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High Court for State of TelanganaCRLP/1168/2013allowed no costs

Pothuganti Arun, v. The State Of Andhra Pradesh,

2015-09-01Raja Elango2 pages

HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.M.P. No.8936 and 8937 of 2015 & Criminal Petition No.1168 of 2013 ORDER:

The petitioner - accused filed this Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the P.R.C. No.57 of 2011 on the file of Judicial First Class Magistrate, Suryapet, registered for the offences punishable under Sections 417, 420, 493 I.P.C. and Section 3(i)(x) of S.Cs. & S.Ts. (PoA) Act, 1989 The second respondent filed Crl.P.M.P. No.8936 of 2015 and the petitioner - accused filed Crl.P.M.P. No.8937 of 2015 seeking permission of the Court to compound the offences. The affidavit of the second respondent 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 she has no objection for quashing the proceedings against the petitioner - accused.

The petitioner - accused and the second respondent are present before this Court and produced their identities and the same are verified by the learned Addl. Public Prosecutor. The second respondent stated that on the advice of elders and wellwishers, herself and the petitioner have compromised the matter out of Court and therefore she intends to withdraw the criminal proceedings pending against the petitioner with free will and consent and there is no coercion or undue influence from any side for the same.

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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 the petitioner would serve no purpose and invoking the provisions under Section 482 Cr.P.C. criminal proceedings pending against the petitioner can be quashed by compounding the offences.

Accordingly, Crl.P.M.P. Nos.8936 and 8937 of 2015 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in S.C.No.48 of 2015 on the file of the Special Sessions Judge for S.Cs. & S.Ts. Court, Nalgonda, are hereby quashed. The affidavit of the second 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 01st September, 2015 skmr