S.Shabbir Khan v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.766 of 2015 in Crl.P.No.738 of 2015 and Criminal Petition No.738 of 2015 COMMON ORDER:

De-facto complainant is absent as his presence is exempted and his counsel Sri P.Nagendra Reddy is present. Accused Nos.1 and 2 are absent as their presence is exempted and their counsel Sri B.Sarvotham Reddy is present. On the report given by de-facto complainant the police of Ananthapur (Rural) PS registered FIR No.61 of 2014 against the accused for the offences under Sections 420, 468 and 471 IPC and investigation is stated to be pending.

The allegation is that de-facto complainant is the owner of Plot No.309 in Sy.No.109/2, Kurugunta village o f Ananthapur Rural Mandal. Whileso, A1 prepared forged GPA as if the complainant executed GPA in favour of A1 empowering him to deal with the schedule mentioned property in all respects. In the GPA a photo of A2 is affixed dubbing him as complainant. The investigation is reported to be pending.

Now, the submission of both the parties is that at the intervention of elders they have compromised the matter by amicably settling the disputes between themselves and the defacto complainant has no objection for quashing the proceedings against the accused. Therefore, permission may be accorded to

them to compound the offence and quash the proceedings. Having regard to the above submission of the parties and in view of the fact that matter relates to private case and A1 filed an affidavit stating that he is not involved in any other offence and also considering that no useful purpose will be served if the investigation is ordered to be continued since the parties have compromised, and relying upon the decision reported in Gian Singh v. State of Punjab and another (2012) 10 SCC 303) this petition is allowed and permission is accorded to compound the case and compromise is recorded in terms of joint memo filed by the parties and consequently the proceedings in CC No.61 of 2014 on the file of Ananthapur Rural PS are hereby quashed. In the result, both the petitions are accordingly allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ U. DURGA PRASAD RAO, J Date: 24.02.2015 Murthy