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High Court for State of TelanganaCRLP/3658/2016compromise

Rishab Mohta v. The State Of Telangana,

2016-03-21Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.4009 and 4010 OF 2016 & CRIMINAL PETITION No.3658 OF 2016 ORDER:

The above Criminal Petition is filed by the petitioners-accused Nos.1 to 3 under Section 482 Cr.P.C., seeking to quash the proceedings against them in S.C.No.140 of 2015 on the file of the VI Additional Metropolitan Sessions Judge, Secunderabad.

The petitioners are alleged to have committed the offence punishable under Sections 498-A, 307, 406 IPC and Sections 3 and 4 of the Dowry Prohibition Act.

When this matter has come up, the 2nd respondent-de facto complainant and the petitioners, who appeared before this Court, represented through their Counsel that due to intervention of elders, they entered into compromise and therefore, the proceedings in the above Sessions Case may be quashed. 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 to 3 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 is of the view 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 petitioners-A1 to A3 in S.C.No.140 of 2015 on the file of the VI Additional Metropolitan Sessions Judge, Secunderabad, are quashed. The petitioners are directed to pay together a sum of Rs.5,000/- (Rupees Five 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.Ps are ordered and the Criminal Petition is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 21.03.2016 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.4009 and 4010 OF 2016 & CRIMINAL PETITION No.3658 OF 2016 Dated 21st March, 2016.

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