Shaik Shakeel, v. The State Of Telangana,
HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. No.836 OF 2017 IN/AND CRIMINAL PETITION No.859 OF 2017 COMMON ORDR:
The Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), is filed by the petitioners - accused Nos.1 to 4 seeking to quash the proceedings against them in Crime No.133 of 2016 of Madannapet Police Station, Hyderabad, registered for the offences punishable under Sections 307 and 506 read with 34 IPC.
2. Criminal M.P. No.836 of 2017 is filed by respondent Nos.1 and 2 seeking to permit them to compromise the matter.
3. All the petitioners in the main Criminal Petition and respondent No.2 and respondent No.3 being minor and permitted respondent No.2 to represent him as per orders, dated 10.02.2017 in Crl.P.M.P. No.1070 of 2017, as well as their respective counsel are present and the parties are identified by their respective learned counsel, Sri Khaled Bin Sayeed and Sri Mohd. Muzafferullah Khan. The parties have also produced photostat copies of their respective "Aadhaar Cards" in proof of their identity.
4. Perused the affidavit and the joint memo signed by both the parties. The petitioners - accused Nos.1 to 4 and respondent Nos.2 and 3 have entered into compromise concerning the aforesaid
ASN,J Crl.P. No.859 of 2017 offences. Undisputedly, offences punishable under Section 307 IPC is not compoundable, however, considering the facts and circumstances of the case and in exercise of the inherent powers under Section 482 of the Code, this Court has power to accept the compromise.
5. Under the circumstances and in view of the decision of the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, Criminal Petition M.P. No.836 of 2017 is allowed and, consequently, the present Criminal Petition is allowed quashing the proceedings against the petitioners - Accused Nos.1 to 4 in Crime No.133 of 2016 of Madannapet Police Station, Hyderabad City. The joint memo shall form part of the record.
As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.
__________________________ A. SHANKAR NARAYANA, J February 10, 2017.
Mgr
1. (2012) 10 SCC 303