HONOURABLE JUSTICE G. SRI DEVI
I.A.Nos.1 and 2 of 2021
in/and
CRIMINAL PETITION No.8421 of 2021
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of investigation in Crime No.201 of 2021 on the file of Sub-Divisional Police Officer, Jagtial (P.S. Raikal), Jagtial District, registered against the petitioners herein / Accused Nos.1 to 8 for the offences punishable under Sections 448, 366, 290, 323, 504 and 506 r/w. 34 of I.P.C. and Sections 3 (1)(r)(s) and 3 (2)(va) of SCs/STs (POA) Amendment Act, 2015.
2. During pendency of the Criminal Petition, I.A.Nos.1 and 2 of 2021 came to be filed by the second respondent seeking compounding of offences and to record the compromise. Along with the petitions, a joint memo which is signed by the parties and their counsel, photographs of the parties and Photostat copies of their Aadhar Cards came to be filed. It is stated in the joint memo that at the intervention of elders, the parties have resolved their differences and the 2nd respondent has no objection for quashing the proceedings against the petitioners herein.
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3. Today, both the parties are present before this Court and they were identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the second respondent has no objection for quashing the proceedings against the petitioners.
4. Insofar as the offences under Sections 3 (1)(r)(s) and 3 (2)(va) of SCs/STs (POA) Amendment Act, 2015, which are non-compoundable, learned counsel for the petitioners has relied upon a judgment of the Apex Court in State of Madhya Pradesh v. Lakshmi Naryan and others1 wherein it was held as under;
"that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non- compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves".
5. In view of the compromise arrived at between the parties and in view of the judgment of the Apex Court in 1 AIR 2019 SC 1296 3 Lakshmi Narayan's case, cited supra, though the crime was registered for the offence under Sections 3 (1)(r)(s) and 3 (2)(va) of SCs/STs (POA) Amendment Act, 2015, which is non- compoundable, by exercising power under Section 482 Cr.P.C., I find that it is a fit case to record compromise between parties and to quash the proceedings against the petitioners herein.
6. In the result, I.A.Nos.1 and 2 are ordered. Consequently, the Criminal Petition is allowed in terms of compromise, and the proceedings in Crime No.201 of 2021 on the file of Sub-Divisional Police Officer, Jagtial (P.S. Raikal), Jagtial District, are hereby quashed against the petitioners herein only. However, the petitioners are directed to deposit an amount of Rs.5,000/- (Rupees five thousands only) before the High Court Legal Services Committee, Hyderabad and an amount of Rs.5,000/- (Rupees five thousands only) before the Telangana High Court Advocates Association, within a period of one week from today.
7. Miscellaneous petitions, if any, pending, shall stand closed.
______________________ JUSTICE G. SRI DEVI November 19, 2021 PN 4 HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.1 and 2 of 2021 in/and CRIMINAL PETITION No.8421 of 2021 November 19, 2021 PN