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High Court for State of TelanganaCRLP/6144/2016allowed no costs

Mohammad Ali Ansari v. The State Of Telangana.,Rep.,Pp

2016-04-25Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.P.M.P.No.7172 of 2016 IN/AND Crl.P.No.6144 OF 2016 COMMON ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners/A-1 to A-6 seeking to quash the proceedings in C.C.No.1347 of 2015 on the file of the II Additional Junior Civil Judge - cum - XIX Metropolitan Magistrate, Kukatpaly at Miyapur, Cyberabad.

2. Heard and perused the material on record.

3. The offences alleged against the petitioners are punishable under Section 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961. During pendency of the petition, the de facto complainant filed Crl.P.M.P.No.7172 of 2016 to permit her to compound the offences and to compromise the matter by recording the compromise entered into between herself and the accused. She also filed a joint memo for compromising the matter.

4. Both parties are present and they are identified by their respective counsel. In view of the compromise arrived at between the parties, the continuation of proceedings against the petitioners/A-1 to A-6 would be an exercise in futility. 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 even in the case of non compoundable offences.

5. In the above circumstances and in view of the compromise, this Court feels that it is just and proper to quash the proceedings against the petitioners herein.

6. Accordingly, Crl.P.M.P.No.7172 of 2016 is ordered and the Criminal Petition is allowed quashing the proceedings in C.C.No.1347 of 2015 on the file of the II Additional Junior Civil Judge - cum - XIX Metropolitan Magistrate, Kukatpaly at Miyapur, Cyberabad.

7. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 25.4.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

Crl.P.M.P.No.7172 of 2016 IN/AND Crl.P.No.6144 OF 2016 Date:25.4.2016 AMD