CRLP/888/2009 of Poli Radha Krishnaiah, (A-1), Vs The State of Andhra Pradesh, on 31 December 2010

ORDER:

Heard Ms.V.Sesha Kumari learned counsel for thepetitioners.

Petitioners filed this criminal petition to quash theproceedings in C.C.No.15 of 2007 on the file of the JudicialFirst Class Magistrate, Nandalur, Kadapa District. Both thepetitioners are A-1 and A-2 in the said calendar case.

The ground on which the petitioners have sought forquashing the proceedings in the above C.C. are stated in para6 of the petition and the prayer portion and they read as under:

“It is submitted that the petitionersalready deposited an amount ofRs.2,30,000/- in the court. The 2[nd]respondent and the petitioners settled thematter out of court. Hence the continuationof the proceedings is only an abuse ofprocess of law.

It is prayed that this Honourable Courtmay be pleased to quash the proceedings inC.C.No.15/2007 on the file of the JudicialFirst Class Magistrate, Nandalur, Kadapa District and pass such other order or ordersas this Honourable Court may deem fit andproper in the circumstances of the case.”

In the previous paragraphs of the petition, it is mentionedby the petitioners that there was some settlement betweenthem and the complainant party and consequently they settledthe matter and even after settlement the complainant party iscontinuing the prosecution in the above C.C.No.15 of 2007and this is an abuse of process of the court and therefore theproceedings should be quashed.

The relief claimed by the petitioners, however, cannot begranted for this reason. It may be noted that even assumingfor a moment that the plea of the petitioners regardingsettlement is accepted, the offences under Section 138 ofNegotiable Instruments Act, Sections 420 and 406 IPC can becompounded. But, the other offence i.e., under Section 409IPC is not compoundable. It is also well settled that even theLok Adalat cannot entertain the matter, which involves non-compoundable offence.

In these circumstances, as the offence under Section409 IPC is not compoundable and as the allegation in thecharge sheet shows that offence also, it is not open for thisCourt to interfere in the matter and quash the proceedings onthe plea raised by the petitioners. However, it is always openfor the petitioners to take necessary steps before the trial courtin which the calendar case is pending for appropriate relief asper law.

This petition is accordingly dismissed.

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SHANKAR, J.31.12.2010kpr

N.RAVI