P. Srinivas Rao , Srinu v. The State Of Telangana
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.MP.No.18558 of 2016 In/AND COMMON ORDER:
Crl.P.M.P.No.18558 of 2016 is filed under Section 320 r/w 482 Cr.P.C. seeking leave of this Court to compound the offences punishable under Sections 447, 427 r/w 34 IPC.
2. Both the parties are present-in-person and they are identified by their respective counsel and the parties also produced photostat copies of their Aadhar Cards in proof of identity. 3.
On enquiry, the petitioners stated that a registered document is executed in favour of JSK Enterprises i.e., first party, as per the Memorandum of Understanding and in terms of the compromise dt.24.10.2016 entered by the parties. Therefore, continuation of proceedings against the petitioner is of no use and it would not serve any purpose since the witnesses in all probability will not support prosecution case.
4.
Having considered the facts and circumstances of the case and in view of the judgment of the Apex Court in Gian Singh v. State of Punjab and another1, it is a fit case to grant permission to compound the offences by allowing this Petition.
5. Accordingly, Crl.P.MP.No.18558 of 2016 is allowed. 1 (2012) 10 SCC 303
MSM,J
7. In view of the orders passed in Crl.P.M.P.No.18558 of 2016, the proceedings in Crime No.172 of 2016 on the file of Kodad ( R) Police Station, Suryapet District, Telangana State, are quashed.
Accordingly, Crl.P.No.15696 of 2016 is allowed. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.
__________________________________ M. SATYANARAYANA MURTHY, J December 15, 2016.
eha
MSM,J THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.MP.No.18558 of 2016 In/AND Dt.15.12.2016 eha