Devada Sai Hari Gowtham Dora, v. State Of Andhra Pradesh

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P.No.3405 of 2017 IN/AND CRIMINAL PETITION No.3402 OF 2017 COMMON ORDR:

Criminal Petition No.3402 of 2017 is filed by the petitioners - accused Nos.1 to 5, under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in Calender Case No.709 of 2016 on the file of the Additional Judicial Magistrate of First Class, Srikakulam.

2. Criminal Petition M.P.No.3405 of 2017 is filed to permit the parties to compromise. Along with this M.P., Joint Compromise Memo, dated 24.04.2017, signed and affirmed by both parties, and also the Compromise Deed, dated 30.08.2016, entered into between the 1st petitioner-accused No.1 and the de facto complainant, are filed.

3. The de facto complainant and the petitioners - accused are present and they are identified by their respective counsel, Sri Tarlada Vinod Kumar, learned counsel for the petitioners, and Sri T.Rajasekhar Rao, learned counsel for the de facto complainant. The parties have produced Photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.

4. On being asked, the de facto complainant and petitioners report that with the intervention of the elders and well-wishers, they have compromised the matter and, to that effect, they have filed Joint

ASN,J Crl.P.No.3402 of 2017 Compromise Memo and the Compromise Deed, referred to above, and request the Court to permit them to enter into compromise and, consequently, to quash the proceedings against the petitioners, as per the terms of compromise and as affirmed by the parties, the de facto complainant joined her husband and both are leading marital life.

5. Since both parties have affirmed the terms of the compromise and request to permit them to enter into compromise and to quash the proceedings in the aforesaid Calendar Case, in view the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, the parties are permitted to enter into compromise by allowing Criminal Petition M.P.No.3405 of 2017.

6. Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the petitioners-accused in C.C.No.709 of 2016 on the file of the Additional Judicial Magistrate of First Class, Srikakulam. The terms of compromise in the Joint Compromise Memo dated 24.04.2017 and the Compromise Deed dated 30.08.2016, entered into by the parties, shall form part of the record.

7. As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

__________________________ A. SHANKAR NARAYANA, J April 26, 2017.

V V 1 2012 (10) SCC 303