Mallepula Subash v. The State Of Telangana

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. No.3058 OF 2017 IN/AND CRIMINAL PETITION No.3092 OF 2017 COMMON ORDER:

Criminal Petition No.3092 of 2017 is filed by the petitioner/accused under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in Crime No.207 of 2016 on the file of Station House Officer, Utnoor Police Station, Adilabad District, for the offences punishable under Section 3 (1) (r) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 290 of IPC. 2.

Criminal Petition M.P. No.3058 of 2017 is filed under Section 320 (6) of Cr.P.C. along with affidavit of the 2nd respondent/de facto complainant Sri Indrapu Anjaiah, to permit him to enter into compromise with the petitioner/accused in the aforesaid Crime. The parties have also filed Joint Memo signed and affirmed by them. They request to permit them to compromise the matter and to compound the offences, and consequently to quash the proceedings against the petitioner/accused stating that with the intervention of the elders and well-wishers the matter has been amicably settled.

3. The de facto complainant - Indrapu Anjaiah, accused, as well as their counsel are present and the parties are identified by their respective counsel, Sri B. Jithender and Sri Rudresh Deshpande. 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, 2nd respondent/de facto complainant in the Criminal Petition has expressed that he has no grievance of any kind against the petitioner/accused.

5. Since both parties have affirmed the terms of the Joint Memo and request to record the compromise compounding the offences against the accused and to quash the proceedings as the same falls within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, Criminal Petition M.P. No.3058 of 2017 is allowed recording the compromise between the parties in terms of the Joint Memo and compounding the offences against the accused.

6. Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the accused in Crime No.207 of 2016 on the file of Station House Officer, Utnoor Police Station, Adilabad District. The Joint Memo entered into between 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. 20.04.2017 gbs 1 2012 (10) SCC 303