Penchala Mallesham, v. The State Of Telangana.,
THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.2324 & 2325 OF 2016 & CRIMINAL PETITION No.2311 OF 2016 ORDER:
The above Criminal Petition is filed by the petitioners-accused Nos.1 to 4 under Section 482 Cr.P.C., seeking to quash the proceedings against them in Crime No.177 of 2014 on the file of Gangadhara Police Station, Karimnagar District. The petitioners are alleged to have committed the offences punishable under Sections 406, 420 and 506 r/w.34 IPC. When this matter has been taken up, the petitioners and the 2nd respondent-de facto complainant, 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 crime may be quashed. The 2nd respondent-de facto complainant filed an affidavit to that effect. 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 4 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.Ps are ordered, and the proceedings against the petitioners-Accused Nos.1 to 4 in Crime No. 177 of 2014 on the file of Gangadhara Police Station, Karimnagar District, are quashed. The petitioners are directed to pay Rs.5,000/- (Rupees Five Thousand only) and the 2nd respondent is also 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.Ps are 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 February 23, 2016.
KTL