Bhupathi Venkata Naresh Babu v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.2807 & 2808 OF 2017 IN/AND CRIMINAL PETITION No.2854 OF 2017 COMMON ORDER:

Criminal Petition No.2854 of 2017 is filed by the petitioner/ accused under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in C.C. No.14 of 2011 on the file of Special Judicial Magistrate of Second Class, Narsapur, West Godavari District, for the offences punishable under Sections 290 & 506 of I.P.C.

2.

Criminal Petition M.P. No.2807 of 2017 is filed under Section 320 (2) of Cr.P.C. to compound the offences under Sections 290 & 506 of IPC in the aforesaid Calendar Case.

3.

Criminal Petition M.P. No.2808 of 2017 is filed under Sectioon 320 (6) of Cr.P.C. by the 2nd respondent/de facto complainant, Sri Grandhi Venkata Rama Rao, along with affidavit of de facto complainant, Joint Memo signed and affirmed by both the parties and their respective counsel, requesting to permit the parties to compromise the matter and to compound the offences, and consequently to quash the proceedings against the accused stating that with the intervention of the elders and well-wishers the matter has been amicably settled.

4. The de facto complainant, accused, as well as their counsel are present and the parties are identified by their respective counsel, Sri Gudiseva Narasimha Rao and Sri Dasari S.V.V.S.V. Prasad. The parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.

5. Since both parties are living amicably having resolved all the disputes and differences at the intervention of the elders and affirmed the terms of the Joint Memo and request to record the compromise compounding the offences against the accused and to quash the proceedings and the dispute falls within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, Criminal Petition M.P. Nos.2807 and 2808 of 2017 are allowed recording the compromise between the parties in terms of the Joint Memo and compounding the offences against all the accused.

6. Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the accused in C.C. No.14 of 2011 on the file of Special Judicial Magistrate of Second Class, Narsapur, West Godavari District. The Joint Memo entered into by the parties, shall form part of the record. As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition shall stand closed.

__________________________ A. SHANKAR NARAYANA, J Dt. 06.04.2017 gbs 1 2012 (10) SCC 303