Bommu Bhagya Lakshmi v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6645 of 2015 and CRL.P.M.P.No.5703 of 2016 & CRIMINAL PETITION No.7763 of 2015 COMMON ORDER:

Since these two Criminal Petitions are arising out of same proceedings, they are heard together and being disposed of by this common order.

Criminal Petition No.6645 of 2015 is filed by A.6 to A.9 and Criminal Petition No.7763 of 2015 is filed by A.2 to A.4 under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.152 of 2015 pending on the file of Judicial First Class Magistrate, East Godavari District at Kothapeta, for the offence under Sections 498-A, 109, 120B, 500, 506 r/w 34 IPC and Sections 3 & 4 of Dowry Prohibition Act.

Heard and perused the material on record.

Today, when the matter is taken up for hearing, the de facto complainant filed Crl.P.M.P.No.5703 of in Crl.P.No.7763 of 2015 seeking permission to compound the offences against all the accused in the C.C. in view of the memorandum of understanding entered between both the parties. The de facto complainant filed a detailed affidavit in Crl.P.M.P.No.5703 of 2016 and appeared before this Court. On enquiry, she informed that she is not willing to proceed against any of the accused in C.C.No.152 of 2015 and also informed that the proceedings therein can be quashed as the dispute is settled between the parties in view of the intervention of the elders.

In view of the above and in view of the memorandum of understanding entered the parties, Crl.P.M.P.No.5703 of 2016 is ordered. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.152 of 2015 pending on the file of Judicial First Class Magistrate, East Godavari District at Kothapeta are hereby quashed against the petitioners-accused. Even though A.1 and A.5 are not parties before this Court, in view of the memorandum of understanding between the parties and considering the contents of the affidavit filed by the complainant, it is directed that the present order quashing the proceedings in the C.C. in favour of A.2 to A.4 and A.6 to A.9 shall also be extended to A.1 and A.5.

Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________________ JUSTICE RAJA ELANGO 21.04.2016 Tsr