High Court for State of TelanganaCRLP/563/2017allowed no costs

Kodirekka Mattaiah v. The State Of Telangana,

2017-01-27A.Shankar Narayana3 pages

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL M.P. No.520 OF 2017 IN/AND CRIMINAL PETITION No.563 OF 2017 COMMON ORDR:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners - accused Nos.1 to 6 viz., Kodirekka Mattaiah, Kodirekka Swaroopa, Nune Naga laxmi, Kodirekka Somulu, Kodirekka Jyothi and Kodirekka Naresh seeking to quash the proceedings against them in Crime No.296 of 2016 of Miryalguda I - Town Police Station, Nalgonda District, registered for the offences punishable under Sections 452, 324, 323, 506 and 504 read with Section 34 of the Indian Penal Code, 1860 (IPC).

2. Compromise Petition in Criminal M.P. No.520 of 2017 is filed by the petitioners under Section 320(6) of the Code of Criminal Procedure, 1973, along with the affidavit of the de facto complainant - respondent No.2 and the Joint Memo signed by both parties requesting to record the compromise in terms of the Memorandum of Understanding entered into between the parties which is filed in the main petition, and to quash the present proceedings against them.

3. Both parties as well as their counsel are present and the parties are identified by their respective counsel, Sri T. Venkat Raju

ASN,J Crl.P. No.563 of 2017 Goud and Sri M. Vijaya Kumar Goud. The parties have also produced photostat copies of their respective "Aadhaar Cards" in proof of their identity.

4. On being asked, the de facto complainant and the petitioners report that they have compromised the matter through the intervention of the elders to live amicably and to that effect they have also filed the Memorandum of Undertaking referred to above entered into between the parties with certain terms and conditions signed and affirmed by both parties and request the Court to record the compromise and quash the proceedings against the petitioners.

5. Since both the parties have affirmed the terms of the Memorandum of Understanding referred to above and request to record the compromise and to quash the impugned proceedings against the petitioners and in view of the law declared by the Hon'ble Supreme Court in Gian Singh v. State of Punjab, Criminal M.P. No.520 of 2017 is allowed recording the compromise between the parties to enable the parties to live amicably.

6. Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioners in Crime No.296 of 2016 of Miryalguda I - Town Police Station, Nalgonda District. The original Memorandum of Undertaking between the parties shall form part of the record.

ASN,J Crl.P. No.563 of 2017 As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

__________________________ A. SHANKAR NARAYANA, J January 27, 2017.