THE HON’BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION NO.1920 of 2017

ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), seeking to quash the proceedings in FIR No. 202 of 2015 of Kothagudem I TN Police Station, Khammam District, wherein the petitioners were arrayed as accused Nos.1 to 3 and 5 to 8 for the offences punishable under Section 420, 406, 409, 477-A r/w. 34 of the Indian Penal Code, 1860 and 156(3) of Cr.P.C.

2. Heard Sri R.Chandrashekar Reddy, learned counsel for the petitioners; Sri M. Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1 and Sri G.K.Sampath Kumar, learned party-in-person (respondent No.2).

3. A perusal of the record reveals that respondent No.2 lodged a private complaint on 11.08.2015 against the petitioners before the learned I Additional Judicial First Class Magistrate, Kothagudem, and the learned Magistrate referred the matter to the police for investigation and passed a cryptic order without applying his mind.

4. The Hon’ble Apex Court in Priyanka Srivastava & Anr vs State Of U.P.& Ors, 2015 (6) SCC 287 held that the Magistrate must apply his mind and shall make brief note of the case and his satisfaction that it is a fit

case to be investigated by the police while referring the case for investigation under Section 156(3) of Cr.P.C. In the case on hand, learned Magistrate passed cryptic order without recording his satisfaction.

5. Even on a perusal of the allegations made in the complaint, there are no specific allegations against the petitioners to attract the offences punishable under Sections 420, 406, 409, 477-A read with Section 34 of the Indian Penal Code, 1860, and Section 156(3) of the Cr.P.C.

6. Learned party-in-person (respondent No.2) fairly submits that during the pendency of this criminal petition, at the instance of elders and well-wishers, he and the petitioners have amicably settled the disputes outside the purview of the Court. He further submits that he does not wish to prosecute the proceedings in Crime No.202 of 2015 on the file of Kothagudem I Town Police Station, Khammam District, against the petitioners and that he has no objection to quash the proceedings against them.

7. For the foregoing reasons and in view of the submissions made by the learned party-in-person, this Court is of the considered opinion that it is a fit case to invoke the provisions of Section 482 of the Code of Criminal Procedure to quash the proceedings against the petitioners.

8. In the result, the criminal petition is allowed. The proceedings against the petitioners/accused Nos.1 to 3 and 5 to 8 in FIR No.202 of 2015 on the file of Kothagudem I Town Police Station, Khammam District, are hereby quashed.

As a sequel, miscellaneous petitions, pending if any, stand closed.

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J.SREENIVAS RAO, J Date: 04.11.2025 sa/pav