D.Ram Kumar v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.3047 of 2015 in Crl.P.No.2851 of 2015 and Criminal Petition No.2851 of 2015 COMMON ORDER:

T h e defacto complainant and her counsel Sri N.Siva Reddy are present. Accused Nos.1 and 5 and their counsel Sri C. Krishna Kishore are present.

The Police of Women P.S, Rajahmundry Urban laid charge sheet against the accused for the offences under Sec.498-A r/w 34 IPC and Sec.3, 4 & 6(2) of D.P. Act and the learned V Additional Judicial First Class Magistrate, at Rajahmundry, E.G.District took cognizance of the case and registered as C.C.No.54 of 2014. While so, the parties and their Counsel appeared before this Court today and submitted that at the intervention of elders, they have amicably resolved all their disputes relating to the pending cases between the parties and as per the terms of the amicable settlement, the defacto complainant and A.1 agreed to obtain divorce and in fact the divorce application in FCOP No.34 of 2015 was already filed and pending before the Judge, Family Court, Rajahmundry and maintenance claim of the defacto complainant was also taken care and A.

1 agreed to pay Rs.20,00,000/- to her i.e, he already paid Rs.10,00,000/- to her and obtained two D.Ds for balance amount of Rs.10,00,000/- which will be paid to her after obtaining divorce by mutual consent in the divorce petition and in view of the above settlement, the defacto complainant has no objection for quashment of the proceedings in C.C.No.54 of 2014 on the file of learned V Additional Judicial First Class Magistrate, Rajahmundry, E.G. District and hence permission may be accorded to them to compound the offence and quash the proceedings in the interest of justice.

amicably settled all their disputes and that no useful purpose will be served even if the parties are driven to trial since they have compromised and following the decision reported in Gian Singh vs. State of Punjab and another, this petition is allowed and permission is accorded to the parties to compound the offence and consequently proceedings in C.C.No.54 of 2014 on the file of learned V Additional Judicial First Class Magistrate, Rajahmundry, E.G. District are hereby quashed.

In the result, both the petitions are accordingly allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ U. DURGA PRASAD RAO, J Date: 31.03.2015 scs