Sameer Khan v. The State Of Telangana Rep By P.P

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A. Nos.2 and 3 of 2017 IN/ AND Crl.P. No.24781 of 2017 AND I.A. Nos.1 and 2 of 2017 IN/ AND Crl.P. No.4387 of 2016 COMMON ORDER:

I.A. Nos.2 and 3 of 2017 in Crl.P. No.24781 of 2017 and I.A. Nos.1 and 2 of 2017 in Crl.P. No.4387 of 2016: These petitions are filed under Section 320 of Criminal Procedure Code (for short " Cr.P.C." ) seeking permission to record compromise and quash the proceedings in C.C.No.117 of 2016 on the file of the XIX Additional Chief Metropolitan Magistrate, Kukatpally, Miyapur registered for the offence punishable under Sections 498-A, 406, 420, 323, 341 and 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, as the parties are living together leading martial life. The Petitioner/ accused No.1 in Crl.P. No.

24781 of 2017 is staying at Dubai and filed the General Power of Attorney executed by him authorizing Shahnawaz Ali khan, to represent and appear on his behalf before the Court in the above case and it is validated by the Collector under Section 18 of the Indian Stamp Act, since A1, is not in a position to appear before the Court. The petitioners 2 to 6/ accused Nos.2 to 6 are present and identified by their respective counsel and produced photostat copies of Aadhar cards in proof of their identity. On enquiry, the petitioners and respondent No.2 stated that the matter was settled due to intervention of elders, since the offence is compoundable. The terms of compromise are read over and explained to them in English and the parties stated that they are true and correct.

Since the compromise is recorded in the interest of parties and the offence is not in the interest of society, I find that it is a fit case to compound the offence.

In view of the compromise between the parties and taking into consideration the facts and circumstances of the case including parties leading marital life, permission is accorded as sought for and the proceedings in C.C. No.324 of 2017 on the file of XXIII Metropolitan Magistrate, Cyberabad at Rajendranagar, are hereby quashed.

Crl.P. Nos.24781 of 2017 and 4387 of 2016:

In view of the orders passed in I.A. Nos.2 and 3 of 2017 and I.A. Nos.1 and 2 of 2017, both the Criminal petitions are allowed. The miscellaneous petitions pending, if any, shall also stand closed.

____________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 02.01.2018 knl

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A. Nos.2 and 3 of 2017 IN/ AND Crl.P. No.24781 of 2017 AND I.A. Nos.1 and 2 of 2017 IN/ AND Crl.P. No.4387 of 2016 Date:.02.01.2018 knl