Gundabathula Krishna v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.P.M.P.No.5526 of 2016 IN/AND Crl.P.No.4826 OF 2016 COMMON ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner/accused seeking to quash the proceedings in C.C.No.3 of 2016 on the file of the XII Additional Chief Metropolitan Magistrate at Hyderabad.

2. Heard and perused the material available on record.

3. The offences alleged against the petitioner are punishable under Section 67(A) of the Information Technology Act, 2008 and Section 509 I.P.C. During pendency of the petition, the de facto complainant filed Crl.P.M.P.No.5526 of 2016 to permit him to compound the offences and to compromise the matter by recording the compromise entered into between himself and the accused. He 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 petitioner/accused 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 petitioner herein.

6. Accordingly, Crl.P.M.P.No.5526 of 2016 is ordered and the Criminal Petition is allowed quashing the proceedings in C.C.No.3 of 2016 on the file of the XII Additional Chief Metropolitan Magistrate at Hyderabad. However, the petitioner shall deposit a sum of Rs.5,000/- (Rupees five thousand only) to the Telangana State Legal Services Authority, Hyderabad towards costs.

7. The Registry is directed to issue a copy of this order to the parties concerned after furnishing receipt of payment of costs.

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

_________________________ JUSTICE RAJA ELANGO 7.4.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

Crl.P.M.P.No.5526 of 2016 IN/AND Crl.P.No.4826 OF 2016 Date:7.4.2016 AMD