High CourtsSingle Bench(2012) 01 AP CK 0109

M. Narayana vs The State of A.P. and Another

Andhra Pradesh High Court · Decided on 6 January 2012

HON’BLE JUDGES
Raja Elango, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 430 of 2012

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Judgment

8 paragraphs · 362 words

Raja Elango

1.

This criminal petition is filed by the petitioner-accused, u/s 482 Cr.P.C., seeking to quash the proceedings initiated against him in Crime No.989 of 2011 on the file of P.S. Rajendranagar, Cyberabad, Ranga Reddy District, registered for the offence punishable u/s 324 read with Section 34 of IPC, which is subsequently converted to Section 307 of IPC.

2.

When the matter is taken up for hearing today, it is submitted by the learned counsel for the petitioner that during pendency of the Criminal Petition, at the intervention of elders and well wishers, both the parties compromised the matter out of Court and, therefore, he prayed to quash the proceedings against the petitioner.

3.

The de facto complainant, 2nd respondent herein, is present before this Court and produced his identity and the same is verified by the learned Addl. Public Prosecutor. He stated that on the advice of elders and well-wishers, himself and the petitioner have compromised the matter out of Court and therefore he intends to withdraw the criminal proceedings pending against the petitioner with free will and consent and there is no coercion or undue influence from any other side for the same. He also filed an affidavit narrating the compromise.

4.

The learned Addl. Public Prosecutor submitted that there is no objection to quash the proceedings inasmuch as both the parties settled the matter amicably.

5.

The allegations of the complaint made against the petitioner would not attract an offence punishable u/s 307 of IPC. Further, in the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against the petitioner would serve no purpose and invoking the provisions u/s 482 Cr.P.C. the proceedings in the crime can be quashed by compounding the offence.

6.

Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioner herein in Crime No.989 of 2011 on the file of P.S. Rajendranagar, Cyberabad, Ranga Reddy District are hereby quashed. The affidavit of the 2nd respondent filed into Court be made as part of this order.

7.

Miscellaneous Petitions, if any, filed along with the criminal petition shall stand closed.