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High Court for State of TelanganaCRLP/8058/2015allowed no costs

Pottapu Aravind (Wrongly Shown As Pothepu Aravind In Fir) v. The State Of A.P.,Rep.,Pp

2015-08-13B.Siva Sankara Rao3 pages

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P.M.P No.8102 of 2015 IN/ AND Crl.P. No.8058 of 2015 COMMON ORDER :

This Criminal Petition is filed by the petitioner/ accused under Section 482 Cr.P.C seeking to quash the proceedings of Crime No.43 of 2014 of Prakash Nagar Police Station, Rajahmundry Urban, East Godavari District, outcome of report of 2nd respondent-de facto complainant registered by the 1st respondent for the offences punishable under Sections 354(D) (2), 506, 507 and 509 IPC and Section 66A of Information Technology Act, 2000 (as amended in 2008).

2) Pending disposal of the Criminal Petition, the 2nd respondent-de facto complainant and petitioner/ accused are present and filed a joint memo in Crl.P. M.P. No.8102 of 2015 with memorandum of compromise and affidavit of de facto complainant stating that they have settled the matter out side the Court in the welfare of both parties and particularly in the interest of the 2nd respondent-de facto complainant, thereby sought for permission to compound the offences.

3) Perused.

4) Having regard to the above, the offence under Section 66-A of Information Technology Act no where

survives since it is struck down by the Hon'ble Supreme Court in Shreya Singhal vs Union of India[1], and coming to the other offences, including the offence under Section 354 (D) (2) of IPC, which is not compoundable under Section 320 Cr.P.C, to sub-serve the ends of justice by invoking Section 482 Cr.P.C, permission is accorded. Accordingly, the Crl.P.M.P. No.8102 of 2015 is ordered and the offences (supra) are compounded.

5) Consequently, the Criminal Petition is allowed and all the proceedings relating to Crime No.43 of 2015 of Prakash Nagar Police Station, Rajahmundry Urban, East Godavari District, is quashed.

The bail bonds of the petitioner/ accused, if any, shall stand cancelled.

6) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J 13.08.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

Crl.P.M.P No.8102 of 2015 IN/ AND Crl.P. No.8058 of 2015 Date:13.08.2015 knl [1] AIR 2015 SC 1523