2016 on the file of the Principal Judicial Magistrate of First Class, Sompeta, Srikakulam District.

2 .

Heard the learned counsel for the petitioners/ A.1 to A.5, learned Assistant Public Prosecutor representing the 1st respondentState and perused the record. 3 .

The learned counsel for the petitioners/ A.1 to A.5 would submit that the instant case is squarely covered by the decision of the Apex Court in Raj esh Sh ar m a an d Ot h er s Vs. St at e of U.P. an d An ot h er 1 4 .

In view of the orders of this Court, dated 31.07.2017, passed in Criminal Petition No.6493 of 2017 relying upon the latest TwoJudge Bench expression of the Apex Court, dated 27.07.2017, in Criminal Appeal No.1265 of 2017 (SLP (Crl.) No.2013 of 2017) in Raj esh Sh ar m a's case supra, the learned Magistrate is directed to refer the matter to the Committee constituted in terms of the above referred decision, for report, to consider any reconciliation and settlement; and, if it is not settled, then to proceed with the trial of the case.

5 .

The Criminal Petition is disposed of accordingly. 1 2017 (2) ALT (Crl.) 393 (SC)

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

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 21st February, 2018 Bvv