Mr. Tarvinder Singh Anand, v. Mr. Suprio Dasgupta
THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.M.P.No.2487 of 2016 and Criminal Petition No.2443 of 2016 ORDER:
The above Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash proceedings initiated against by the petitioners/ A-1 to A-5 in Crime No.255 of 2015 of Central Crime Station, Hyderabad, registered for the offences punishable under Sections 409, 420 and 120-B IPC. The petitioners are alleged to have committed the offences punishable under Section 409, 420 and 120-B IPC.
When this matter is taken up for hearing, the petitioners and the first respondent-de facto complainant, who appeared before this Court, submitted through their Counsel that they entered into compromise as the disputes are civil in nature and therefore, the proceedings in the above Crime may be quashed. The first respondent-de facto complainant filed an affidavit to that effect. Both parties have filed a joint memo of compromise also. In view of the compromise arrived at between the parties, the continuation of proceedings against the petitioners-A-1 to A-5 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 above Crl.M.P is ordered, and the proceedings against the petitioners-A1 to A-5 in Crime No.255 of 2015 of Central Crime Station, Hyderabad are quashed. The petitioners are directed to pay Rs.20,000/- (Rupees twenty Thousand only) towards costs and the first respondent-de facto
complainant is also directed to pay Rs.20,000/- (Rupees twenty Thousand only) towards costs, on or before 04-03-2016 to the Telangana State Legal Services Authority, Hyderabad. The Registry is directed to issue a copy of this order to the parties concerned after furnishing receipt of payment of costs. Accordingly, the above Crl.M.Ps are ordered and the Criminal Petition is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.
_________________ RAJA ELANGO, J Date: 25-02-2016 Ksn