Thota Hanumantha Rao, v. State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.No.3723 OF 2016 & CRIMINAL PETITION No.3430 OF 2016 ORDER:

The above Criminal Petition is filed by the petitioners-accused Nos.1 & 2 under Section 482 Cr.P.C., seeking to quash the proceedings against them in P.R.C.No.6 of 2016 on the file of the VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

The petitioners are alleged to have committed the offences punishable under Section 3(1)(x) of SCs & STs (POA) Act and Section 506 IPC.

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 P.R.C. may be quashed. The 2nd respondent-de facto complainant filed an affidavit to that effect. Both the parties filed a memo of compromise also. In view of the compromise arrived at between the parties, the continuation of the proceedings against the petitioners-accused Nos.1 & 2 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.P is ordered, and the proceedings against the petitioners-A1 & A2 in P.R.C.No.6 of 2016 on the file of the VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are quashed. The petitioners are directed to pay together a sum of Rs.3,000/- (Rupees Three Thousand only) 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 a receipt of payment of

costs.

Accordingly, the above Crl.M.P is ordered and the Criminal Petition is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 17.03.2016 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.No.3723 OF 2016 & CRIMINAL PETITION No.3430 OF 2016 Dated 17th March, 2016.

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