Gopisetty Samrajyam And 4 Others v. Gopisetty Himabindu And The State Of A.P.

SMT. JUSTICE T.RAJANI Criminal Petition No.9506 of 2011 ORDER:

This petition is filed seeking to quash the proceedings in DVC.No.5 of 2011 on the file of the First Additional Judicial First Class Magistrate, Sattenapalli, Guntur District. The offence alleged is under Section 498-A IPC.

Heard the learned counsel for the petitioners and the learned Public Prosecutor for the second respondent. None appears for the first respondent, in spite of service of notice.

The learned counsel for the petitioners submits that subsequent to filing of this petition, the complainant filed a complaint against all these petitioners, for the offence under Section 498-A IPC., and it ended in acquittal of all these petitioners and conviction was awarded against A-1 and subsequently, there was compromise between the A-1 and the complainant before the Lok Adalath. However, the petitioners 1 and 2 are the in-laws of the1st respondent, the 3rd petitioner is the married daughter of the petitioners 1 and 2, 4th petitioner is the husband of the 3rd petitioner and the 5th petitioner is the younger son of petitioners 1 and 2. Petitioners 3 to 5 are married and living separately. Apart from that considering that, the matter is settled before the Lok Adalath between the complainant and the A-1, this Court opines that continuation of further proceedings against the petitioners would be an abuse of process of law.

With the above observations, this Criminal Petition is allowed and the proceedings in DVC. No.5 of 2011 on the file of the First Additional Judicial First Class Magistrate, Sattenapalli, Guntur District are hereby quashed.

As a sequel, miscellaneous applications, if any pending, shall stand closed.

_____________________ JUSTICE T. RAJANI Date: 25.09.2018 LSK