M.A. Abrar , Soffian, v. The State Of Telangana,
THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.No.4752 OF 2016 & CRIMINAL PETITION No.4209 OF 2016 ORDER:
The above Criminal Petition is filed by the petitioner-accused under Section 482 Cr.P.C., seeking to quash the proceedings against them in Crime No.515 of 2015 on the file of Women Police Station, CCS, Hyderabad, registered for the offences punishable under Sections 498-A, 406 and 354 IPC and 4& 6 of the Dowry Prohibition Act.
The 2nd respondent - de facto complainant is the wife of the 1st petitioner. The allegations against the petitioners are that they harassed the de facto complainant mentally and physically demanding additional dowry.
When this matter is taken up for hearing, the petitioners and the 2nd respondent-de facto complainant, who appeared before this Court, submitted through their Counsel that due to intervention of the elders, they entered into compromise and therefore, the proceedings in the above crime may be quashed. The 2nd respondent - de facto complainant filed an affidavit to that effect. Both the parties filed a joint memo of compromise also.
In view of the compromise arrived at between the parties, continuation of proceedings against the petitioners-accused in the above crime, would be the exercise in futility. In a case of this nature, the Courts would be justified in invoking its inherent jurisdiction, and the technicalities should not be allowed to stand in the way of Courts' power to quash the criminal proceedings even in the case of noncompoundable offences. In the above circumstances and in view of the compromise, this Court feels that it is just and proper to quash the proceedings against
the petitioners herein in the above crime.
Accordingly, the Crl.M.P. is ordered and the Criminal Petition is allowed quashing the proceedings against the petitioners-Accused in Crime No.515 of 2015 on the file of Women Police Station, CCS, Hyderabad. The petitioners are directed to pay Rs.3,000/- (Rupees Three Thousand only) towards costs to the Telangana State Legal Services Authority, Hyderabad.
Consequently, miscellaneous petitions pending if any, shall stand closed.
The Registry is directed to issue a copy of this order to the parties concerned, after furnishing receipt of payment of costs. ______________ RAJA ELANGO, J March 29, 2016.
KTL