Singavaram Sunil Kumar v. V.Chandra Shekar

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL M.P. No.1083 OF 2017 IN/AND CRIMINAL PETITION No.1137 OF 2017 COMMON ORDR:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') is filed by the petitioners - accused Nos.1 to 7 seeking to quash the proceedings against them in Crime No.921 of 2016 of Sanjeevareddy Nagar Police Station, Hyderabad City, registered for the offences punishable under Sections 384, 468, 471 and 170 read with Section 34 of the Indian Penal Code, 1860 (IPC).

2.

Compromise Petition in Criminal M.P. No.1083 of 2017 is filed by the petitioners under Section 320(6) of the Cr.P.C., along with the affidavit of the de facto complainant - respondent No.1 and the Joint Memo signed by both parties requesting to record the compromise in terms of the Memorandum of Understanding entered into between the parties which is filed in the main petition, and to quash the present proceedings against them.

3.

Both parties as well as their learned counsel are present and the parties are identified by their respective counsel, Sri P. Narahari Babu and Sri M.K. Raj Kumar. The parties have also produced photostat copies of their respective "Aadhaar Cards" in proof of their identity. 4.

On being asked, the de facto complainant and the petitioners report that they have compromised the matter through the intervention of the elders and to that effect they have also filed the Memorandum

of Undertaking referred to above entered into between the parties with certain terms and conditions signed and affirmed by both parties and request the Court to record the compromise and quash the proceedings against the petitioners.

5.

Since both the parties have affirmed the terms of the Memorandum of Understanding referred to above and request to record the compromise and the quashment of the proceedings in the Crime No.921 of 2016 would not have any impact on the society when examined in the light of the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, further prosecution of the offences against the petitioners need not be continued 6.

Accordingly, Criminal M.P. No.1083 of 2017 is allowed compounding the offences against the petitioners-accused Nos.1 to 7 and the Criminal Petition is allowed quashing the proceedings in Crime No.921 of 2016 of Saroornagar Police Station, Hyderabad. The original Memorandum of Undertaking between the parties shall form part of the record.

7.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

__________________________ A. SHANKAR NARAYANA, J February 16, 2017.

mar 1 2012 (10) SCC 303