K SUDHAKAR REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The criminal petition is filed by the petitioner/accused under Section 482 Cr.PC seeking to quash the proceedings in Crime No. 1308 of 2012 on the file of the L.B. Nagar (L&O) Police Station, Cyberabad. On the complaint dated 12.9.2012 lodged by the Deputy Transport Commissioner, Ranga Reddy District, on behalf of the respondent No. 2/alleged victim alleging that on 11.9.2012 one K. Surender Reddy manhandled the respondent No. 2 working in the Office of the R.T.O., Ibrahimpatnam, the L.B. Nagar L&O Police, Cyberabad registered the Crime No. 1308 of 2012 for the offences under Sections 353, 323 and 290 of I.P.C. against the petitioner herein. In fact, the name of the petitioner is not Surender Reddy, but it is K. Sudhakar Reddy. However, the petitioner never assaulted respondent No. 2. Respondent No. 2, realizing his mistake, submitted an affidavit on 8.10.2012 to the effect that on his physical verification, the petitioner is not the accused, and the complainant also informed the Station House Officer, L.B. Nagar Police Station vide his Letter No. 5762/A1/2012 dated 11.10.2012, that the petitioner is not the accused person. However the police are still continuing the F.I.R. treating the petitioner as an accused and causing much embarrassment to the petitioner and the members of his family. In fact the respondent No. 2/victim filed an affidavit and a joint memo of compromise expressing his unconditional willingness for quashing the above crime. In view of this compromise and in the light of the latest guidelines of the Supreme Court for quashing F.I.Rs,/ Charge-sheets on the victims entering into compromise, as laid down in the very recent Larger Bench decision of the Supreme Court of India in Giansing v. State of Punjab and another, 2012 9 Scale 257, at Para 61, the instant case deserves to be quashed as it is an abuse of process of law. Therefore, prays to quash the proceedings in Cr. No. 1308 of 2012 of L.B. Nagar L&O Police Station, Cyberabad.

(2.) Basing on the complaint given by the Deputy Transport Commissioner, Ranga Reddy District, the offences under Sections 353, 323 and 290 of I.P.C. have been registered. Though the offences are not compoundable, it was arising out of a sudden provocation and not a premeditation act. In view of the compromise, possibility of conviction is remote and very bleak. Therefore, it is not a serious or heinous offence, which will have a serious impact on the society.

(3.) Both parties are present and they slated that the case has been compromised between the parties. In view of the compromise between them amicably, continuation of the impugned proceedings is nothing but abuse of process of Court and there is no impediment to quash the proceedings. Accordingly, the criminal petition is allowed quashing the proceedings in Crime No. 1308 of 2012 on the file of the L.B. Nagar L&O Police Station, Cyberabad, Miscellaneous petitions pending, if any, in this criminal petition shall stand closed.