B. Deleep v. State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.4507 & 4508 of 2016 & Criminal Petition No.2695 of 2015 ORDER:

The above Criminal Petition is filed by the petitioners-accused under Section 482 Cr.P.C., seeking to quash the proceedings against them in C.C.No.301 of 2014 on the file of the IV Additional Judicial Magistrate of First Class, Tirupathi, Chittoor District.

The petitioners are alleged to have committed the offences punishable under Section 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.

When this matter has been taken up, the petitioners and the 2nd respondent-de facto complainant, who appeared before this Court, submitted through their Counsel that due to intervention of elders, they entered into compromise and therefore, the proceedings in the above case may be quashed. They filed the above M.Ps., to permit them to compromise the matter and also to record the compromise.

The 2nd respondent-de facto complainant filed an affidavit to the effect that she has no objection to quash the proceedings in the above crime

against the petitioners in view of the compromise. Both the parties filed a joint memo of compromise also. In view of the compromise arrived at between the parties, the continuation of proceedings against the petitioners-accused 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 non-compoundable 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. Hence, the above Crl.M.Ps are ordered, and the proceedings against the petitioners-Accused in C.C.No.301 of 2014 on the file of the IV Additional Judicial Magistrate of First Class, Tirupathi, Chittoor District, are quashed. The petitioners are directed to pay Rs.3,000/- (Rupees Three Thousand only) towards costs to the Andhra Pradesh State Legal Services Authority. Accordingly, the above Crl.M.Ps are ordered and the Criminal Petition is allowed.

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 skmr