T. Y Ramana Rao v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.5462 and 5463 OF 2016 & CRIMINAL PETITION No.4777 OF 2016 ORDER:

The above Criminal Petition is filed by the petitioners-accused Nos.1 to 3 under Section 482 Cr.P.C., seeking to quash the proceedings against them in CC No.1018 of 2013 on the file of VI Metropolitan Magistrate, Medchal, R.R. District. The 2nd respondent - de facto complainant is the wife of the 1st petitioner. The offences alleged against the petitioners are punishable under Sections 498-A IPC and 4 & 5 of the Dowry Prohibition Act.

When this matter is taken up for hearing, the petitioners and the 2nd respondent-de facto complainant, who appeared before this Court, submitted through their Counsel that due to intervention of the elders, they entered into compromise and therefore, the proceedings in the above CC may be quashed.

The 2nd respondent - de facto complainant filed an affidavit to that effect. She also filed an application to permit her to compromise the matter and the petitioners also filed an application to record the compromise. Both the parties filed a joint memo of compromise also.

When this Court enquired the 2nd respondent - de facto complainant, she informed that she is not interested in prosecuting the case against all the accused, since they have entered into a compromise.

In view of the compromise arrived at between the parties, continuation of proceedings against the petitioners-accused Nos.1 to 3 in the above CC 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 non-compoundable 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 in the CC.

Accordingly, the Crl.M.Ps. are ordered and the Criminal Petition is allowed quashing the proceedings against the petitioners-Accused Nos.1 to 3 CC No.1018 of 2013 on the file of VI Metropolitan Magistrate, Medchal, Ranga Reddy District. The petitioners are directed to pay Rs.5,000/- (Rupees Five Thousand only) towards costs to the Telangana State Legal Services Authority, Hyderabad. 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 April 07, 2016.

KTL