M.Vara Prasad Kumar Anantapur Dist. v. The State Of A.P. Rep. By P.P. And Another

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. No.2047 OF 2017 IN/AND CRIMINAL PETITION No.1875 OF 2017 COMMON ORDER:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code'), is filed by accused Nos.1 and 2 in C.C.No.683 of 2016 on the file of X Additional Chief Metropolitan Magistrate, C.C.C., Secunderabad, requesting to quash the proceedings in the said Calendar Case registered for the offences punishable under Sections 420, 418 and 120B I.P.C.

2. Criminal Petition M.P.No.2047 of 2017, along with the affidavit of respondent No.2 - de facto complainant and Joint Memo signed by both parties and their respective counsel, is filed by respondent No.2, under Section 320 of the Code, requesting to permit him to compound the offences in the present Calendar Case.

3. Both the parties as well as their counsel, namely Sri Nageswar Rao Palle, appearing for the petitioners - accused Nos.1 and 2 and Sri S. Dinesh, appearing for respondent No.2 - de facto complainant, are present and the parties are identified by their respective counsel. Petitioners - accused Nos.1 and 2 have produced photostat copies of their 'Aadhar Cards', whereas respondent No.2 - de facto complainant has produced photostat copy of his 'Household Card', in proof of their identity.

ASN,J Crl.P.No.1875 of 2017

4. Respondent No.2 - de facto complainant affirmed the contents mentioned in the affidavit and the Joint Memo filed along with the compromise petition. In the Joint Memo, it is stated that the petitioners and respondent No.2 have compromised the matter before the Caste elders including well-wishers and respondent No.2 has no objection for quashing the proceedings in the present Calendar Case against the petitioners herein.

5. Since the parties have entered into compromise and the quashment of proceedings in the present Calendar Case would not have any impact on the society, when examined in the light of the guidelines laid down by the Honourable Supreme Court in Gian Singh v. State of Punjab1, further prosecution of the petitioners - accused Nos.1 and 2 for the offences alleged against them need not be continued.

6. Therefore, Criminal Petition M.P.No.2047 of 2017 is allowed compounding the offences alleged against the petitioners - accused Nos.1 and 2. Consequently, the Criminal Petition is allowed quashing the proceedings in C.C.No.683 of 2016 on the file of the X Additional Chief Metropolitan Magistrate, C.C.C., Secunderabad. The Joint Memo shall form part of the record. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. ___________________________ A. SHANKAR NARAYANA, J March 22, 2017.

MD 1 2012 (10) SCC 303