This order quashes criminal proceedings initiated under an FIR for cheating under Section 420 IPC. The Court allowed the petition based on an out-of-court compromise between parties, directing the release of the accused's passport.
Proceedings in FIR No.10 of 2013 are quashed; passport of accused A1 is directed to be released.
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THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI
CRIMINAL PETITION No.16314 OF 2014
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the CrPC’) by the petitioners/accused 1 to 3 requesting to quash the proceedings in FIR No.10 of 2013 on the file of Dharmapuri Police Station, Karimnagar District, registered for the offence punishable under Section 420 of the Indian Penal Code.
2. When the matter is taken up for hearing, the learned counsel for both the sides had represented that the parties had settled and compromised the matter out of Court and that the terms of the compromise are reduced into writing and that a Memorandum of Compromise is filed along with the petition in Crl.P.M.P. (SR).No.48381/2014 requesting to record the compromise.
3. The second respondent/defacto complainant in the Criminal Petition and the petitioners/accused 1 to 3 who are present in the Court asserted the terms of the compromise. At the time of recording the compromise, it is submitted that the passport of A1 was seized and that in view of the compromise and also in view of the ‘no objection’ for the defacto complainant the said A1 is entitled to take return of the passport. In view of the compromise, no purpose would be served in continuing the proceedings. Hence, invoking the enabling provisions of the CrPC permission is accorded.
4. In the result, Crl. P. M.P. (SR) No.48381 of 2014 is ordered and the Criminal Petition is disposed of in terms of the compromise and the proceedings against the petitioner/accused 1 to 3 in FIR No.10 of 2013 on the file of Dharmapuri Police Station, Karimnagar District are quashed. The learned Additional Judicial Magistrate of First Class, Jagityal of Karimnagar District is directed to release the passport of the A1 in accordance with the procedure established by law.
The Memorandum of Compromise shall form part of the order.
Miscellaneous petitions, if any, pending in the Criminal Petition shall
stand closed.
M.SEETHARAMA MURTI, J
Date: 06.12.2014
MVA
2 issues framed by the court
Whether criminal proceedings under Section 420 IPC should be quashed upon settlement and filing of a compromise.
Whether the passport of the accused shall be released in light of the compromise.
1 provisions across 1 enactments
Petitioners/accused 1 to 3
Second respondent/defacto complainant
M.SEETHARAMA MURTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
