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2010 DIGILAW 490 (AP)

Baddam Sandeep v. State of Andhra Pradesh

2010-06-18

GOPALA KRISHNA TAMADA

body2010
ORDER This criminal petition is filed by the petitioners seeking to quash Crime No.25 of 2010 of Ghatkesar Police Station, Rangareddy District. 2. The 2nd respondent herein lodged a complaint with Ghatkesar Police Station, Rangareddy District, against the petitioners herein for the offences punishable under Sections 307, 427 read with 34 IPC alleging that on 7.2.2010 himself and his brother attended the birthday party of his friend by name Raju at Srinidhi Resorts, Ghatkesar. On coming to know of their arrival through his friend Raju, the petitioners along with others came there and attacked them with sticks and rods and also damaged his Hero Honda motor cycle bearing No. AP 29 BA/ 2722, with an intention to kill them, keeping in view the old rivalry between them. Having received the complaint, the police registered Crime No.25 of 2010 against the petitioners. Questioning the same, the petitioners filed the present criminal petition. 3. Heard both sides. 4. While ordering notice before admission, by an order dated 10.3.2010, this Court granted stay of all further proceedings including arrest of the petitioners in Crime No.25 of 2010. 5. The 2nd respondent and the petitioners are present before this Court today. When the matter is taken up for hearing, the learned Counsel for the petitioners submitted that the 2nd respondent, complainant, wants to withdraw the complaint and the offence under Section 307 IPC is not compoundable, he requested this Court to get the offence compounded by invoking the inherent powers conferred under Section 482 Cr.P.C. When enquired the 2nd respondent-complainant, he stated that he is no more interested in getting the matter prosecuted. 6. From a perusal of the complaint, it appears that the petitioners and the 2nd respondent are students. It is stated by the learned Counsel for the petitioners that the petitioners are studying Engineering Course. 7. Having regard to the fact that the 2nd respondent-complainant, himself has come forward stating that he is no more interested in prosecuting the complaint and also taking into consideration the fact that the petitioners and the 2nd respondent are students, this Court is inclined to allow this petition by exercising its inherent powers conferred under Section 482 Cr.P.C. 8. Accordingly, the criminal petition is allowed and Crime No.25 of 2010 of Ghatkesar Police Station, Rangareddy District, is hereby quashed.