Kotha Manohar Reddy v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.2 and 3 of 2019 In/and CRIMINAL PETITION No.7408 of 2019 ORDER:

This Criminal Petition, under Section 482 of the Code of Civil Procedure, (for short, 'Cr.P.C') is filed by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings against them in Crime No.288 of 2018 of Kandukur Police Station, Rachakonda District, registered for the offences punishable under Sections 420, 468 and 471 read with 34 I.P.C. 2.

During pendency of the Criminal Petition, the petitioners filed I.A.No.2 of 2019 to compound the aforesaid offences, and the 2nd respondent-de facto complainant filed I.A.No.3 of 2019 to record the compromise between her and the petitioners/accused Nos.1 and 2. Along with petitions, the de facto complainant and the petitioners/accused Nos.1 and 2, came to be filed a Joint Memo, inter alia stating that at the intervention of elders and well wishers, both the petitioners and the 2nd respondent have compromised the matter and there are no misunderstandings between them. Therefore, they have no objection for quashing the subject crime. The said joint memo has been supported by the affidavit of the de facto-complainant, whereunder petitioners are agreed to pay an amount of Rs.

50,00,000/- (Rupees Fifty Lakhs only) to the 2nd respondent-de facto complainant and on receipt of the said amount, she shall admit and confirm the registered Agreement of Sale-cum-General Power of Attorney vide document No.22029/2018, dated 13.11.2018 and shall withdraw the suit O.S.No.

Reddy District at L.B.Nagar and also withdraw the case in Crime No.288 of 2218. It is further stated that the 2nd respondent received an amount of Rs.50,00,000/- from the petitioners by way of Demand Drafts and she do not want to prosecute the case against the petitioners, as such she has no objection for quashing the proceedings in the subject crime.

3.

Today, both the parties are present before this Court and they are identified by their respective counsel. They also filed Aadhar cards in proof of their identity. This Court, when examined, both the parties have stated that at the instance of elders and well-wishers, they have settled the matter out of the Court and the de facto complainant has no objection for quashing the proceedings against the petitioners/accused Nos.1 and 2 in the subject crime. The parties have also entered into Memorandum of Understanding, dated 13.11.2019.

4.

In the light of the compromise arrived at between the parties, the joint compromise memo filed by the both parties and also the Memorandum of Understanding, dated 13.11.2019, entered in between them is taken on record and I.A.Nos.2 and 3 of 2019 are ordered. The Memorandum of Understanding, dated 13.11.2019 shall form part of the record.

5.

Accordingly, the Criminal Petition is allowed in terms of compromise, and the proceedings in Crime No.288 of 2018 of Kandukur Police Station, Rachakonda District, is hereby quashed against the petitioners/accused Nos.1 and 2.

Miscellaneous petitions, if any, pending, shall stand closed. ______________________ JUSTICE G. SRI DEVI 19th November, 2019 YVL

THE HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.2 and 3 of 2019 In/and CRIMINAL PETITION No.7408 of 2019 Date:19.11.2019 YVL