Saddam , Mohammed Abbas Hasan Ali v. The State Of Ap.,

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.15766 of 2013

ORDER

The petitioners/A6 and A7 filed this criminal petition under Section 482 Cr.P.C., seeking to quash the proceedings in Cr.No.57 of 2013 of Nampally Police Station, Hyderabad, under Section 307 IPC and under Section 25(1-B) of Arms Act read with Section 34 IPC, against them.

2. Today, when the matter came up for hearing, the second respondent/de facto complainant and the petitioners/A6 and A7 are present along with their respective counsel. They produced the xerox copies of their Identity Cards. The second respondent stated that the matter has been settled out of the Court and he does not want to prosecute the petitioners in the aforesaid crime. Thus, he prays to quash the proceedings against the petitioners.

3. In view of the compromise arrived at between the parties, continuation of criminal proceedings against the petitioners/A6 and A7 would be a futile exercise. But the offences alleged against the petitioners are non-compoundable. In a case of this nature, the Courts would be justified in invoking its inherent jurisdiction and the technicalities should not be allowed to stand in the way of Courts' power to quash the criminal proceedings involving noncompoundable offences. Therefore, it is just and proper to quash the criminal proceedings against the petitioners/A6 and A7.

4. Accordingly, the Criminal Petition is allowed and the

proceedings in Cr.No.57 of 2013 of Nampally Police Station, Hyberabad, are quashed against the petitioners/A6 and A7. Miscellaneous petitions, if any, pending in this petition shall stand closed.

_______________ RAJA ELANGO, J 8th September, 2015 sj