High Court for State of TelanganaCRLP/2365/2013allowed no costs

Golla Obaiah v. The State Of Ap.,

2016-01-19B.Siva Sankara Rao2 pages

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P.Nos.2365 and 2795 of 2013 COMMON ORDER :

The Crl.P.No.2365 of 2013 is filed by the A.2 to A.6 in C.C.No.256 of 2012 (Cr.No.219 of 2012 of Rayadurg Police Station for the offences u/sec.498-A of I.P.C. and u/sec.3 and 4 of the Dowry Prohibition Act) and the Crl.P.No.2795 of 2013 by the A.2 by name Golla Obaiah of the above crime in C.C.12 of 2013 (private complaint case) for the offence u/sec.138 of Negotiable Instruments Act(for short, 'N.I.Act') on the file of the Judl. Magistrate of First Class, Rayadurg, Anantapur District, under Section 482 of the Code of Criminal Procedure (for short, 'the CrPC') seeking to quash the proceedings in the above cases.

2. Among all the petitioners A.1(A.1 is impleaded as petitioner No.6 as per orders in Crl.P.M.P.No.11 of 2016 dated 19.01.2016) to A.6, A.4 and A.5 are represented by A.2 and A.3 respectively being their husbands as GPA holders and A.6 and A.1 is represented by A.2, present before the Court. Memorandum of compromise read over and explained to them and they admitted the same saying that the defacto-complainant (2nd respondent of both the criminal petitions) received an amount of 15 lakhs from the petitioners to compound the offences in both the cases under two Demand Drafts of each 5 lakhs stated received and 5 lakhs agreed to receive at the time of obtaining divorce by filing consent divorce application and the original sale deed document No.11007 of 2006 dated 20.07.2006 for the plot at Shamshabad which stands in the name of the defacto-complainant and the title deed stands with the accused persons are agreed to be handed over to the defacto-complainant by acknowledging right of her over the property and the same is recorded.

3. In view of the compromise arrived by the parties, the parties are permitted to compound the offences supra.

4. In the result, both the Criminal Petitions vide Crl.P.Nos.2365 and

2793 and 2800 of 2015 are allowed by quashing the proceedings in C.C.No.256 of 2012 Cr.No.219 of 2012 of 219 of 2012 of Rayadurg Police Station, Anantapur district) and also in C.C.No.12 of 2013 (private complaint case) on the file of the learned JFCM are quashed. The bail bonds of the accused shall stand cancelled.

5. Miscellaneous petitions, if any pending, in these Criminal Petitions shall stand closed.

____________________________ Dr. B. SIVA SANKARA RAO, J Date: 19.01.2016 Vvr