Sangameshwar Sanga Reddy v. P.P. Hyd And Ano

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4523 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 F.I.R.No.35 of 2016 on the file of the P.S., Sangareddy (R), Medak District, for the offences under Sections 354(a), 354(b) IPC and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 12 of the POCSO Act. Heard and perused the material available on record. This Court is of the view that it is necessary to extract paragraph 4 of the affidavit of the de facto complainant filed accompanying Crl.P.M.P.No.5140 of 2016, which is filed to quash the proceedings in view of the compromise entered between the petitioner and the de facto complainant.

"I submit that ignorant of true and relevant facts, I inadvertently filed the above complaint against the accused/petitioner and on being learnt and aware of true and correct facts I realized the above complaint is filed with misconception". In view of the above statement of the de facto complainant and also on perusing the material available on record, this Court is of the view that the proceedings initiated against the petitioner are liable to be quashed. The criminal petition is accordingly allowed and the proceedings in F.I.R.No.35 of 2016 on the file of the P.S., Sangareddy (R), Medak District, are hereby quashed and the petitioner is acquitted of the offences alleged against him. The petitioner is directed to pay Rs.5,000/- (Rupees five 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 07.04.2016 pln