Sumith Kumar Patnaik, S/O. Sarath Kumar Patnaik v. State Or Andhra Pradesh

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRL.M.P.NO.5647 OF 2015 AND CRIMINAL PETITION No.3953 OF 2015 COMMON ORDER:

This Criminal Petition is filed by the petitioners/A1 to A3 under Section 482 Cr.P.C seeking to quash the proceedings in P.R.C.No.7 of 2015 on the file of II Additional Judicial First Class Magistrate, Rajahmundry, in connection with Crime No.236 of 2014 of Prakash Nagar Police Station, Rajahmundry, for the offence punishable under Sections 376, 417, 420, 448 and 506 r/w 34 I.P.C.

Heard the learned counsel for the petitioners and the learned counsel for respondents.

Pending the Criminal Petition, the de facto complainant filed Crl.MP.No.5647 of 2015 seeking permission of the Court to compound the offence in the above said C.C.

The de facto complainant and the accused are present before the Court and they identified by their respective counsel and stated that at the intervention of elders and well wishers, the matter is settled amicably and seeks permission of the Court to compound the offence. The de facto complaint contends that she wanted to withdraw the case even though she is entitled to compensation either herein or otherwise and subsequently also to make any claim that she is not presently interested to insist for any compensation and she is an educated woman. Though the offence under Section 376 I.P.C. is not compoundable under Section 320 Cr.P.C. by invoking Section

482 Cr.P.C. the same is compounded.

Accordingly, Crl.M.P.No.5647 of 2015 is ordered and the Criminal Petition is allowed by quashing the proceedings in P.R.C.No.7 of 2015 on the file of II Additional Judicial First Class Magistrate, Rajahmundry and the bail bonds of the accused shall stand cancelled.

Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date: 19-06-2015 pab