D.Swamy Naidu, v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO Criminal Petition No.5642 of 2016 ORDER:

The above Criminal Petition is filed by the petitionersaccused Nos.1 and 2 under Section 482 Cr.P.C., seeking to quash the proceedings against them in Crime No.246 of 2016 on the file of the KPHB colony Police Station, Cyberabad, R.R.District.

The petitioners are alleged to have committed the offences punishable under Sections 498-A, 323, 506 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.

When this matter has been taken up, the petitioners and the 2nd respondent-de facto complainant, who appeared before this Court, submitted through their Counsel that due to intervention of elders, they entered into compromise and therefore, the proceedings in the above case may be quashed. The 2nd respondent-de facto complainant filed an affidavit to the effect that she has no objection to quash the proceedings in the above crime against the petitioners in view of the compromise. Both the parties filed a joint memo of compromise also. In view of the compromise arrived at between the parties, the continuation of proceedings against the petitioners-accused

would be the 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.

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. Hence, the Criminal Petition is allowed and the proceedings against the petitioners-Accused in Crime No.246 of 2016 on the file of the KPHB colony Police Station, Cyberabad, R.R.District, are quashed.

The petitioners are directed to pay Rs.3,000/- (Rupees Three Thousand only) towards costs to the Telangana State Legal Services Authority.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

The Registry is directed to issue a copy of this order to the parties concerned, after furnishing receipt of payment of costs. _________________ RAJA ELANGO, J April 19, 2016 skmr