← Library
High Court for State of TelanganaCRLP/24720/2017allowed no costs

Sri Ashish Kumar Mulani v. The State Of Telangana

2018-01-04M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY of and .

s No .

.I and Crl.P.No.24720 of 2017 COMMON ORDER The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Cr.No.62 of 2017 of Begumpet Police Station, Hyderabad District, registered for the offence punishable under Section 3(1)(r)(s) of SCs & STs (POA) Act, 1989 (Amendment-2015), against the petitioner/accused.

2.

I.A.Nos.1 and 2 of 2017 are filed under Sections 320(2) and 320(6) of Cr.P.C., by both parties seeking leave of this Court to compound the offence and to record compromise as the matter was settled out of the Court due to intervention of the elders and quash the proceedings in the aforesaid crime.

3.

Today, when the matter came up for hearing, the second respondent/de-facto complainant and petitioner/accused are present and are identified by their respective counsel. They filed photostat copies of Aadhar cards in proof of their identity. The terms and conditions of the joint compromise memo are read over and explained to them, for which, they admitted that they are true and correct and the compromise is voluntary in the interest of both the parties.

4. Though the offence alleged against the petitioner is noncompoundable, by exercising jurisdiction under Section 482 of Cr.P.C., and following the principles laid down in Parbatbhai Aahir and others V. State of Gujarat and others1 and as the offence is not against the 1 (2017)9 SCC 641

society, permission is accorded to compound the offence alleged against the petitioner.

5. Having regard to the facts and circumstances of the case and also the principle enunciated in the decision cited supra, I am of the considered opinion that it is a fit case to quash the proceedings.

6. In the result, I.A.Nos.1 and 2 of 2017 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in Cr.No.62 of 2017 of Begumpet Police Station, Hyderabad District, are quashed against the petitioner/accused. Miscellaneous petitions, if any, pending in the criminal petition, shall stand closed.

___________________________ M. SATYANARAYANA MURTHY J 4th January, 2018 sj