Citation : 2024 Latest Caselaw 1909 Tel
Judgement Date : 3 May, 2024
THE HON'BLE SMT. JUSTICE K. SUJANA
I.A.Nos.2 and 3 of 2024
in/and
CRIMINAL PETITION No.4940 of 2024
COMMON ORDER:
It is submitted by learned counsel appearing for the
petitioners/accused Nos.1 to 3 as well as the respondent No.2,
that during pendency of the present Criminal Petition, the
parties have compromised the matter and accordingly, I.A.Nos.2
and 3 of 2024 have been filed to record the compromise between
them and to compound the offences.
2. Vide order dated 30.04.2024, this Court directed the
parties along with their respective counsel to appear before the
Secretary, High Court Legal Services Committee, High Court for
the State of Telangana, Hyderabad, for identification and to
submit a report.
3. Pursuant to the above said direction issued by this Court,
the parties have appeared and the Secretary, High Court Legal
Services Committee, has identified the parties and submitted a
report, dated 01.05.2024 and the same is placed on record.
4. At this juncture, learned Assistant Public Prosecutor for
respondent No.2-State opposed the compromise between the
parties as the offence under Sections 304-II and 308 of IPC is SKS, J
non-compoundable offence and prayed the Court to dismiss the
petition.
5. On the other hand, learned counsel for the petitioners
submitted that owners are no way concerned with the offence
alleged. In this regard, he placed reliance on the judgment of
this Court in Baldev Raj Kapur Vs. State 1 and prayed the
Court to allow the Criminal Petition.
6. In view of the above, I.A.Nos.2 and 3 of 2024 are allowed.
Consequently, this Criminal Petition is allowed and the
proceedings in Crime No.798 of 2023 on the file of Station
House Officer, K.P.H.B Colony, Cyberabad, against the
petitioners/accused Nos.1 to 3 are hereby quashed subject to
the petitioners paying an amount of Rs.5,000/- (Rupees Five
Thousand Only) to the Director, Sainik Welfare, Hyderabad
(Savings A/c.No.52188926279, State Bank of India,
Shantinagar Branch (20070), IFSC Code:SBIN0020070, MICR
No.500004057) and Rs.5,000/- (Rupees Five Thousand Only) to
the Telangana High Court Advocates Association, Hyderabad,
within a period of two (02) weeks from today and file proof of the
same before the Registry.
157(2009)DLT 747 SKS, J
Miscellaneous applications, if any pending, shall stand
closed.
______________ K. SUJANA, J Date: 03.05.2024 NOTE: Registry is directed to upload/supply certified copy of the order only after payment of above said amount.
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