Allowed

Mr.Sridhar Kumar Dash v. The State of Telangana

Telangana HC24 Feb 2016CRLP/2375/2016

Case brief

AI extract

What is this about?

The Court allowed the petitions to quash criminal proceedings under Sections 420, 379, and 405 IPC arising out of a private complaint. The petitioners and complainant entered into a compromise through elders. The Court held that continuation of proceedings would be futile and exercised its inherent jurisdiction to quash the charges.

What did the court decide?

Proceedings against the petitioner/accused in Crime No. 602 of 2015 of Basheerbagh Police Station, Cyberabad are quashed.

Mr.Sridhar Kumar Dash Vs The State of Telangana — Cheating and Forgery | Telangana HC (2016)

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THE HON’BLE SRI JUSTICE RAJA ELANGO Crl.M.P.Nos.2398 and 2399 of 2016 and

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Criminal Petition No.2375 of 2016

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ORDER:

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The above Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash proceedings initiated against by the petitioner/

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accused in Crime No.602 of 2015 of Basheerbagh Police Station, Cyberabad, registered for the offences punishable under Sections 420, 379 and 405 IPC, arising out of private complaint lodged by the 2^nd respondent.

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The petitioner is alleged to have committed the offences punishable under Section 420, 379 and 405 IPC.

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When this matter is taken up for hearing, the petitioners and the 2^nd respondent-de facto complainant, who appeared before this Court, submitted through their Counsel that due to intervention of elders, they entered into compromise and therefore, the proceedings in the above crime may be quashed. The 2^nd respondent-de facto complainant filed an affidavit to that effect. Both parties have filed a joint memo of compromise also.

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In view of the compromise arrived at between the parties, the continuation of proceedings against the petitioner/accused would be the exercise in futility. In a case of this nature, the Courts would be justified in invoking its inherent jurisdiction, and the technicalities should not be allowed to stand in the way of Courts’ power to quash the criminal proceedings even in the case of non-compoundable offences.

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In the above circumstances and in view of the compromise, this Court feels that it is just and proper to quash the proceedings against the petitioner herein. Hence, the above Crl.M.Ps are ordered, and the proceedings against the petitioner/accused in Crime No.602 of 2015 of Basheerbagh Police Station, Cyberabad are quashed. The petitioners is directed to pay Rs.5,000/(Rupees five Thousand only) towards costs and the 2^nd respondent-de facto complainant is also directed to pay Rs.5,000/(Rupees five Thousand only) towards costs, on or before 04-032016 to the Telangana State Legal Services Authority, Hyderabad. The Registry is directed to issue a copy of this order to the parties concerned after furnishing receipt of payment of costs.

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Accordingly, the above Crl.M.Ps are ordered and the Criminal Petition is allowed. Consequently, miscellaneous petitions pending, if any, shall stand closed.

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_________________ RAJA ELANGO, J

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Date: 24-02-2016

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Ksn

Mr.Sridhar Kumar Dash v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr.Sridhar Kumar Dash v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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