HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 7137 OF 2010. DATED 21st JULY, 2010. BETWEEN Bandagonda Narsimhulu and ors ….Petitioner and Palle Srinu and ors. …Respondentss HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 7137 OF 2010. ORDER: This Criminal Petition under Section 482 of Cr.P.C. is ﬁled to quash the proceedings in C.C.No. 135 of 2010 on the ﬁle of the Judicial First Class Magistrate, Kodangal which arose out of Crime No. 79 of 2009 of Maddur Police Station. It is submitted by the learned Counsel for the petitioners as well as the learned Counsel for the ﬁrst respondent that the matter is settled out of Court amicably and hence the proceedings pending before the Court below may be quashed. The aﬃdavit ﬁled along with the present Criminal Petition, reﬂecting the compromise settled between the parties, reads as follows: “ I submit that I am the ﬁrst respondent herein and defacto complainant in C.C.No. 135 of 2010 on the ﬁle of the Court of the JFCM, Kodangal which arose out of Crime No. 79 of 2009 of Maddur Police Station. The Sub Inspector of Police Maddur and I read over the contention of the quash petition. I submit that basing on my complaint the above said case has been registered against the accused. In fact the incident took place out of frustration and sudden provocation due to mis-understanding. At the advice of elders and well wishers, we compromised the matter out of Court. I also express my intention to drop the criminal complaint to police but they said that it cannot possible since the crime is non- compoundable. I submit that since we compromised out of Court, this Honourable Court may be quashed the proceedings against the petitioners and pass appropriate order or directions or may be permit me to compound with the petitioners and also I have no objection to close against the petitioners. It is prayed that this honourable Court may be pleased to permit the petitioners/defacto complainant to compound with the accused who are the petitioners in Crl.P.No. 7137 of 2010 on the ﬁle of this Court which filed to quash the proceedings in CC.No. 135 of 2010 on the ﬁle of the Court of the JFCM Kodangal which arose out of Crime No. 79 of 2009 of Maddur Police Station and pass other order or orders which may be deemed ﬁt and proper in the circumstances of the case.” Today when the matter is posted for hearing, the learned Counsel appearing on either side submitted that inasmuch as the petitioners and the ﬁrst respondent settled the dispute amicably out of Court, this Court may pleased to quash the said proceedings pending before the Court below. The ﬁrst respondent/defacto complainant is present before this Court in person and produced his identity. This Court perused the same. However, the learned Public Prosecutor submitted that the oﬀence alleged is non compoundable oﬀence and hence the same cannot be taken into compromise. This Court perused the entire record and aﬃdavit ﬁled by the defacto-complainant. It is to be seen that even though the oﬀence alleged is non- compoundable, even after ﬁling of the charge sheet and completion of further proceedings before the trial Court, no fruitful result will come out in favour of the prosecution in view of the stand taken by the defacto complainant in the matter. In view of the same, this Court is of the view that the further proceedings pending against the petitioners/accused can be quashed in the interest of justice. In view of the settlement arrived at between the parties, this Court is of the view that further continuance of the proceedings before the Court below may cause hurdle/prejudice to the parties herein and therefore they are liable to be quashed. Accordingly, proceedings in C.C.No. 135 of 2010 on the ﬁle of the Judicial First Class Magistrate, Kodangal which arose out of Crime No. 79 of 2009 of Maddur Police Station are hereby quashed. The Criminal Petition is accordingly allowed. ----------------------------------- JUSTICE RAJA ELANGO DATED 21st JULY, 2010. Msnr.