Syed Rafiq Ishaq And 6 Others v. Mohd Althaf

HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.3 and 4 of 2019 In/and CRIMINAL PETITION No.7270 of 2019 ORDER:

The petitioners, who are A1 to A7 in PRC.No.42 of 2019 on the file of the XIV Addl. Metropolitan Magistrate at Rajendranagar, Hyderabad, filed this Criminal Petition under Section 482 Cr.P.C. to quash the proceedings in the above C.C. A charge sheet came to be filed against the petitioners for the offences punishable under Sections 307 and 506 IPC and 27 of Arms Act, 1959 r/w 34 IPC.

2. During pendency of the Criminal Petition, I.A.Nos.3 and 4 of 2019 came to be filed by the first respondent to record the compromise and to compound the offences. Along with the petitions, joint compromise memo is filed by the 1st respondent, stating that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise. The said memo is supported by the affidavit of the 1st respondent. 3.

According to the FIR No.412 of 2017, case has been registered against the petitioners for the above offences. The charge sheet has also filed and the same was numbered as PRC No.42 of 2019 and the same is pending before the XIV Addl.

Metropolitan Magistrate,

Rajendranagar, Hyderabad. Even according to the charge sheet, no injuries whatsoever have been shown on the body of the victim-de facto complainant. It is further submitted that due to land disputes, the present case been foisted against the petitioners. During the pendency of the said PRC, issues between the parties have been settled and the de facto complainant has no claim whatsoever. The de facto complainant is not inclined to proceed further against the petitioners.

4. Both the parties are present before this Court and they are identified by their respective counsel. The parties have produced their Aadhar Cards and photographs, which show their identity. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the first respondent has no objection for quashing the proceedings against the petitioners.

5. In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.Nos.3 and 4 of 2019 are ordered.

6. Accordingly, the Criminal Petition is allowed in terms of compromise, and the proceedings in PRC No.42 of 2019 on the file of the XIV Addl. Metropolitan Magistrate, Rajendranagar, Hyderabad, against the petitioners-A1 to

A7 are hereby quashed. The parties are directed to deposit a sum of Rs.20,000/- to the High Court Legal Services Committee, Hyderabad, within a period of one week from today. Miscellaneous petitions, if any pending shall stand closed.

_______________________ JUSTICE G. SRI DEVI DATED: 03.01.2020.

Hsd

HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.3 and 4 of 2019 In/and CRIMINAL PETITION No.7270 of 2019 Dated: 03.01.2020 Hsd