Guntala Parashuramulu v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2963 of 2016 ORDER:

The Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner seeking to quash the proceedings in S.C.No.264 of 2015 on the file of the VII Assistant Sessions Judge, Ranga Reddy District, registered for the offence under Section 366 IPC.

Heard and perused the material available on record. When the case is taken up for hearing, learned counsel for the petitioner as well as learned counsel for the de facto complainant submit that they have filed Crl.P.M.P.No.3133 of 2016 seeking permission of this Court to compound the offences and consequently, to quash the proceedings. Along with the said application, they have filed the Joint Memo signed by the complainant as well as the petitioner and also the same is signed by the counsel for both the parties. Both the parties are present in the Court and asserted that they have entered into compromise.

Learned counsel for the petitioner submits that though the offences registered against the petitioner are non-compoundable, the Court has the power to permit the parties to enter into compromise, as per the decision of the Supreme Court in Gian Singh v State of Punjab (2012 Cri.L.J.4934).

Considering the above, the petitioner and the de facto complainant are permitted to compound the offences. In view of the amicable settlement of the dispute between the parties, Crl.P.M.P.No.3133 of 2016 is ordered and the compromise is recorded. Consequent thereto, the criminal petition is allowed and the proceedings in S.C.No.264 of 2015 on the file of the VII Assistant Sessions Judge, Ranga Reddy District, are hereby quashed.

The petitioner is directed to pay Rs.2,000/- (Rupees two thousand only) as costs to the Telangana State Legal Services Authority. The Registry is directed to issue order copy only on production of the receipt of payment issued by the Telangana State Legal Services Authority.

The Criminal Petition is accordingly allowed with costs. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 09.03.2016 pln