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High Court for State of TelanganaCRLP/7242/2011remanded

Nenavath Saraswathi Bai , Saraswathi v. The State Of A.P.,

2015-11-04Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.7242 of 2011 & 8445 of 2015 COMMON ORDER:

These two criminal petitions are arising out of the same proceedings and therefore, they are heard together and being disposed of by this common order. Crl.P.No.7242 of 2011 is filed by A.4 to A.7 and Crl.P.No.8445 of 2015 is filed by A.1 to A.3 by invoking the provision under Section 482 Cr.P.C., to quash the proceedings in S.C.No.327 of 2011 pending on the file of Additional Sessions Judge at Gurajala, Guntur District for the offence punishable under Section 304-B r/w 34 IPC and Sections 3 & 4 of Dowry Prohibition Act. Heard and perused the material available on record. While arguing the matter, when this Court pointed out that the truth or otherwise of the allegations made against the petitioners cannot be decided by this Court at this stage, the learned counsel for the petitioners submitted that the complainant i.e.

the father of the deceased entered into compromise with the accused and therefore, the compromise may be recorded and the petitions may be allowed by compounding the offence. This Court is of the view that in view of the nature of the offence, this Court cannot entertain the compromise applications on the ground that the de facto complainant has compromised the matter regarding the offences with the accused. In any event, taking into consideration the changed scenario among the members of the family of the parties, the trial Court is directed to conclude the trial as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.

With the above direction, both the Criminal Petitions are disposed of. Miscellaneous Petitions filed in the Criminal Petitions, if any, shall stand closed.

_________________ RAJA ELANGO,J Date:04.11.2015.

Tsr THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.10779 of 2010 Date: 04.11.2011.

Gk.