Janga Raghava Reddy v. Kanukurthi Shivasagar
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO I.A.Nos.2 and 4 of 2018 in Crl.P.No.4809 of 2018 and Crl.P.No.4809 of 2018 COMMON ORDER:
Criminal Petition No.4809 of is filed by petitioners/Accused Nos. 1 and 2 seeking to quash the proceedings against them in Cr.No.52 of 2018 of Madikonda PS, Warangal registered for the offences under Sections 341, 323, 506 and 379 r/w 34 IPC.
2) Brief facts of the complaint are that on 17.04.2018, when the complainant, JCB Driver and Supervisor were fitting the machine to the JCB to start the pipeline work at Old Police Station, Madikonda, A2-the road Supervisor came to the spot and stopped the work, abused them in filthy language and forcibly took away the JCB key. When they asked about the key, A2 telephoned to some other person and at about 10.30 AM, A1-the road contractor came to the spot, abused them in filthy language, beat them indiscriminately on the face and stomach and threatened to kill them and took away JCB from the spot. Basing on the said compliant police registered a case in Cr.No.52 of 2018.
3) Investigation is reported to be pending.
4) While so, petitioners/Accused Nos.1 and 2 and de-facto complainant filed I.A.Nos.2 and 4 of 2018 seeking permission of this
Court to compound the offence on the submission that both the parties have amicably resolved all their disputes at the intervention of elders. 5) Today, parties present and they are identified by their respective counsel.
6) On enquiry by this Court, the de-facto complainantKanukurthi Shivasagar and respondents 3 to 5-Degambarme Gajender, Earla Krishna Sai and Gondi Shiva Sai, who are also victims in the said offence, have submitted that they have no objection for compounding the offences.
7) It is seen that offences under Sections 341, 323, 506, 379 r/w 34 IPC are compoundable offences. Considering it and in view of the submission that they have amicably settled the disputes and want to lead peaceful life and as the case has no repercussion on the society, I.A.Nos.2 and 4 of 2018 are allowed and permission is accorded to the parties to compound the offence and consequently, Crl.P.No.4809 of 2018 is allowed and the proceedings in Crime No.52 of 2018 are quashed against petitioners/Accused Nos.1 and 2 and they are acquitted of the offences for which they have been charged. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J Date: 01.05.2018 Murthy