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High Court for State of TelanganaCRLP/2157/2016allowed no costs

Mogiligidda Prakash Goud v. The State Of Telangana,

2016-02-22Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.2133 & 2134 OF 2016 & CRIMINAL PETITION No.2157 OF 2016 ORDER:

The above Criminal Petition is filed by the petitioner-accused under Section 482 Cr.P.C., seeking to quash the proceedings against him in C.C.No.309 of 2015 on the file of the Principal Judicial Magistrate of First Class, Shadnagar, Mahabubnagar District. The petitioner is alleged to have committed the offences punishable under Sections 324 and 504 IPC.

When this matter has been taken up, the petitioner and the 2nd respondent-de facto complainant, 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 C.C. may be quashed. The 2nd respondent-de facto complainant filed an affidavit to that effect. Both the parties filed a joint memo of compromise also.

In view of the compromise arrived at between the parties, the continuation of the proceedings against the petitioner-accused 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 petitioner herein. Hence, the above Crl.M.Ps are ordered, and the proceedings against the petitioner-Accused in C.C.No.309 of 2015 on the file of the Principal Judicial Magistrate of First Class, Shadnagar, Mahabubnagar District, are quashed. The petitioner and the 2nd respondent are directed to pay Rs.5,000/- (Rupees Five Thousand

only) each towards costs, to the Telangana State Legal Services Authority, Hyderabad.

The Registry is directed to issue a copy of this order to the parties concerned, after furnishing receipt of payment of costs. Accordingly, the above Crl.M.Ps are ordered and the Criminal Petition is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J February 22, 2016.

KTL