Satish Kolhapure v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.M.P. No.742 of 2015 & Criminal Petition No.7596 of 2013 ORDER:

The petitioners - accused filed this Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the complaint in Crime No.132 of 2012, dated 25-07-2012 on the file of the Mahankali Police Station, Hyderabad to the extent of petitioners herein.

On earlier occasion, the de facto-complainant compounded the offence as far as other accused is concerned. The petitioners herein are bank officials. The petitioners herein are added as accused by invoking the provisions under Section 120(B) I.P.C. The petitioners herein filed Crl.P.M.P. No.742 of 2015 seeking to record the compromise reached between the petitioners herein and the Respondent No.3 herein regarding the subject matter. The affidavit of the Respondent No.3 filed along with the petition would disclose that at the instance of elders and well-wishers, they have settled the matter out of court and he has no objection for quashing the proceedings against petitioners - accused.

The petitioners - accused and the third respondent are present before this Court and produced their identities and the same are verified by the learned Addl. Public Prosecutor. The third respondent stated that on the advice of elders and well-wishers, himself and petitioners have compromised the matter out of Court and therefore he intends to withdraw the criminal proceedings pending against petitioners with free will and consent and there is no coercion or undue influence from any side for the same. The learned Addl. Public Prosecutor submitted that there is no objection to quash the proceedings inasmuch as both the parties settled the matter amicably. In the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against petitioners would serve no purpose and invoking the provisions under Section 482 Cr.P.C. criminal proceedings pending against petitioners can be quashed by compounding the offences.

Accordingly, Crl.P.M.P. No.742 of 2015 is ordered. Consequently, the Criminal Petition is allowed and the proceedings in Crime No.132 of 2012, dated 25-07-2012 on the file of the Mahankali Police Station, Hyderabad to the extent of petitioners herein are hereby quashed. The affidavit of the third respondent and the Joint Memo filed into Court be made as part of this order. Miscellaneous Petitions, if any, pending in this criminal petition shall stand closed.

__________________ RAJA ELANGO, J 09th September, 2015 skmr