HON'BLE SRI JUSTICE A.SANTHOSH REDDY
I.A.Nos.1 and 2 of 2022
In/and
Crl.P.No.5127 of 2013
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crl.MP.No.511 of 2013 in Cr.No.364 of 2012 and in consequential C.C.No.533 of 2013 against the petitioner/A-4 on the file of VIII Metropolitan Magistrate, Cyberabad, Ranga Reddy District.
2. During pendency of the Criminal Petition, the parties have compromised the matter and accordingly, respondent No.2- de facto complainant has filed I.A.Nos.1 and 2 of 2022 under Section 320 read with Section 482 Cr.P.C. to permit him to enter into compromise, record the terms of compromise thereof and compound the offences by quashing the proceedings against accused in the said crime. Along with the said applications, a joint memo which is signed by the parties and their counsel, photographs of the parties and Photostat copies of their Aadhar 2 Cards came to be filed. In the affidavit filed it has been stated that respondent No.2 - de facto complainant has filed a complaint against the petitioners /accused before the Police Station and the same has been registered as Crime No.364 of 2012 for the offences under Sections 403, 406 and 420 IPC and police filed final report stating that the complaint as civil in nature. Aggrieved by the same, respondent No.2 filed protest petition and thereafter aforesaid C.C.was registered. While so, now the de facto complainant has entered into compromise with the accused and accordingly approached this Court for recording the compromise with the petitioners/accused and they have settled the matter outside the Court and he has no objection for quashing the proceedings against the petitioners.
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 and well wishers of both the parties, they have settled the matter out of the Court and the second respondent 3 stated that they have settled the matter out of Court and he has no objection for quashing the proceedings against the petitioners.
4. In Gian Singh v. State of Punjab and another1, the Apex Court held as under:
"The power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court."
5. Taking into consideration the Judgment of the Apex Court referred to above and the fact of settlement arrived at between the parties and as all the offences are compoundable, I.A.Nos.1 and 2 of 2022 are allowed. Consequently, the Criminal Petition is allowed and the proceedings in Crl.MP.No.511 of 2013 in Cr.No.364 of 2012 and in consequential C.C.No.533 of 2013 on the file of VIII Metropolitan Magistrate, Cyberabad, Ranga Reddy District, are hereby quashed against the petitioner/A-4. The petitioner is directed to pay costs of Rs.5,000/-(Rupees Five Thousand Only) to the Telangana High Court Advocates 1 (2012) 10 Supreme Court Cases 303 4 Association within ten (10) days from today, and file proof of the same into the Registry.
As a sequel, the miscellaneous applications, if any, pending in the criminal petition shall stand closed.
____________________ A.SANTHOSH REDDY, J 13.07.2022 Nvl 5 HON'BLE SRI JUSTICE A.SANTHOSH REDDY I.A.Nos.1 and 2 of 2022 In/and Crl.P.No.5127 of 2013 Nvl 13.07.2022