M Sheetal Desai v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.7834 OF 2016 & CRIMINAL PETITION No.6680 OF 2016 ORDER:

The above Criminal Petition is filed by the petitioner-de facto complainant under Section 482 Cr.P.C., seeking to quash the proceedings against respondents 2 to 4 - accused Nos.1 to 3 in CC No.130 of 2013 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad.

The petitioners are alleged to have committed the offences punishable under Sections 498-A, 506, 406 and 120-B r/w.34 IPC and 3 & 4 of the Dowry Prohibition Act.

When this matter has been taken up, the petitioner and the respondents 2 to 4, who appeared before this Court, submitted through their Counsel that due to intervention of elders, they entered into compromise and therefore, the proceedings in the above case may be quashed. The respondents 2 to 4 filed the above M.P., to compound the offences and to quash the proceedings against them. It is submitted by the petitioner in the affidavit filed by her that she has no objection to quash the proceedings in the above CC against the respondents 2 to 4 in view of the compromise. Both the parties filed a joint memo of compromise also.

In view of the compromise arrived at between the parties, continuation of proceedings against the respondents 2 to 4 would be the exercise in futility. In a case of this nature, the Courts would be justified in invoking its inherent jurisdiction, and the technicalities should not be allowed to stand in the way of Courts' power to quash the criminal proceedings even in the case of non-compoundable offences.

In the above circumstances and in view of the compromise, this Court feels that it is just and proper to quash the proceedings against

the respondents 2 to 4 herein. Hence, the above Crl.M.P. is ordered, and the proceedings against the respondents 2 to 4 - Accused Nos.1 to 3 in CC No.130 of 2013 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed. Accordingly, the above Crl.M.P., is ordered and the Criminal Petition is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J April 28, 2016.

KTL