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High Court for State of TelanganaCRLP/24690/2017allowed no costs

Gattu Satyanarayana Bhanu Krishna And 2 Others v. State Of Telangana And Another

2018-01-04Shameem Akther2 pages

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY I.A.No.2 of 2017 and Crl.P.No.24690 of 2017 COMMON ORDER The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.341 of 2016 on the file of XXI Metropolitan Magistrate at Medchal, Cyberabad, Ranga Reddy District, registered for the offences punishable under Section 498-A IPC and under Sections 3 and 4 of Dowry Prohibition Act, against petitioners/A1 to A3. 2.

I.A.No.2 of 2017 is filed under Section 320(2) of Cr.P.C., by both parties seeking leave of this Court to compound the offences 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 petitioners/A1 to A3 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 offences alleged against the petitioners are 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 offences are not against the 1 (2017)9 SCC 641

society, permission is accorded to compound the offences alleged against the petitioners.

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.No.2 of 2017 is ordered. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.341 of 2016 on the file of XXI Metropolitan Magistrate, Medchal, Cyberabad, Ranga Reddy District, are quashed against petitioners/A1 to A3. Miscellaneous petitions, if any, pending in the criminal petition, shall stand closed. _____________________________ M. SATYANARAYANA MURTHY J 4th January, 2018 sj