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High Court for State of TelanganaCRLP/8242/2017allowed no costs

Kona Venkataramana v. Smt Deepti Kona

2017-09-04B.Siva Sankara Rao2 pages

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO Crl.P.M.P.No.8782 in Crl.P.No.8242 of 2017 and Crl.P.M.P.No.8783 in Crl.P.No.8243 of 2017 in/and Criminal Petition Nos.8242 and 8243 of 2017 ORDER :

Heard the learned counsel for the self-same petitioner/ Accused in C.C.No.115 of 2016 on the file of the XX Metropolitan Magistrate, Cyberabad, Malkajigiri, for the offences punishable u/ sec.504 and 507 IPC and Section 66-A of the Information Technology Act, and in another Criminal petition against C.C.No.640 of 2016 on the file of the XIII Addl.Chief Metropolitan Magistrate at Hyderabad for the offences u/ sec.498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, on the complaint of self-same defacto-complainant/ 1st respondent, none other than wife of the petitioner and also heard the learned Public Prosecutor.

The Section 66-A of I.T.Act, 2000 does not survive as per the expression of the Apex Court in Shreya Singhal Vs. Union of India1 where said section is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2) of the Constitution of India.

The petitioner and the defacto-complainant present and stated that they settled the matter amicably outside the Court to purchase peace the remaining offences and vide 1 AIR 2015 SC 1523

Crl.P.M.P.Nos.8782 and 8783 of 2017 in respective criminal petitions supra sought permission to compound the offences and prayed to quash the proceedings and accordingly permission is granted to compound the offences.

In the result, the respective Crl.P.M.P.Nos.8782 and 8783 of 2017 are allowed. Consequently, the both the Criminal Petitions are also allowed quashing the proceedings in both the Calander Cases supra against the petitioner/ Accused.

The petitioner/ accused is acquitted and his bail bonds if any, shall stand cancelled. Pending miscellaneous petitions, if any, shall stand closed.

_________________________ Dr. B.SIVA SANKARA RAO J, Date:04.09.2017 vvr