Wazir Dhaka v. State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY of and .

s No .

.I and Crl.P.No.7368 of 2018 COMMON ORDER The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Cr.No.269 of 2018 of Jagathgirigutta Police Station, Cyberabad District, registered for the offences punishable under Sections 365, 368 read with Section 34 IPC, against the petitioners/A1 to A4. 2.

I.A.Nos.1 and 2 of 2018 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 was settled out of the Court due to intervention of the elders and to quash the proceedings in the aforesaid case.

3.

Today, when the matter came up for hearing, the second respondent/de-facto complainant and the petitioners/accused are present and they are identified by their respective counsel. They filed photostat copies of Aadhar cards in proof of their identity. When this Court enquired the parties, the de-facto complainant and the accused stated that they entered into compromise due to intervention of the elders and that the defacto complainant stated that the complaint was lodged due to money transactions and the compromise is voluntary in the interest of both the parties.

4. Though the offence alleged against the petitioners is noncompoundable, by exercising jurisdiction under Section 482 of Cr.P.C., and following the principles laid down in Parbatbhai Aahir and others V.

State of Gujarat and others1 and as the offence is against an individual and not against the society, permission is accorded to compound the offences alleged against the petitioners. Therefore, I find that it is a fit case to quash the proceedings against the petitioners/A1 to A4.

5. In the result, I.A.Nos.1 and 2 of 2018 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in Cr.No.269 of 2018 of Jagathgirigutta Police Station, Cyberabad District, are quashed against the petitioners/A1 to A4. Miscellaneous petitions, if any, pending in the criminal petition, shall stand closed.

_____________________________ M. SATYANARAYANA MURTHY J 6th August, 2018 sj 1 (2017)9 SCC 641