Fayyaz Ahmed v. The State Of Telangana ,
THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.No.3995 OF 2016 & CRIMINAL PETITION No.3643 OF 2016 ORDER:
The above Criminal Petition is filed by the petitioner-accused Nos.1 to 3 under Section 482 Cr.P.C., seeking to quash the proceedings against them in CC No.1019 of 2015 on the file of the VIII Metropolitan Magistrate, Cyberabad, Rajendranagar, Ranga Reddy District.
The petitioners are alleged to have committed the offences punishable under Sections 498-A & 509 IPC and 3 & 4 of the Dowry Prohibition Act.
When this matter has been taken up, the petitioners and the respondents 2 and 3, who appeared before this Court, submitted through their Counsel that due to intervention of elders, they entered into compromise and therefore, the proceedings in the above case may be quashed. They filed the above M.P., to permit them to compromise the matter and also to record the compromise. The 3rd respondent, wife of the 1st petitioner, filed an affidavit to the effect that she has no objection to quash the proceedings in the above CC against the petitioners in view of the compromise. Both the parties filed a joint memo of compromise also.
In view of the compromise arrived at between the parties, the continuation of proceedings against the petitioners-accused Nos.1 to 3 would be the exercise in futility. In a case of this nature, the Courts would be justified in invoking its inherent jurisdiction, and the technicalities should not be allowed to stand in the way of Courts' power to quash the criminal proceedings even in the case of noncompoundable offences. In the above circumstances and in view of the compromise, this Court feels that it is just and proper to quash the proceedings against
the petitioners herein. Hence, the above Crl.M.P. is ordered, and the proceedings against the petitioners-Accused Nos.1 to 3 in CC No.1019 of 2015 on the file of VIII Metropolitan Magistrate, Cyberabad, Rajendranagar, Ranga Reddy District, are quashed. The petitioners are directed to pay Rs.5,000/- (Rupees Five Thousand only) towards costs to the Telangana State Legal Services Authority, Hyderabad. Accordingly, the above Crl.M.P. is ordered and the Criminal Petition is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.
The Registry is directed to issue a copy of this order to the parties concerned, after furnishing receipt of payment of costs. ______________ RAJA ELANGO, J March 17, 2016.
KTL