Telangana High Court
CRLP/7427/2012 of Chiralapu Ramadevi Vs The State of A.P., rep. by P.P., on 30 December 2014
SRI JUSTICE M.SEETHARAMA MURTI CRIMINAL PETITION No.7427 of 2012 ORDER : This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘ the CrPC’) by the petitioner/A4 requesting to quash the proceedings in P.R.C.No.42/2012 on the
THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTICRIMINAL PETITION No.7427 of 2012
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
This Criminal Petition is filed under Section 482 of the Codeof Criminal Procedure, 1973 (for short, ‘the CrPC’) by the petitioner/A4requesting to quash the proceedings in P.R.C.No.42/2012 on the file ofthe learned Judicial Magistrate of First Class, Shadnagar, MahabubnagarDistrict.
2. When the matter is taken up for hearing, the learned counselfor both the sides i.e., the petitioner/A4 and the secondrespondent/complainant had submitted that the parties havecompromised and settled the matter out of Court and that the terms ofsettlement are reduced into writing in the form of a Joint Memo signed byboth the parties and their counsel and that accordingly, themiscellaneous petition in Crl.P.M.P.No.9504/2014 is filed seekingpermission to enter into a compromise. Having so pleaded, it isrequested that the criminal petition filed by the petitioner/A4 be allowedand the proceedings against her in the aforementioned PRC which arisesout of Cr.No.57/2004 of Keshampet Police Station registered for theoffences punishable under Sections 329, 384 and 504 read with Section34 of the Indian Penal Code and under Section 3(1)(x)(2)(v) of theSC/STs (POA) Act, 1989 and under Sections 7 and 11 of the Preventionof Corruption Act, 1998 may be quashed. It is submitted that it is borneout by the record that the present petitioner/A4 was not involved in anyoffence under the provisions of the Prevention of Corruption Act and heralleged complicity in the present crime was only in regard to the otherpenal provisions mentioned supra.
3. The petitioner/A4 and the second respondent/ complainantpresent in the Court have asserted the terms of the compromise and stated that they had entered into the compromise voluntarily and out offree will. In view of the compromise entered into between the parties, thecontinuation of proceedings will not serve any purpose. Invoking theenabling provisions of CrPC, permission is accorded to compound theoffences and enter into the compromise.
4. Accordingly, Crl.P.M.P.No.9504/2014 is ordered and theCriminal Petition No.7427/2012 is disposed of in terms of thecompromise and the proceedings against the petitioner/A4 in P.R.C.No.42 of 2012 on the file of the learned Judicial Magistrate of First Class,Shadnagar, Mahabubnagar District are quashed. The Joint memo ofcompromise shall form part of the order.
Miscellaneous petitions, if any, pending in this Criminal Petitionshall stand closed.
____________________________
M.SEETHARAMA MURTI, J
Date: 30.12.2014MVA