Bommana Harinadh , Hari v. Kancharapu Satya Prakash

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.M.P.No.4069 of 2016 and Criminal Petition No.3694 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/ accused in P.R.C.No.2 of 2016 on the file of Additional Judicial First Class Magistrate, Srikakulam arose out Crime No.342 of 2014 of Srikakulam Rural Police Station, Srikakulam District registered for the offences punishable under Sections 306, 354 (A) (1)(ii) IPC.

Heard the learned counsel for the petitioner/A-6 and the learned Public Prosecutor and perused the material on record. When the matter is taken up for hearing, the petitioner/ accused and the first respondent-de facto complainant have jointly filed Crl.P.M.P.No.4069 of 2015 stating that at the advice of wellwishers they compromised the matter and sought for permission for compounding the alleged offences. In this case, the offences alleged are punishable under Sections 306, 354 (A) (1)(ii) IPC. A perusal of the material on record makes it clear that the alleged offences are non-compoundable in nature as per Section 320 Cr.P.C. in which case no permission for compounding the offences can be granted. Since the alleged offences are noncompoundable in nature, Crl.P.M.P.No.4069 of 2016 is liable to be dismissed and is accordingly dismissed.

However, insofar as the present criminal petition is concerned, in view of serious allegations made against the

petitioner, this Court is not inclined to interfere with the investigation.

Accordingly, the criminal petition is dismissed.

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

_______________ RAJA ELANGO, J Date: 28-03-2016 Ksn