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High Court for State of TelanganaCRLP/6328/2015compromise

Sarkapally Rajavardhan Reddy v. The State Of Telangana

2015-08-18M.Seetharama Murti2 pages

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Crl.P.M.P.No.8111 of 2015 In/And Criminal Petition No.6328 of 2015 ORDER:

This Criminal Petition has been filed by the petitioners/A1 to A3 under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in C.C.No.214 of 2015 on the file of the Court of XXV Metropolitan Magistrate, Ranga Reddy District at Miyapur.

2. When the matter is taken up for hearing, the learned counsel for the petitioners/accused and the 2nd respondent/complainant had submitted that the parties had entered into a compromise and had settled the matter out of Court and that the terms of compromise are reduced into writing in the form of a memorandum of compromise and that the Crl.P.M.P.No.8111 of 2015 is filed seeking permission to compound the offences and to quash the proceedings.

3. The petitioners/Accused 2 and 3 and the 2nd respondent/de facto complainant are present and are identified by their respective counsel. The petitioner/A1 is represented by the 2nd petitioner as his General Power of Attorney. The parties present in the court had asserted the terms of compromise. The 2nd respondent/de facto complainant submit that she had already received a sum of Rs.5,00,000/- and that today, she received a sum of Rs.10,00,000/- by way of two demand drafts, viz., (D.D.No.565186, dated 16.07.2015 for Rs.5,00,000/- and 565187, dated 16.07.2015 for Rs.5,00,000/- drawn on SBI, Jadcherla Branch) as mentioned in paragraph (3) of the Joint Memo filed by the petitioners and the 2nd respondent. As per the terms of the joint memo, it was also agreed that the balance amount of Rs.4,50,000/- shall be paid to the 2nd

respondent/de facto complainant at the time of granting of divorce and that the 2nd respondent/de facto complainant had agreed to withdraw the criminal case against the petitioners in C.C.No.214 of 2015 on the file of the Court of the learned XXV Metropolitan Magistrate, Ranga Reddy District at Miyapur.

4. In view of the settlement arrived at between the parties, no useful purpose would be served in keeping the proceedings pending. Therefore, in view of the enabling provision in the CrPC, permission is hereby accorded to the petitioners to compound the offences and the compromise is recorded.

5. Accordingly, Crl.P.M.P.No.8111 of 2015 is ordered and Criminal Petition No.6328 of 2015 is allowed and the proceedings against the petitioners/A 1 to A3 in C.C.No.214 of 2015 on the file of the Court of XXV Metropolitan Magistrate, Ranga Reddy, are hereby quashed. The compromise petition shall form part of this order. As desired by both the parties and considering the submissions of the learned counsel for both the sides, the Additional Director General of Police, CID, Andhra Pradesh is directed to withdraw the Look Out notice said to have been issued in File No.10/D4/CCRB/CYB/2014 opened in Cr.No.2875/C61/IP/ CID/2014, dated 16.05.2014.

Miscellaneous petitions, if any, pending in this petition shall stand closed.

____________________ M.SEETHARAMA MURTI, J 18th August, 2015 RAR