Allowed

R. Srinivas, v. The State of Andhra Pradesh

Telangana HC22 Feb 2013CRLP/220/2013

Case brief

AI extract

What is this about?

This court exercised powers under Section 482 CrPC to quash an FIR registered under Sections 417, 420 IPC and Section 3(1)(xii) of the SC/ST (Prevention of Atrocities) Act, 1989. The quashing resulted from an affidavit by the de facto complainant stating the matter was amicably settled.

What did the court decide?

Quashed the FIR in Crime No.167 of 2012 on the file of Mallial, Karimnagar District and allowed the criminal petition.

R. Srinivas, Vs The State of Andhra… — Constitutional and Fundamental Rights | Telangana HC (2013)

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HON’BLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL PETITION No.220 of 2013

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Date: 22.02.2013

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Between: R.Srinivas

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…Petitioner/Accused

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And

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The State of A.P. and others

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…Respondents

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HON’BLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL PETITION No.220 of 2013

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ORDER:

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This criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the FIR in Crime No.167 of 2012 on the file of Mallial Police Station, Karimnagar District.

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I have heard the learned counsel appearing for the de facto complainant/third respondent, learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State.

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Basing on the report lodged by the third respondent/de facto complainant, Mallial Police registered a case in Crime No.167 of 2012 under Sections 417, 420 IPC and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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Both the parties appeared before this Court and the de facto complainant filed an affidavit into the Court stating that on the intervention of the elders and well-wishers, they amicably settled the matter and she has decided not to proceed against the petitioner in the criminal case. She affirmed the contents of the affidavit to be correct and voluntarily made.

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Considering the nature of the offence and as the matter is amicably settled between the parties, I am of the view that keeping the FIR pending with the police would serve no useful purpose and it would cause undue hardship and inconvenience to the parties.

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Consequently, in exercise of powers under Section 482 of the Code of Criminal Procedure, FIR in Crime No.167 of 2012 on the file of Mallial, Karimnagar District is hereby quashed and the criminal petition is allowed.

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________________ R.KANTHA RAO,J

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Date: 22.02.2013 kvrm

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HON’BLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL PETITION No.220 of 2013

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Date: 22.02.2013

R. Srinivas, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

R. Srinivas, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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