Tumuluri Sri Harsha v. State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.P.M.P.Nos.4994 & 4995 of 2016 IN/AND Crl.P.No.4415 OF 2016 COMMON ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner/A-1 seeking to quash the proceedings in Crime No.700 of 2014 on the file of Medipally Police Station, Cyberabad.

2. Heard and perused the material on record.

3. The offences alleged against the petitioner are punishable under Sections 498-A, 406 and 420 I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961. During the pendency of the petition, the petitioner and respondent No.2/de facto complainant filed Crl.P.M.P.Nos.4994 and 4995 of 2016 to permit them to compound the offences and to compromise the matter by recording the compromise entered into between them. They 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 petitioner/A-1 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 petitioner herein.

6. Accordingly, Crl.P.M.P.Nos.4994 and 4995 of 2016 are ordered and the Criminal Petition is allowed quashing the proceedings in Crime No.700 of 2014 on the file of Medipally Police Station, Cyberabad. However, the petitioner shall deposit a sum of Rs.3,000/- (Rupees three thousand only) to the Telangana State Legal Services Authority, Hyderabad towards costs.

7. The Registry is directed to issue a copy of this order to the parties concerned after furnishing receipt of payment of costs.

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

_________________________ JUSTICE RAJA ELANGO 30.3.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

Crl.P.M.P.Nos.4994 & 4995 of 2016 IN/AND Crl.P.No.4415 OF 2016 Date: 30.3.2016 AMD