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High Court for State of TelanganaCRLP/1558/2015compromise

Suraj Joshi, S/O Muralidhar Joshi (A-1) v. The State Of Telangana

2015-02-27U.Durga Prasad Rao2 pages

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.1665 of 2015 in Crl.P.No.1558 of 2015 and Criminal Petition No.1558 of 2015 COMMON ORDER:

De-facto complainant and her counsel Sri B.Jayakar are present. Accused Nos.1 to 3 and their counsel Sri Ganduri Nageswara Rao are present.

On the report given by defacto complainant the police of WPS, CCS, Hyderabad registered Cr.No.439 of 2011 and laid charge sheet against the accused for the offences under Sections 498A IPC and Section 4 of Dowry Prohibition Act and cognizance was taken and case was registered as C.C.No.438 of 2013 and pending on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad.

At this stage both the parties have submitted that at the intervention of elders they have amicably settled their disputes and defacto complainant and A1 proposed to take divorce and they have already filed FOP No.311 of 2014 on the file of Family Court, City Civil Court, Hyderabad and in view of it, the defacto complainant has no objection for quashment of proceedings in C.C.No.438 of 2013 and therefore, permission may be accorded to them to compound the offence and quash the proceedings in the interest of justice.

Having regard to the above submission and in view of the fact that it is a matrimonial matter wherein parties have amicably settled their disputes and no useful purpose will be served even if they are driven to trial since they compromised the matter, 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 the parties to compound the offence and compromise is recorded in terms of compromise filed by both the

parties consequently proceedings in C.C.No.438 of 2013 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad are hereby quashed.

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

_________________________ U. DURGA PRASAD RAO, J Date: 27.02.2015 Murthy