This common order quashes criminal proceedings and a related motion for withdrawal upon a recorded compromise between parties, describing the disputes as personal in nature.
Further proceedings in Crime No.13 of 2009 on the file of Kaikalur Town Police Station, Krishna District, are quashed.
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HON’BLE SRI JUSTICE G.BHAVANI PRASAD
Criminal Petition No.2326 of 2009
Dated : 11.09.2009
Between :
Dandamudi Prasanth & 2 others
….. Petitioners a n d
The State of A.P. & another
….. Respondents
HON’BLE SRI JUSTICE G.BHAVANI PRASAD
Criminal Petition No.2326 of 2009 and
Crl.P.M.P.No.6929 of 2009
COMMON ORDER:
Petitioner Nos.1 to 3 and the second respondent are present in person before the Court and they are identified by Sri Sai Gangadhar Chamarthy, learned counsel for the petitioners.
The second respondent also filed Crl.P.M.P.No.6929 of 2009 requesting for permission to withdraw crime No.13 of 2009 on the file of Kaikalur Town Police Station, Krishna District, in view of compromise entered into between the parties, which was reduced into writing. The second respondent stated before the Court also that she compromised and compounded all the offences and she desired the further criminal proceedings against the petitioners be quashed. The criminal petition is also to the same effect and the petitioners also reiterated the same request. The compromise was already recorded in O.P.No.507 of 2008 on the file of the Family Court, Hyderabad.
A perusal of the material papers on record shows that the disputes are purely personal in nature not involving any public policy and in view of compromise, any continuance of the prosecution will be a futile exercise. The inherent powers of the Court should be invoked to put an end to the vexing
litigation by taking a pragmatic view as advised by the Apex Court.
Therefore, Crl.P.M.P.No.6929 of 2009 is allowed. Consequently, the criminal petition is allowed and the further proceedings in crime No.13 of 2009 on the file of Kaikalur Town Police Station, Krishna District, are quashed. The parties are informed.
______________________ G.BHAVANI PRASAD, J
11th September, 2009 SUR
2 issues framed by the court
Whether to quash criminal proceedings upon compromise in a personal dispute.
Whether inherent powers under Section 482 CrPC can be invoked to end vexatious litigation based on a recorded compromise.
2 provisions across 2 enactments
Dandamudi Prasanth and others
The State of A.P.
Second Respondent
BHAVANI PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
