M.Dinakar Chowdary v. The State Of Andhra Pradesh,
HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P.Nos.3291 & 3292 of 2017 IN/AND CRIMINAL PETITION No.3294 OF 2017 COMMON ORDR:
Criminal Petition No.3294 of 2017 is filed by the petitioner - sole accused, under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in Crime No.88 of 2015 of Gajulamandyam Police Station, Chittoor District, for the offences under Section 506 I.P.C. and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short, 'the Act').
2. Criminal Petition M.P.Nos.3291 & 3292 of 2017 are filed by the parties along with their affidavits stating that with the intervention of elders, the matter has been settled and requested to permit them to compound the offences. Along with Criminal Petition M.P.No.3291 of 2017, Joint Memo, signed and affirmed by both parties, is filed.
3. The de facto complainant and the petitioner - accused are present and they are identified by their respective counsel, Sri K.Ramamohan, learned counsel for the petitioner, and Sri B.Krishna, learned counsel for the de facto complainant. The petitioner has produced photostat copy of his Employee Identity Card issued by the Office of Tahsildar, Renigunta, Chittoor District, whereas the de facto complainant has produced photostat copy of his "Aadhaar Card", in proof of their identity.
ASN,J Crl.P. No.3294 of 2017
4. On being asked, the de facto complainant and the accused report that with the intervention of the elders, they have compromised the matter and, to that effect, they have filed the Joint Memo signed by them and their counsel, and request the Court to permit to compound the offences alleged and, consequently, to quash the proceedings against the accused.
5. Since both parties have affirmed the terms of the compromise and request to permit them to compound the offences alleged and to quash the proceedings in the aforesaid Crime, in view of the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, the parties are permitted to compound the offences by allowing Criminal Petition M.P.Nos.3291 & 3292 of 2017.
6. Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the accused in Crime No.88 of 2015 of Gajulamandyam Police Station, Chittoor District, for the offences under Section 506 IPC and Section 3 (1) (x) of the Act. The terms of compromise in the Joint Memo entered into by the parties, shall form part of the record.
7. As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.
__________________________ A. SHANKAR NARAYANA, J April 26, 2017.
V V 1 2012 (10) SCC 303