Dr.B.Ganesh Kumar, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.M.P. Nos.12943 and 12944 of 2015 & Criminal Petition No.11973 of 2011 ORDER:

The petitioners - accused Nos.1 and 2 filed this Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in Crime No.68 of 2011 of Vadamalpet Police Station, Chittoor District, registered for the offences punishable under Section 3(1)(x) of S.Cs. & S.Ts. (PoA) Act, 1989 and Sections 354, 323 and 506 read with Section 34 I.P.C.

The second respondent filed Crl.P.M.P. No.12943 of 2015 seeking permission of the Court to compound the offences and Crl.P.M.P.No.12944 of 2015 seeking to record compromise in Crl.P.No.11973 of 2011 and quash the proceedings in Crime No.68 of 2011 of Vadamalpet Police Station, Chittoor District against Petitioner Nos.1 and 2/accused Nos.1 and 2. The affidavit of the second respondent filed along with the Crl.P.M.P.No.12944 of 2015 would disclose that wholeheartedly and to lead harmonious and peaceful life, they have settled the matter out of court and he has no objection for quashing the proceedings against petitioners - accused Nos.1 and 2.

The petitioners - accused Nos.1 and 2 and the second respondent are present before this Court and produced their identities and the same are verified by the learned Addl. Public Prosecutor. The second respondent stated that on the advice of elders and well-wishers, himself and petitioners have compromised the matter out of Court and therefore he intends to

withdraw the criminal proceedings pending against petitioners with free will and consent and there is no coercion or undue influence from any side for the same.

The learned Addl. Public Prosecutor submitted that there is no objection to quash the proceedings inasmuch as both the parties settled the matter amicably.

In the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against petitioners would serve no purpose and invoking the provisions under Section 482 Cr.P.C. criminal proceedings pending against petitioners can be quashed by compounding the offences.

Accordingly, Crl.P.M.P. Nos.12943 and 12944 of 2015 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in Crime No.68 of 2011 of Vadamalpet Police Station, Chittoor District against petitioners / accused Nos.1 and 2 are hereby quashed. The affidavit of the second respondent and the Joint Memo filed be made as part of this order. Miscellaneous Petitions, if any, pending in this criminal petition shall stand closed.

__________________ RAJA ELANGO, J 08th December, 2015 skmr