Karra Somireddy v. Vallapaneni Laxmi

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.2053 & 2054 OF 2017 IN/AND CRIMINAL PETITION No.2137 OF 2017 COMMON ORDR:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), is filed by the petitioners - accused Nos.1 to 12 seeking to quash the proceedings against them in C.C. No.579 of 2014 on the file of Judicial Magistrate of First Class, Suryapet, Nalgonda District, for the offences punishable under Sections 341, 323 and 363 of IPC read with Section 34 of IPC.

2.

Criminal Petition M.P. No.2054 of 2017 is filed by the de facto complainant, Smt. Vallapanei Laxmi, under Section 320 (6) of the Code along with affidavit of de facto complainant, to permit her to enter into compromise with the petitioners - accused Nos.1 to 12 in the aforesaid Calendar Case stating that with the intervention of the elders, they settled the matter between them, outside the Court, in terms of the compromise.

2.

Criminal Petition M.P. No.2053 of 2017 is filed by the de facto complainant, Smt. Vallapanei Laxmi, under Section 320 (2) of the Code along with 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 all the accused stating

that with the intervention of the elders, they settled the matter between them, outside the Court, in terms of the compromise. 4.

The de facto complainant, accused Nos.1 to 12, as well as their counsel are present and the parties are identified by their respective counsel, Sri T.Pavan Kumar and Sri A. Sharath Chandra The parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.

5. On being asked, the de facto complainant and the victim who is injured and cited as L.W.2 by name Jodumanthala Venkatda Lakshmi have expressed that they have no grievance any kind against all the petitioners - accused Nos.1 to 12 and they have compromised the matter through the intervention of the elders between them in terms of the compromise and to that effect they have also filed Joint Memo entered into by them and request the Court to record the compromise compounding the offences against accused Nos.1 to 12, and, consequently to quash the proceedings.

6.

Since both the parties have affirmed the terms of the Joint Memo and request to record the compromise compounding the offences against all 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. 1 2012 (10) SCC 303

Nos.2053 and 2054 of 2017 are allowed recording the compromise between the parties in terms of the Joint Memo and compounding the offences against all the accused.

7.

Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against all the accused in C.C. No.579 of 2014 on the file of the Judicial Magistrate of First Class, Suryapet, Nalgonda 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 stand closed.

__________________________ A. SHANKAR NARAYANA, J Dt. 04.04.2017 gbs