Allugani Srikar Goud v. The State Of Telangana

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.2042 & 2043 of 2017 IN/AND CRIMINAL PETITION No.2130 OF 2017 COMMON ORDR:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') by the petitioners - accused Nos.1 & 2 seeking to quash the proceedings in Sessions Case No.74 of 2014 on the file of Special Judge for trial of Cases under SCs/STs (POA) Act-cum-VII Additional District & Sessions Judge, R.R. District at L.B. Nagar, for the offences punishable under Sections 448, 341 & 323 of I.P.C. and Section 3 (1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

Criminal Petition M.P. No.2042 of 2017 is filed by the petitioner/2nd respondent/de facto complainant under Section 320 (6) of the Code requesting to grant permission to compound the offences and consequently to quash the proceedings in the aforesaid Sessions Case.

3.

Criminal Petition M.P. No.2043 of 2017 is filed under Section 320 (2) of the Code requesting to record compromise. 4.

The 2nd respondent/de facto complainant and the petitioners 1 & 2 - accused Nos.1 & 2 are present and identified by their respective Counsel, Sri K. Sarath and Sri C. Buchi Reddy. The

parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle. 5.

The de facto complainant and the petitioners 1 & 2 - accused Nos.1 & 2 in the criminal petition would affirm the contents mentioned in the joint memo filed along with Criminal Petition M.P. No.2043 of 2017 duly signed by both the parties and their respective Counsel, requesting to permit the parties to compromise the matter, and to compound the offences, and consequently to quash the proceedings against the accused stating that with the intervention of the elders, they settled the matter between them, outside the Court, in terms of the compromise.

6.

Since both the parties have affirmed the terms of the Joint Memo and request to record the compromise as they intend to lead peaceful life having resolved their differences and disputes, permission is granted for recording compromise in non-compoundable offence in view of the guidelines laid down by the Hon'ble Supreme Court in Gian Singh (supra) v. State of Punjab1, Criminal Petition M.P. Nos.2042 & 2043 of 2017 are allowed recording the compromise between the parties in terms of the Joint Memo and compounding the offences against all the accused. 7.

Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against all the accused in 1 2012 (10) SCC 303

Sessions Case No.74 of 2014 on the file of Special Judge for trial of Cases under SCs/STS (POA) Act-cum-VII Additional District & Sessions Judge, R.R. District at L.B. Nagar. The Joint Memo entered into between the parties 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 Dt. 13.03.2017 gbs