The Court quashed criminal proceedings under Section 482 Cr.P.C. after the parties, including the complainant, amicably compromised the matter of cheating out of court without coercion.
The proceedings in Crime No.19 of 2009 of Venkatapur P.S., Warangal District are quashed and the affidavit of the respondent is made part of the order.
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HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12191 of 2011
ORDER:
This criminal petition is filed by the petitionersaccused Nos.1 to 4, under Section 482 Cr.P.C., seeking to quash the proceedings in Crime No.19 of 2009 of Venkatapur P.S., Warangal District, registered for the offence punishable under Section 420 of IPC.
When the matter is taken up for hearing today, it is submitted by the learned counsel for the petitioners that during pendency of the Criminal Petition, at the intervention of elders and well wishers, both the parties compromised the matter out of Court and, therefore, he prayed to quash the proceedings against the petitioners.
The de facto complainant, 2nd respondent herein, is present before this Court and produced his identity and the same is verified by the learned Addl. Public Prosecutor. He stated that on the advice of elders and well-wishers, himself and the petitioners have compromised the matter out of Court and therefore he intends to withdraw the criminal proceedings pending against the petitioners with free will and consent and there is no coercion or undue influence from any other side for the same. He also filed an affidavit narrating the compromise.
The learned Addl. Public Prosecutor submitted that there is no objection to quash the proceedings inasmuch as both the parties settled the matter amicably.
In the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against the petitioners would serve no purpose and invoking the provisions under Section 482 Cr.P.C. the proceedings in the crime can be quashed by compounding the offence.
Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.19 of 2009 of Venkatapur P.S., Warangal District are hereby quashed. The affidavit of the 2nd respondent filed into Court be made as part of this order.
Miscellaneous Petitions, if any, filed along with the criminal petition shall stand closed.
__________________ RAJA ELANGO, J
2nd December, 2011 cbs
HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.12191 of 2011
(Allo wed)
2nd December, 2011
cbs
2 issues framed by the court
Whether the criminal proceedings should be quashed in light of the compromise between the parties.
Whether the offence under Section 420 of IPC is compoundable and allow for quashing of proceedings.
1 provisions across 1 enactments
Accused Nos.1 to 4
Complainant
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
