Ch.Shivaji Raju v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.No.7975 OF 2016 & CRIMINAL PETITION No.6809 OF 2016 ORDER:

The above Criminal Petition is filed by the petitioners-accused Nos.1 to 6 under Section 482 Cr.P.C., seeking to quash the proceedings against them in Crime No.386 of 2013 on the file of Bheemili Police Station, Visakhapatnam District. The petitioners are alleged to have committed the offences punishable under Sections 447, 427, 324 and 56 r/w.34 IPC and 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

When this matter is taken up for hearing, the petitioners and the 2nd respondent-de facto complainant, who appeared before this Court, submitted through their Counsel that due to intervention of the elders, they entered into compromise and therefore, the proceedings in the above crime may be quashed. The petitioners filed an application to record the compromise. The 2nd respondent - de facto complainant filed an affidavit to that effect. Both the parties filed a joint memo of compromise also.

In view of the compromise arrived at between the parties, continuation of proceedings against the petitioners-accused Nos.1 to 6 would be the 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 noncompoundable offences. 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 petitioners in the above crime.

Accordingly, the Crl.M.P. is ordered and the Criminal Petition is

allowed quashing the proceedings against the petitioners-Accused Nos.1 to 6 and also the other accused in Crime No.386 of 2013 on the file of Bheemili Police Station, Visakhapatnam District. The petitioners are directed to pay Rs.5,000/- (Rupees Five Thousand only) towards costs to the Andhra Pradesh State Legal Services Authority, Hyderabad.

Consequently, miscellaneous petitions pending if any, shall stand closed.

The Registry is directed to issue a copy of this order to the parties concerned, after furnishing receipt of payment of costs. ______________ RAJA ELANGO, J April 29, 2016.

KTL