Avula Madhava Babu v. Avula Roshini

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4014 of 2016 ORDER:

The Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner seeking to quash the proceedings in C.C. No.349 of 2015 on the file of the II Additional Judicial First Class Magistrate, Machilipatnam, arising out of offences under Sections 498-A, 420 and 506 IPC read with Section 34 IPC.

Heard and perused the material available on record. When the case is taken up for hearing, learned counsel for the petitioners as well as learned counsel for the de facto complainant submit that they have filed Crl.P.M.P.No.4486 of 2016 seeking permission of this Court to compound the offences and consequently, to quash the proceedings. Along with the said application, they have filed the Joint Memo signed by the GPA of the complainant as well as the GPA of the petitioner and also the same is signed by the counsel for both the parties. The GPAs of both the parties are present in the Court and asserted that they have entered into compromise.

Considering the above, the petitioner and the de facto complainant are permitted to compound the offences. In view of the amicable settlement of the dispute between the parties, Crl.P.M.P.No.4486 of 2016 is ordered and the compromise is recorded. Consequent thereto, the criminal petition is allowed and the proceedings in C.C. No.349 of 2015 on the file of the II Additional Judicial First Class Magistrate, Machilipatnam, are hereby quashed and the petitioner is acquitted of the offences alleged against him. The petitioner and the complainant are directed to pay Rs.5,000/- (Rupees five thousand only) each as costs to the Andhra Pradesh State Legal Services Authority. The Registry is directed to issue order copy only on production of the receipt of payment issued by the Andhra Pradesh State Legal Services Authority. The Criminal Petition is accordingly allowed with costs. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 23.03.2016 pln