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High Court for State of TelanganaCRLP/3416/2017allowed no costs

Mansoor Vekdani , Mansukh Vekdani, v. The State Of Telangana,

2017-04-26A.Shankar Narayana3 pages

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P.Nos.3414 & 3415 of 2017 IN/AND CRIMINAL PETITION No.3416 OF 2017 COMMON ORDR:

Criminal Petition No.3416 of 2017, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners - accused Nos.1 to 3 seeking to quash the proceedings in C.C.No.305 of 2016 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

2. Criminal Petition M.P.No.3414 of 2017 is filed by the 2nd respondent/de facto complainant, Smt Salma Begum, requesting to permit her to compound the offences alleged against the petitioners.

3. Criminal Petition M.P.No.3415 of 2017 is filed requesting to record compromise and to compound the offences. Along with this M.P., joint memo, dated 24.04.2017, signed and affirmed by both the parties and also the Memorandum of terms of compromise, dated 24.04.2017, are filed.

4. Petitioner Nos.2 and 3 are represented by petitioner No.1 by virtue of the General Power of Attorney executed on 12.04.2017, a copy of which is filed in the material papers. The de facto complainant and the 1st petitioner are present. The parties are identified by their respective counsel, Sri Azim Parbatani, learned

ASN,J Crl.P.No.3416 of 2017 counsel for the petitioners, and Sri George Victor, learned counsel for the de facto complainant. The parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.

5. On being asked, the de facto complainant and the petitioners report that with the intervention of the elders and wellwishers, they have compromised the matter and, to that effect, they have filed the Joint Memo dated 24.04.2017 and the Memorandum of terms of compromise dated 24.04.2017 and, consequently, to quash the proceedings against the accused.

6. Since both the parties have affirmed the terms of the compromise and request to record the compromise compounding the offences against the accused and to quash the proceedings and as the same falls within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, Criminal Petition M.P.Nos.3414 & 3415 of 2017 are allowed recording the compromise between the parties in terms of the Joint Memo and the Memorandum of compromise, referred to above, compounding the offences alleged against the accused.

7. Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the accused in 1 2012 (10) SCC 303

ASN,J Crl.P.No.3416 of 2017 C.C.No.305 of 2016 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The terms of Memorandum of Compromise dated 24.04.2017 and the Joint Memo dated 24.04.2017 entered into by the parties, shall form part of the record.

8. As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

__________________________ A. SHANKAR NARAYANA, J April 26, 2017.

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