Sri.Vadate Kishan, v. The State Of Telangana,
HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. No.3262 OF 2017 IN/AND CRIMINAL PETITION No.3125 OF 2017 COMMON ORDER:
Criminal Petition No.3125 of 2017 is filed by the petitioners 1 & 2/accused Nos.1 & 2 under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in Sessions Case No.555 of 2013 on the file of V-Additional Metropolitan Sessions Judge, Hyderabad, for the offences punishable under Sections 354, 448 & 506 of IPC read with Section 34 of IPC. 2.
Criminal Petition M.P. No.3262 of 2017 is filed under Section 320 of Cr.P.C. along with affidavit of the 2nd respondent/de facto complainant, Smt. Gunja Seshamma, to permit her to enter into compromise with the petitioners 1 & 2/accused Nos.1 & 2 in the aforesaid Sessions Case. The parties have also filed Joint Memo signed and affirmed by them. They request to permit them to compromise the matter and to compound the offences, and consequently to quash the proceedings against the petitioners 1 & 2/accused Nos.1 & 2 stating that with the intervention of the elders and well-wishers, they entered into a Memorandum of Under Standing, dated 11.2.2017, under which the petitioners 1 & 2 / accused Nos.1 & 2 agreed to pay an amount of Rs.1,00,000/- towards full and final settlement and accordingly the same was deposited with her counsel.
3. The 2nd respondent/de facto complainant - Smt. Gunja Seshamma, accused Nos.1 & 2, as well as their counsel are present and the parties are identified by their respective counsel, Smt. M. Santhi Kumari and Sri K.L.B. Kumar. The parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.
4. On being asked, 2nd respondent/de facto complainant in the Criminal Petition has expressed that she has no grievance of any kind against the petitioners 1 & 2 /accused Nos.1 & 2.
5. Since both parties have affirmed the terms of the Joint Memo and request to record the compromise compounding the offences against the accused Nos.1 & 2 and to quash the proceedings as the same falls within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, Criminal Petition M.P. No.3262 of 2017 is allowed recording the compromise between the parties in terms of the Joint Memo and compounding the offences against the accused Nos.1 & 2.
6. Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the accused in Sessions Case No.555 of 2013 on the file of V-Additional Metropolitan Sessions Judge, Hyderabad. The Joint Memo and 1 2012 (10) SCC 303
Memorandum of Understanding, dated 11.2.2017, entered into by the parties shall form part of the record.
As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition shall stand closed.
__________________________ A. SHANKAR NARAYANA, J Dt. 20.04.2017 gbs