Abdul Razaq , Aslam v. Saira Banu

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.P.M.P.Nos.7873 & 7874 of 2016 IN/AND Crl.P.No.9348 OF 2015 COMMON ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners/A-1 to A-9 seeking to quash the proceedings in C.C.No.90 of 2015 on the file of the First Additional Judicial First Class Magistrate at Warangal.

2. Heard and perused the material on record.

3. The offences alleged against the petitioners are punishable under Sections 498-A and 506 I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961. During pendency of the petition, the de facto complainant filed Crl.P.M.P.Nos.7873 and 7874 of 2016 to permit her to compound the offences and to compromise the matter by recording the compromise entered into between herself and the accused. She also filed a joint memo for compromising the matter.

4. Both parties are present and they are identified by their respective counsel. In view of the compromise arrived at between the parties, the continuation of proceedings against the petitioners/A-1 to A-9 would be an 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.

5. 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.

6. Accordingly, Crl.M.P.Nos.7873 and 7874 of 2016 are ordered and the Criminal Petition is allowed quashing the proceedings in C.C.No.90 of 2015 on the file of the First Additional Judicial First Class Magistrate at Warangal.

7. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 29.4.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

Crl.P.M.P.Nos.7873 & 7874 of 2016 IN/AND Crl.P.No.9348 OF 2015 Date: 29.4.2016 AMD