Esha Sharma v. Sanjay Sharma

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No. 2593 of 2019 ORDER:

1) The petitioner, who is complainant in C.C.No.715 of 2014 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, filed this Criminal Petition under Section 482 Cr.P.C. seeking permission to compound the offences against accused in Crl.R.P.(SR) No.1407 of 2019 on the file of the Metropolitan Sessions Judge, Hyderabad at Nampally, as the matter was settled out of the Court .

2) The petitioner herein lodged a complaint against the accused, basing on the same, the Police, Mirchowk, registered a case in Crime No.140 of 2014 for the offences punishable under Sections 323, 506 and 509 read with 34 IPC. After completing the investigation, police filed charge sheet, which was taken cognizance as C.C.No. 715 of 2014 on the file of the VIII Additional Chief Metropolitan Magistrate, Hyderabad. By its judgment dated 06.07.2018, the learned Magistrate, convicted the accused for the offences 323 read with 34 and 506 IPC and sentenced to pay fine instead of imprisonment. Challenging the less punishment, the petitioner/ complainant filed Crl.R.P.(SR) No.1407 of 2019 before the Metropolitan Sessions Judge, Nampally at Hyderabad, and the same is pending.

3) During pendency of the revision, at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise. Hence, the petitioner/ complainant filed the present Criminal Petition. Along with the petition a joint memo signed by both the parties and Memorandum of Understanding also filed.

4) Today, the petitioner represented by her G.P.A.Holder and the accused are present before this Court and they were identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the petitioner has no objection for quashing the proceedings against the accused in Crl.R.P.(SR) No.1407 of 2019. 5) In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded. The Memorandum of Understanding do form part of record in this Criminal Petition.

6) In the result, the Criminal Petition is allowed in terms of compromise and the proceedings in Crl.R.P.(SR) No.1407 of 2019 on the file of the Metropolitan Sessions Judge, Hyderabad at Nampally, against the accused are hereby quashed.

7) Miscellaneous petitions, if any, pending, shall stand closed. ________________ JUSTICE G. SRI DEVI 27.09.2019 gkv

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No. 2593 of 2019 Dated: 27.09.2019 gkv