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High Court for State of TelanganaCRLP/122/2015allowed no costs

M Issac Daniel Ellis v. The State Of Telangana,

2015-01-21U.Durga Prasad Rao2 pages

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Crl.M.P.No.70 of 2015 in Crl.P.No.122 of 20145 and Crl.P.No.122 of 2015 Common Order:

The de-facto complainant and her counsel Sri J.L.Babu are present. Accused and their counsel Sri K.V.Janardhan Rao are present.

Heard both sides.

The de-facto complainant lodged FIR No.162 of 2011 with PS Humayun Nagar against the accused for the offences under Sections 120B, 385, 403, 406, 494, 506 r/w 34 IPC and police filed charge sheet in C.C.No.757 of 2013 on the file of VI Additional Chief Metropolitan Magistrate, Hyderabad. Now, the submission of both sides is that at the intervention of elders both the parties have entered into a memorandum of understanding whereby in OP No.144 of 2012 on the file of Family Court, Hyderabad the marriage between de-facto complainant and A1 was declared as nullity as per order dated 16.06.2014 and in the present case also at the intervention of elders, parties have settled the matter in respect of offences under Sections 120B, 385, 403, 406, 494, 506 r/w 34 IPC and entered into a compromise and hence the compromise may be recorded and proceedings in C.C.No.757 of 2013 on the file of VI Additional Chief Metropolitan Magistrate, Hyderabad may be quashed in

the interest of justice.

Having regard to the above said submission and considering the fact that it is a matrimonial matter and parties have amicably settled the disputes among themselves and no purpose will be served even if the parties are driven to trial and following the decision reported in Gian Singh v. State of Punjab and another[1] this criminal miscellaneous petition is allowed and compromise is recorded and consequently the proceedings in C.C.No.757 of 2013 (FIR No.162 of 2011 with PS Humayun Nagar) on the file of VI Additional Chief Metropolitan Magistrate, Hyderabad are hereby quashed. In the result, both the petitions are accordingly disposed of.

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

_________________________ U.DURGA PRASAD RAO, J 21-01-2015 Murthy [1] (2012) 10 SCC 303