The Court quashed criminal proceedings under Sections 420, 468, and 471 IPC after the parties reported the matter was settled out of court and a peace compounding motion was filed.
Criminal P.M.P. No. 11277 of 2011 and the Criminal Petition allowed; proceedings in FIR No. 31 of 2010 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRL.M.P. (SR) No. 35254 of 2011 & CRIMINAL PETITION No.12604 of 2010
ORDER:
The petitioner-Accused No.1 approaches the Court with a prayer to quash the proceedings initiated against him in F.I.R. No. 31 of 2010 on the file of the Station House Officer, I Town Police Station, Kadapa, registered for offences punishable under Sections 420, 468 and 471 I.P.C.
2. Heard both sides.
3. Today, the petitioner-A1 and the wife of the 1st respondentcomplainant, late G. Shareef are present. The petitioners and the 3rd respondent filed their voters’ Identity Cards in proof of their identity. It is reported by the third respondent that at the intervention of elders, the matter is settled out of Court between her and the petitioner and she is not interested in pursuing the said case and she also filed an affidavit to that effect, which shall form part and parcel of the record. As the alleged offences are punishable under Sections 420, 468 and 471 I.P.C. and as the matter is settled between the parties, the petitioner filed Criminal P.M.P.No. 11277 of 2011 seeking to permit them to compound the offences in terms of the compromise entered into between them.
4. Accordingly, the Crl.M.P.11277 of 2011 and the Criminal Petition are allowed and the proceedings in F.I.R. No. 31 of 2010 on the file of the Station House Officer, I Town Police Station, Kadapa, initiated against the petitioner-A1 are hereby quashed.
18th October, 2011
_________________ RAJA ELANGO, J.
pnb
2 issues framed by the court
Whether criminal proceedings under Sections 420, 468, and 471 IPC should be quashed upon settlement of the matter.
Whether the peace compounding motion filed under Criminal P.M.P. No. 11277 of 2011 should be allowed.
2 provisions across 2 enactments
G. Shareef's wife
Petitioner-Accused No.1
1st Respondent-Complainant
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
