R. Rajesh Singh, v. Sri. Byri Yadagiri,
THE HONOURABLE JUSTICE G SRI DEVI I.A.No.2 OF 2019 IN/AND CRIMINAL PETITION No.7226 OF 2019 ORDER:
The Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/accused seeking to quash the proceedings against him in C.C.No.142 of 2018 on the file of Judicial Magistrate of First Class, Narsapur, Medak District, registered for the offences punishable under Section 304-A I.P.C. and Section 196 of the Motor Vehicles Act, 1988.
2.
Respondent Nos.1 to 3 filed I.A.No.2 of 2019, along with a Joint Memo, duly signed by the respective parties, seeking to permit them to compound the case with the petitioner/accused and quash the proceedings in the aforesaid C.C. against the petitioner/accused.
3.
When the matter is called, both the parties are present in person before this Court and they are identified by their respective counsel. They also filed photocopies of their Aadhar cards in proof of their identity.
4.
This Court, when examined, both the parties have stated that the matter is settled out of Court at the intervention of elders and well wishers and accordingly, they have reduced their terms and conditions into writing by way of Memorandum of Understanding, dated 04.11.2019, annexed to the Criminal Petition. Therefore, they have no objection for quashing the proceedings in the subject C.C. against the petitioner/accused.
5.
In terms of the compromise, the petitioner/accused has paid a sum of Rs.1,00,000/- (Rupees one lakh only) to respondent Nos.1 and 2, who are the legal heirs of the deceased Harikishan, and they have also acknowledged receipt of the said sum of Rs.1,00,000/- towards full and final satisfaction of the claim amount. Accordingly, a prayer has been made that since the matter has been settled between the parties out of the Court, at the instance of the elders and well-wishers, the proceedings in the subject C.C. may be quashed against the petitioner/accused by compounding the offences.
6.
In the light of the compromise arrived at between the parties, the Joint Memo filed by the both parties and also the Memorandum of Understanding, dated 04.11.2019, entered in between them is taken on record and I.A.No.2 of 2019 is ordered. The Memorandum of Understanding, dated 04.11.2019 shall form part of the record.
7.
Consequently, the Criminal Petition is allowed in terms of compromise, and the proceedings in C.C.No.142 of 2018 on the file of Judicial Magistrate of First Class, Narsapur, Medak District, are hereby quashed against the petitioner/accused. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
_______________________ JUSTICE G SRI DEVI December 21, 2019.
MD
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION No.7226 OF 2019 December 21, 2019 MD