S. Vijay Kumar, v. The State Of A.P.

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Crl.M.P.No.106 of 2015 in Crl.P.No.145 of 2015 and Crl.P.No.145 of 2015 Common Order:

The de-facto complainant and her counsel Sri T.Murali are present. Accused and their counsel Sri Polisetty Radha Krishna are present.

Heard both sides.

The KPHB Colony Police filed charge sheet in FIR No. 398 of 2014 against the accused for the offences under Sections 498 IPC and 4 of Dowry Prohibition Act and the learned II AJCJ-cum-XIX Metropolitan Magistrate, Kukatpally, Hyderabad, R.R.District took cognizance and registered C.C.No.2128 of 2014. Now, the submission of both sides is that at the intervention of elders both the parties have entered into a compromise by amicably settling the disputes. It is further submitted by the parties that as per the terms of compromise in O.P.No.648 of 2014 on the file of Family Court, Ranga Reddy District, Accused No.1 agreed to provide an amount of Rs.5 lakhs to the de-facto complainant towards full and final settlement of her maintenance and he already paid Rs.3 lakhs to her at the time of compromising O.P.No.648 of 2014 and balance amount of Rs.2 lakhs is now paid by way of demand draft bearing No.733795 dt.27.12.2014 drawn on Indian Bank, Jinnur Branch, West Godavari

District to the de-facto complainant. She admitted receiving the amount covered by the aforesaid demand draft.

The parties thus prayed to record the compromise and quash the proceedings in C.C.No.2128 of 2014 on the file of II AJCJ-cum-XIX Metropolitan Magistrate, Kukatpally, Hyderabad, R.R.District in the interest of justice.

Having regard to the above said submission and considering the fact that it is a matrimonial matter where the parties have already settled the disputes among themselves and no purpose will be served even if the parties are driven to trial in the instant criminal case, 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.2128 of 2014 (FIR No.398/2014 KPHB Colony PS) on the file of II AJCJcum-XIX Metropolitan Magistrate, Kukatpally, Hyderabad, R.R.District 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 Note: Issue CC in one week (bo)

Murthy [1] (2012) 10 SCC 303