THE HON'BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.529 of 2014 Between:
Mohd.Khaliq Pash and others ..... Petitioners/Accused And State of A.P., Represented by the Public Prosecutor, High Court of A.P., Hyderabad and another.
. Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.529 OF 2014 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in S.C.No.670 of 2013 on the file of the Court of V-Addl.Metropolitan Sessions Judge, Hyderabad, arising out of P.R.C.No.59 of 2013 on the file of Chief Metropolitan Magistrate, Hyderabad in Crime No.117 of 2010 of Kalapathar Police Station.
The second respondent filed Crl.M.P. No.339 of 2014, seeking permission of the Court for compounding the offence.
Parties are present before the Court and they were identified by Mr.Mohd.Abdul Ali, counsel for the second respondent.
When examined, the second respondent stated that she settled all the disputes with the petitioners/accused and she has no objection for quashing the proceedings.
The affidavit filed in support of this petition also discloses that both the parties have settled the disputes.
In view of the judgment of the Apex Court in Gain Singh v
[1]
State of Punjab wherein the Court held that the proceedings
having overwhelmingly and predominantly civil flavour stand on a different footing for the purpose of quashing, particularly, the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc., or the family disputes where the wrong basically is private or personal in nature and the parties have resolved their entire dispute, the High Court may quash the criminal proceedings, if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim.
In view of the compromise entered by the parties, this Court is of the view that no useful purpose will be served in allowing the proceedings to go on as the chances of conviction would be remote and bleak.
Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners in S.C.No.670 of 2013 on the file of the Court of V-Additional Metropolitan Sessions Judge, Hyderabad, arising out of P.R.C.No.59 of 2013 on the file of Chief Metropolitan Magistrate, Hyderabad in Crime No.117 of 2010 of Kalapathar Police Station are hereby quashed.
As a sequel, all miscellaneous petitions, pending if any, shall stand closed.
R.KANTHA RAO,J Dated: 23-01-2014 shr THE HON'BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.529 of 2014 Date: 23-01-2014 Shr
[1] (2012) 10 SCC 303