Mrs. Mercimol M.B. v. Sri P. Srinivas

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.3691 AND 3692 OF 2017 IN/AND CRIMINAL PETITION No.3632 OF 2017 COMMON ORDR:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), is filed by the petitioner - accused seeking to quash the proceedings in Calendar Case No.35 of 2011 on the file of Chief Metropolitan Magistrate, Hyderabad, Telangana State, registered for the offences punishable under Sections 467, 468, 471 and 420 IPC.

2. Criminal Petition M.P. No.3691 of 2017 is filed by petitioner - accused seeking to permit her and de facto complainant to compromise the matter.

3. Criminal Petition M.P. No.3692 of 2017 is filed by the respondent No.1 - de facto complainant seeking to compound the aforesaid offences in pursuance of the compromise.

4. Perused the affidavit of the de facto complainant and the joint memo signed by both the parties.

5. Both parties as well as their learned counsel are present and the parties are identified by their respective learned counsel, Sri M.A. Khader and Sri M. Bal Reddy. The parties have also produced photostat copies of their respective "Aadhaar Cards" in proof of their identity.

ASN,J Crl.P. No.3632 of 2017

6. On being enquired, the de facto complainant expressed no grievance of any kind against the petitioner - accused and that he is aware of the contents of joint memo and affidavit.

7. Since both parties affirmed the contents of affidavit filed by the de facto complainant and the joint memo and though, most of the offences are non-compoundable, but in view of the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, as the present request falls within the said guidelines and disputes and differences among family members are resolved amicably, the permission is granted and, consequently, the compromise is recorded.

8. Accordingly, Criminal Petition M.P. Nos.3691 and 3692 of 2017 are allowed and, consequently, the present Criminal Petition is allowed quashing the proceedings against the petitioner - Accused Calendar Case No.35 of 2011 on the file of Chief Metropolitan Magistrate, Hyderabad. The joint memo filed by the parties shall form part of the record.

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

__________________________ A. SHANKAR NARAYANA, J April 28, 2017.

Mgr

1. (2012) 10 SCC 303