← Library
High Court for State of TelanganaCRLP/6370/2016allowed no costs

Vadde Sagar , Sri Ramsagar Rao , Sagar, v. The State Of Andhra Pradesh,

2016-04-26Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.7472 & 7530 of 2016 & Criminal Petition No.6370 of 2016 ORDER:

The above Criminal Petition is filed by the petitioners-accused Nos.1 to 4 under Section 482 Cr.P.C., seeking to quash the proceedings against them in C.C.No.86 of 2015 on the file of the Additional Judicial First Class Magistrate, Avanigadda, Krishna District. The petitioners are alleged to have committed the offences punishable under Sections 498-A and 506 I.P.C. & Sections 3 and 4 of Dowry Prohibition Act.

When this matter has been taken up, the petitioners 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 case may be quashed. They filed the above M.Ps., to permit them to compromise the matter and also to record the compromise.

The 2nd respondent-de facto complainant filed an affidavit to the effect that she has no objection to quash the proceedings in the above crime

against the petitioners 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, the continuation of proceedings against the petitioners-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 petitioners herein. Hence, the above Crl.M.Ps are ordered, and the proceedings against the petitioners-Accused in C.C.No.86 of 2015 on the file of the Additional Judicial First Class Magistrate, Avanigadda, Krishna District, are quashed. 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 26th April, 2016 skmr