Tunga Nageswara Rao And 2 Others v. The State Of A.P. Rep. Pp And Another

HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRL.P.M.P.Nos.2784 & 2785 of 2017 IN/AND CRIMINAL PETITION No.2824 of 2017 COMMON ORDER:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), is filed by the petitioners - accused seeking to quash the First Information Report in Crime No.117 of 2016 of Elamanchili Police Station, West Godavari District.

Petitioners alleged to have committed offences punishable under Sections 447, 323, 506 (2) read with Section 34 IPC and Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Criminal Petition M.P.No.2784 of 2017 is filed by the petitioners seeking permission to compound the aforesaid offences and Criminal Petition M.P.No.2785 of 2017 is filed by de facto complainant, who is respondent No.2 in the main petition, seeking to record the compromise, respectively.

Both parties and their learned counsel are present and the parties are identified by their respective learned counsel, Sri Dasari SVVSV Prasad and Sri Narasimha Rao Gudiseva. The parties have also produced Photostat copies of their respective "Aadhaar Cards" in proof of their identity.

ASN, J Crl.P.No.2824 of 2017 Perused the affidavit and the joint memo signed by both the parties. The petitioners and respondent No.2 - de facto complainant entered into compromise concerning the aforesaid offences. Since both parties have entered into compromise, affirmed the contents of affidavit filed by the de facto complainant and the parties intend to live peacefully, by resolving all their disputes, compromise is recorded as the dispute falls within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1. In view of the above circumstances, Criminal Petition M.P. Nos.2784 and 2785 of 2017 are allowed and, consequently, the present Criminal Petition is allowed quashing the proceedings against the petitioners - accused in Crime No.117 of 2016 of Elamanchili Police Station, West Godavari District.

The affidavit filed by the de facto complainant 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 April 11, 2017 MRR

1. (2012) 10 SCC 303