IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * *
Crl.P.M.P No.6662 of 2015 IN/ AND
Crl.P. No.6747 of 2015
Between:
Kosana Ravi Prasad & 8 others AND …Petitioners State of A.P., rep. by Public Prosecutor High Court at Hyderabad & another .. Respondents DATE OF JUDGMENT PRONOUNCED: 13-08-2015
SUBMITTED FOR APPROVAL:
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals
3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
Crl.P.M.P No.6662 of 2015 IN/ AND
Crl.P. No.6747 of 2015
COMMON ORDER :
This Criminal Petition is filed by the petitioners/ accused Nos.1 to 9 under Section 482 Cr.P.C seeking to quash the proceedings of C.C No.1035 of 2014 on the file of the II Additional Judicial Magistrate of the First Class, Eluru, West Godavari District, which is the outcome of Crime No.224 of 2014 of Eluru II Town Police Station presented by the 2nd respondent, registered for the offences under Sections 144, 365, 394, 506, 330 r/w 149/34 IPC, that the de facto complainant collected Rs.20 lakhs to facilitate employment to his relatives and friends and failed to provide job and when the petitioners demanded for payment, he foisted a false case against them.
2) Pending disposal of the Criminal Petition, de facto complainant and accused are present and filed a joint memo with affidavit of de facto complainant in Crl.P.M.P No.6662 of 2015 seeking permission to compound the offences under Section 482 Cr.P.C stating that they have settled the dispute amicably, hence to compound.
3) A perusal of record shows the offence attracts under Section 397 and 394 IPC. However, a perusal of record shows the accused are in fact the victims in the hands of de facto complainant. The fatual matrix of the record is otherwise but for the truth traverse for the alleged offences during hearing on the compromise.
3) Having regard to the above, it is a fit case to invoke Section 482 Cr.P.C to sub-serve the ends of justice and it is appropriate to grant permission to compound. Accordingly, the Crl.P.M.P. No.6662 of 2015 is ordered and permission is accorded and the offences are compounded.
4) Consequently, the Criminal Petition is allowed and all the proceedings relating to C.C. No.1035 of 2014 on the file of the II Additional Judicial Magistrate of the First Class, Eluru, West Godavari District is hereby quashed. The bail bonds of the accused, if any, shall stand cancelled.
5) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.
Dr. B. SIVA SANKARA RAO, J 13.08.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
Crl.P.M.P No.6662 of 2015 IN/ AND
Crl.P. No.6747 of 2015
knl Date:13.08.2015