Sarvepally Srinivas Chandrakiran v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.1242 of 2015 in Crl.P.No.979 of 2015 and Criminal Petition No. 979 of 2015 COMMON ORDER:

The de-facto complainant and her counsel Sri N.Srinivasa Rao are present. Accused No.1 and his counsel Sri K.Chidambaram are present.

Heard both sides.

The police of Pattabhipuram PS, Guntur registered FIR No.418 of 2012 against the accused for the offences under Sections 498A IPC and Sections 3 and 4 of Dowry Prohibition Act and learned Special Judicial First Class Magistrate for Prohibition and Excise, Guntur took cognizance and registered the same as C.C.No.49 of 2013.

At this stage, both the parties submitted that at the intervention of elders they have amicably settled the disputes and as per the Memorandum of Understanding they obtained divorce in FCA No.357 of 2013 on the file of this High Court and her maintenance claim is concerned, A1 has transferred Rs.38 lakhs in favour of de-facto complainant S.B.Account No.20206028377, Lakshmipuram Branch, Standing Bank of India, Guntur and they have also entered into compromise in the present case wherein de-facto complainant has no objection for quashing the proceedings and therefore, Court may be pleased to grant permission to compound the offence and record the

compromise and quash the proceedings in C.C.No.49 of 2013. Having regard to the above said submission and considering the fact that it is a matrimonial matter and no useful purpose will be served even if the parties are driven to the trial, and following the decision reported in Gian Singh v. State of Punjab and another (2012) 10 SCC 303) this petition is allowed and permission is accorded to compound the offence and compromise is recorded in terms of joint memo and consequently the proceedings in C.C.No.49 of 2013 on the file of Special Judicial First Class Magistrate for Prohibition and Excise, Guntur 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: 18.02.2015 Murthy