Sugan Chand Sankla v. The Principal Secretary Ministry Of Home Department

HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.2 and 3 of 2019 In/and WRIT PETITION No.27936 of 2018 ORDER:

This Writ Petition is filed by the petitioners-A1 and A2 under Article 226 of the Constitution of India, to quash the proceedings in C.C.No.11 of 2018 on the file of the II Special Magistrate, Rajendranagar, Ranga Reddy District. A charge sheet came to be filed against the petitioners for the offences punishable under Sections 447,427 and 506 IPC.

2. During pendency of the Writ Petition, I.A.Nos.2 and 3 of 2019 came to be filed by the 5th respondent-de facto complainant to record the compromise and to compound the offences. Along with the petitions, a joint memo came to be filed, inter alia stating that at the intervention of elders and well wishers, the parties have settled their disputes amicably in terms of the compromise and a Memorandum of Compromise-cum-Settlement Agreement was entered into between the parties on 31.10.2019. Copy of the agreement is placed on record. The said joint memo has been supported by the affidavit of the 5th respondent, wherein it is stated that the petitioners-A1 and A2 are giving up their claims in the subject property and also executing release deed in favour of the 5th

respondent. Therefore, it is prayed to record the compromise and quash the proceedings against the petitioners.

3. Today, both the parties are present before this Court and they produced Aadhar cards, which show their identity. They are also identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the 5th respondent-de facto complainant has no objection for quashing the proceedings against the petitioners.

4. In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.Nos.2 and 3 of 2019 are ordered.

5. Accordingly, the Writ Petition is allowed in terms of compromise, and the proceedings in C.C.No.11 of 2018 on the file of the II Special Magistrate, Rajendranagar, Ranga Reddy District, against the present petitioners-A1 and A2 are hereby quashed. The parties are directed to deposit a sum of Rs.25,000/- by Monday positively before the High Legal Services Committee, Hyderabad.

Miscellaneous petitions, if any pending shall stand closed. _______________________ JUSTICE G. SRI DEVI DATED: 07.12.2019.

Hsd

HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.2 and 3 of 2019 In/and WRIT PETITION No. 27936 of 2018 Dated: 07.12.2019 Hsd