Smt. Gida Sugunamma v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI of and .

Nos .

.I and Crl.P.No.8560 of 2021 COMMON ORDER The criminal petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in Cr.No.180 of 2021 on the file of Kesamudram Police Station, Mahabubabad District, registered for the offences under Section 420 IPC and under Section 3(2)(v)(a) of SCs & STs (POA) Act, against the petitioners/A1 and A2. 2.

I.A.Nos.2 and 3 of 2021 are filed under Sections 320(6) and 320(2) of Cr.P.C., by both parties seeking leave of this Court to compound the offences and to record compromise as the matter is settled out of the Court. Along with the affidavits, the petitioners/A1 and A2 and the 2nd respondent/de-facto complainant have filed a joint memo of compromise stating that due to intervention of the elders, the matter is settled out of the Court and the 2nd respondent does not want to prosecute the matter against the petitioners. 3.

Today, when the matter came up for hearing, the petitioners/A1 and A2 and the 2nd respondent/de-facto complainant are present and they are identified by their respective counsel. They filed xerox copies of their aadhar cards along with the affidavit. When this Court enquired the parties, the 2nd respondent stated that in view of the compromise entered into between the parties, he has no objection to quash the proceedings against the petitioners/A1 and A2.

4. Though the offence under Section 3(2)(v)(a) of SCs & STs (POA) Act, registered against the petitioners is non-compoundable,

by exercising jurisdiction under Section 482 of Cr.P.C., and as the offence is not against the society, I find that it is a fit case to grant leave to the parties to compound the offences in view of the compromise arrived at between the parties and to quash the proceedings against the petitioners/A1 and A2.

5. In the result, I.A.Nos.2 and 3 of 2021 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in Cr.No.180 of 2021 on the file of Kesamudram Police Station, Mahabubabad District, are hereby quashed against the petitioners/A1 and A2. However, the 1st petitioner/A1 is directed to deposit a sum of Rs.5,000/- (Rupees five thousand only) before the Advocates' Association, High Court for the State of Telangana, Hyderabad, within one week from today.

6. Miscellaneous petitions, if any pending in the criminal petition, shall stand closed.

_____________ G. SRI DEVI, J 22nd November, 2021 sj