HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8915 OF 2010 ORDER: This criminal petition is filed by the petitioner-defacto complainant, under Section 482 Cr.P.C., seeking to quash the common order dated 30.08.2010 passed by the learned I Addl. Chief Metropolitan Magistrate, Vijayawada, in Crl.M.P.No.3242 of 2010 and Crl.M.P.C.F.No.7100 of 2010 in C.C.No.170 of 2010. Facts of the case are that the petitioner herein filed Crl.M.P.No.3242 of 2010 before the I Addl. Chief Metropolitan Magistrate, Vijayawada, under Section 320 Cr.P.C., seeking permission to compound the offence and acquit/discharge accused No.2, 3rd respondent herein, on the ground that the dispute was settled out of the Court. Subsequently, he also filed Crl.M.P.C.F.No.7100 of 2010 under Section 320(2) Cr.P.C. seeking permission to compound the offence and acquit accused Nos.1 and 2, respondents 2 and 3 herein, stating that the dispute was settled out of the Court. The learned Magistrate, having heard both sides and also gone through the material available on record, came to the conclusion that though the offence is compoundable, giving permission for compounding the offence of the present nature is unconscionable in the opinion of the Court in view of very serious allegations sniped against high dignitaries of the A.P. Judiciary, and accordingly, dismissed both the petitions by a common order dated 30.08.2010. The same is challenged in this criminal petition. The petitioner, defacto complainant, is present before this Court and produced his identity and the same is verified by the learned Additional Public Prosecutor. He stated that upon the advice of the elders and well-wishers, himself and the accused, respondents 2 and 3 herein, have compromised the matter amicably and therefore he intends to withdraw the criminal proceedings pending against the accused before the Court with free will and consent and there is no coercion or undue influence from any other side for the same. Learned counsel for the petitioner, defacto complainant, submitted that the requirements under Section 320(2) Cr.P.C. were not followed by the Court below and, therefore, prayed to allow the criminal petition by exercising the inherent powers conferred on this Court under section 482 Cr.P.C. The learned Addl. Public Prosecutor submitted that there is no objection to acquit the accused inasmuch as both the parties settled the matter amicably. Having perused the entire record and in the light of the settlement arrived at between the parties and also the fact that the offence under section 420 IPC is compoundable, this Court is of the view that the impugned order is liable to be quashed. Accordingly, the criminal petition is allowed and the common order dated 30.08.2010 passed by the learned I Addl. Chief Metropolitan Magistrate, Vijayawada, in Crl.M.P.No.3242 of 2010 and Crl.M.P.C.F.No.7100 of 2010 in C.C.No.170 of 2010 is hereby quashed. Consequently, the said petitions are allowed and C.C.No.170 of 2010 is quashed and the accused are acquitted of the offence. __________________ RAJA ELANGO, J 3rd September, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8915 OF 2010 (Allowed) 3rd September, 2010 CBS