Kola , Vadnala Swetha v. The State Of Telengana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRL.P.MP.Nos.2327 & 2328 of 2016 and Criminal Petition No.10232 of 2015 ORDER:

The Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/A-1 and A-2 in Crime No.94 of 2015 of Gangadhara Police Station, Karimnagar District registered for the offences punishable under Sections 120-B, 420 read with Section 34 IPC. When the matter is taken up for hearing, the petitioners and the 2nd respondent-complainant, who appeared before this Court, submitted through their respective Counsel that they entered into compromise and therefore, the proceedings in the above crime may be quashed. They also filed the above Crl.P.M.Ps, seeking permission to compound the offences, to record compromise and to quash the proceedings. The 2nd respondent-complainant has also filed an affidavit before this Court and both the parties filed a joint memo.

Having regard to the fact that the matter between the petitioners and the 2nd respondent has been settled amicably, no useful purpose would be served in continuing the prosecution launched against the petitioners for the offences punishable under Sections 120-B, 420 read with Section 34 IPC. This court is convinced that the continuance of the prosecution would be sheer waste of time of the Court and it would also result in hardship to the parties.

Though the offence alleged under Section 120-B of IPC is non-compoundable in nature, in view of the judgment of the Apex

Court in Gian Singh Vs. State of Panjab[1], wherein it was held that where the dispute is predominantly civil in nature or in relation to matrimonial dispute, and if it is reported that the parties have amicably settled their dispute, the prosecution though launched for non-compoundable offence, the High Court in exercise of its powers under Section 482 Cr.P.C. can quash such prosecution. Considering the above circumstances, this Court feels that it is fit case to quash the proceedings against the petitioners herein.

Hence, the compromise is recorded and the Crl.PM.P.Nos.2327 and 2328 of 2016 are ordered. Accordingly, the Criminal Petition is allowed, and the proceedings initiated against the petitioners in Crime No.94 of 2015 on the file of Gangadhara Police Station, Karimnagar District are quashed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_________________ RAJA ELANGO, J Date: 23-02-2016 Ksn [1] [2012 AIR SCW 5333]