Shaik Sartaz Ali v. Jangala Manikyamma

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.4894 & 4895 of 2016 & Criminal Petition No.4340 of 2016 ORDER:

The above Criminal Petition is filed by the petitioneraccused No.1 under Section 482 Cr.P.C., seeking to quash the proceedings against him in Crime No.153 of 2015 of Narasaraopet II Town Police Station, Guntur District.

The petitioner is alleged to have committed the offences punishable under Sections 323, 509, 506 read with Section 34 I.P.C. and Sections 3(1)(1) and 3(1)(x) of S.Cs. & S.Ts. (PoA) Act.

When this matter has been taken up, the petitioner and the 1st respondent-de facto complainant and the 2nd respondent-victim, 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 1st 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 petitioner 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 petitioner-accused No.1 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 petitioner-Accused No.1 in Crime No.153 of 2015 of Narasaraopet II Town Police Station, Guntur District, are quashed. The petitioner is directed to pay Rs.5,000/- (Rupees Five Thousand only) towards costs to the Andhra Pradesh State Legal Services Authority.

Accordingly, the above Crl.M.Ps are ordered and the Criminal Petition is allowed.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

The Registry is directed to issue a copy of this order to the parties concerned, after furnishing receipt of payment of costs.

_________________ RAJA ELANGO, J March 29, 2016 skmr