Allowed a criminal petition under S. 482 Cr.P.C. and Crl.P.M.P. to quash proceedings under S. 332 IPC, as the accused and de facto complainant had amicably settled the matter.
Permission to compound the case granted; criminal petition allowed; proceedings in C.C.No.627 of 2014 quashed; bail bonds cancelled.
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.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Crl.P.M.P.No.3613 of 2015
AND
CRIMINAL PETITION No.3392 of 2015
Between :
Md. Farooq Shareef S/o.Mohd. Izaz Shareef.
… Petitioner/Accused
AND
Sri Sabavath Laxman S/o.Rajya
and another.
… Respondents
DATE OF JUDGMENT PRONOUNCED: 29.07.2015
SUBMITTED FOR APPROVAL:
THE HON’BLE Dr. JUSTICE B. SIVA SANKARA RAO
1. Whether Reporters of Local Yes/No newspapers may be allowed to see the Judgments?
2. Whether the copies of judgment may Yes/No be marked to Law Reporters/Journals?
3. Whether Their Ladyship/Lordship Yes/No wish to see the fair copy of the Judgment?
HON’BLE Dr. JUSTICE B. SIVA SANKARA RAO
Crl.P.M.P.No.3613 of 2015
AND
CRIMINAL PETITION No.3392 of 2015
COMMON ORDER :
This criminal petition is filed by the petitioner/accused under Section 482 Cr.P.C seeking to quash the proceedings in C.C.No.627 of 2014 on the file of the VII Additional Chief Metropolitan Magistrate, Hyderabad, for the offence punishable under Section 332 IPC.
2. Pending the criminal petition, Crl.M.P.No.3613 of 2015 is filed by the petitioner along with the affidavit of the de facto complainant-1st respondent and a joint memo, seeking permission to compound the criminal case stating that the matter is amicably settled between the parties out side the Court.
3. Having heard the parties, permission is thereby accorded as the parties stated that they have amicably settled the matter to purchase peace. Accordingly, the offence is compounded in terms of their compromise at the instance of the de facto complainant since present with the petitioner.
4. Accordingly, Crl.P.M.P.No.3613 of 2015 is allowed. Consequently, the criminal petition is allowed and all the proceedings relating to C.C.No.627 of 2014 on the file of the VII Additional Chief Metropolitan Magistrate, Hyderabad, are quashed against the petitioner. The bail bonds of the petitioner/accused, if any, shall stand cancelled.
5. Miscellaneous petitions pending, if any, shall stand closed.
Dr. B. SIVA SANKARA RAO, J
29th July 2015.
mar
2 issues framed by the court
Whether permission to compound the case under Section 482 Cr.P.C. should be granted given the settlement between parties?
Whether to quash the proceedings against the accused under Section 332 IPC upon settlement?
2 provisions across 2 enactments
Md. Farooq Shareef
Sri Sabavath Laxman
B. Siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
