Nadir Khajani, Vs State of a.P., rep by Public Prosecutor

HON’BLE SRI JUSTICE G. BHAVANI PRASAD

Criminal Petition No.6558 of 2009

ORDER:

The petitioner and Sri D.C. Sharma representing the second respondent are present before the court and they are identified by Sri Sharad Sanghi, and Smt. Priyadarshini Arora, learned counsel for the petitioner and Sri C. Jay Bharadwaj, learned counsel for the second respondent. The letter of delegation issued by Col. J.K. Sharma, the constituted attorney of the second respondent, in favour of Sri D.C. Sharma is also filed. Sri D.C. Sharma stated before the Court that the matter has been compromised between the parties and the offences are compounded and the further proceedings may be quashed. The petitioner also reiterated the same request.

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A perusal of the material papers on record shows that the disputes are purely personal and commercial not involving any question of public policy and in view of the compromise, any continuance of the prosecution will be a futile exercise. The inherent jurisdiction of this Court should be invoked in such cases, according to the Apex Court, taking a pragmatic view in order to put an end to a vexing litigation. Accordingly, the Criminal Petition has to succeed.

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Therefore, the further proceedings in C.C.No.309 of 2009 on the file of the Court of II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, against the petitioner are quashed and the Criminal Petition is allowed.

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Sri Sharad Sanghi, learned counsel for the petitioner further requested for appropriate orders concerning the goods said to

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have been seized in connection with the criminal proceedings. But, in the absence of the relevant record before this Court, it will be more appropriate for the trial court to pass any consequential orders required on being approached by the parties in respect of such goods.

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_____________________ G. BHAVANI PRASAD, J

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Date: 10-09-2009

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Ksn

Nadir Khajani, v. State of a.P., rep by Public Prosecutor

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Nadir Khajani, v. State of a.P., rep by Public Prosecutor

Case brief

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