The court allowed a petition to quash criminal proceedings under Section 482 Cr.P.C. after the complainant filed an affidavit stating an amicable out-of-court settlement had been reached, with a direction to pay costs via the Legal Services Authority.
The Criminal Petition was allowed and the proceedings in Crime No.168 of 2011 were quashed.
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HON'BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.8257 of 2011
ORDER:
Petitioner/A-1 approached this Court with a prayer to quash the proceedings initiated against him in Crime No.168 of 2011 on the file of Bhimavaram I Town Police Station, West Godavari District.
Heard.
Today, the petitioner and the de facto complainant are present before this Court. The de facto complainant produced a copy of his votor identity card, in proof of his identity. He also filed an affidavit stating that he is not interested in pursuing the present complaint as the dispute has been resolved amicably out of Court and they have entered into compromise.
The learned Additional Public Prosecutor submitted that there is no objection to quash the proceedings against the petitioner 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 by invoking the provisions under Section 482 Cr.P.C., the proceedings against the petitioner can be quashed.
In view of compounding of the offence, the parties are directed to pay an amount of Rs.5,000/-, towards costs, before the A.P. Legal Services Authority, Hyderabad, and accordingly they have paid the same before the said Authority vide receipt No.381 dated 11.10.2011.
Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioner in Crime No.168 of 2011 on
the file of Bhimavaram I Town Police Station, West Godavari District, are hereby quashed.
Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
__________________ RAJA ELANGO, J
11.10.2011 v v
HON’BLE SRI JUSTICE RAJA ELANGO
1 issue framed by the court
Whether the criminal proceedings against the petitioner can be quashed in light of an out-of-court compromise between the parties.
1 provisions across 1 enactments
Petitioner/A-1
De facto complainant
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
