Ganji Venkatesham, Hyd v. Sri Ch. Achaiah, Hyd And Ano

THE HONOURABLE SRI JUSTICE N. TUKARAMJI I.A.NOS.3 AND 4 OF 2022 IN/AND CRIMINAL PETITION No.6477 OF 2014 ORDER:

This petition, under Section 482 of the Code of Criminal Procedure (for short the 'Cr.P.C'), has been filed by the petitioner/Accused with a prayer to quash the proceedings in Cr.No.235 of 2014 of Uppal police station, Cyberabad for the offences punishable under Sections 406, 418, 420 and 423 of the Indian Penal Code, 1860 (for short the 'IPC').

2.

During the pendency of the present petition, the 1st respondent/complainant has passed away and his son as legal representative and victim in the offence has been brought on to the record as the 3rd respondent.

3.

I.A.Nos.3 and 4 have been filed with a prayer to permit the petitioner to enter into settlement with the accused and to quash the proceedings by recording the compromise. The parties are referred to the High Court Legal Services Committee for recording the identity and the voluntariness in the settlement.

4.

Learned Secretary, High Court Legal Services Committee, Telangana filed a report dated 14.12.2022 stating that the parties were

NTR,J CRLP_6477_2014 identified by their aadhar cards in the presence of their respective counsel and the enquiry revealed that the parties have willfully and without coercion and they have fully aware of the contents of the terms of compromise.

5.

In this position, having regard to the fact that the compromise has been entered by the parties and as the settlement is purely personal in nature arising out of property transaction and no public policy is involved in the impugned transaction and it is unlikely that the prosecution will succeed in the matter, I am of the considered opinion that continuing the proceedings would be futile exercise. 6.

For the aforesaid, the Criminal Miscellaneous petitions i.e., I.A.Nos.3 and 4 of 2022 are allowed and the alleged offences against the petitioner/accused are compounded and in effect, the proceedings in Cr.No.235 of 2014 of Uppal police station, Cyberabad are hereby quashed.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

_________________ N. TUKARAMJI, J Date: 16.12.2022 Lpd

NTR,J CRLP_6477_2014 THE HONOURABLE SRI JUSTICE N. TUKARAMJI I.A.NOS.3 AND 4 OF 2022 IN/AND CRIMINAL PETITION No.6477 OF 2014 Date: 16.12.2022.

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