HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos. 7586 and 7630 OF 2007. DATED 15TH JULY, 2010. BETWEEN S.V.Mohan Reddy ….Petitioner in Crl.P.no.7586/2007/Accused No. 7 P.Venkaappa Naidu and ors ….Petitioners in Crl.P.No.7630/2007/Accused Nos. 1 to 6 and The State of AP,rep. By its Public Prosecutor and anr. …Respondents in both petitions. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos. 7586 & 7630 OF 2007. COMMON ORDER: These Criminal Petitions under Section 482 of Cr.P.C. are ﬁled by Accused No.7 and Accused Nos. 1 to 6 respectively to quash the proceedings in Crime No. 284 of 2007 of II town Police Station, Kurnool. It is submitted by the learned Counsel for the petitioners that the second respondent-defacto complainant ﬁled an aﬃdavit before this Court stating that the matter is settled out of Court amicably and therefore she is not interested to pursue the matter any further. The said aﬃdavit runs as follows: “ I submit that I am the second respondent in the above Criminal Petitions and as such I am well acquainted with the facts of the case. I submit that I gave a complaint against A.1 to A.7 and the same has been registered as Crime No. 284 of 2007 of Kurnool II Town Police Station, dated 16.11.2007, for the oﬀence punishable under Section 195-A, 143 and 506 IPC. During investigation, the accused A.1 to A.7 ﬁled two Criminal petitions, i.e. Criminal Petition No. 7586 of 2006 ﬁled on behalf of A.7 and Criminal Petition No. 7630 of 2007 ﬁled on behalf of A.1 to A.6 before this Honourable Court. The Honourable High Court was pleased to grant interim stay for all further proceedings by issuing notice to us. During the pendency of the Criminal Petitions in the Honourable High Court, we have settled our diﬀerences amicably and resolved our disputes with the accused. I submit that in fact due to political diﬀerences earlier, we have lodged the present complaint at the behest of our leaders. Now I submit that we have patched up our diﬀerences amicably and we were living in the village with much peace and harmony without any untoward incident. I submit that none of the accused pressurized me and induced me to give false evidence in the Sessions Court. In fact nobody prevented me from attending the court. I submit that the said report was given at the behest of local political leaders. In fact there was no threat by any of the petitioners as alleged in my report. I realized my mistake and I pray that this Honourable Court may be pleased to drop the proceedings against the accused. I am hereby giving this aﬃdavit voluntarily, without any coercion or force or pressure from any quarter and I am not hiding any thing and I also submit that the above contentions are true and correct. I have no objection if the proceedings in Criminal Petition Nos. 7586 of 2007 and 7630 of 2007 are quashed.” The learned Public Prosecutor submitted that the oﬀence alleged is non compoundable oﬀence and hence the same cannot be taken into to 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, the charge sheet is yet to be ﬁled in this case and 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, further continuance of the proceedings in Crime No. 284 of 2007 of II town Police Station, Kurnool, may cause hurdle/prejudice to the parties herein and therefore they are hereby quashed. The Criminal Petition is accordingly allowed. ----------------------------------- JUSTICE RAJA ELANGO DATED 15T H JULY, 2010. Msnr.