T. Rajeshwari v. M. Priyanka

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.2647 of 2019 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C by the petitioners/A2 and A3, seeking to quash the proceedings in C.C.No.349 of 2014 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, in connection with Crime No.554 of 2013 on the file of Women Police Station, Central Crime Station, Hyderabad, registered for the offences punishable under Sections 498-A and 406 IPC and Sections 4 and 6 of the Dowry Prohibition Act.

2.

The petitioners/A2 and A3 are parents of A1 and in-laws of the 1st respondent-de-facto complainant. Besides the criminal case covered by the crime supra from the police investigation filed charge sheet that was taken cognizance for the offences supra before the XIII Additional Chief Metropolitan Magistrate, Hyderabad. There is another matrimonial dispute between A1 and the de-facto complainant in O.P.No.961 of 2011 on the file of the Judge, Family Court, Hyderabad, and the same was settled between them by way of memorandum of undertaking dated 11.08.2017 duly notarized and executed between them and the same was also attested by two witnesses including father of the de-facto complainant as one of witnesses. In view of the said memorandum of undertaking, the defacto complainant had received a sum of Rs.10,00,000/- through demand drafts. Despite the compromise arrived at between the

GSD, J Crl.P.No.2647 of 2019 parties by way of memorandum of undertaking, she did not withdraw the criminal case filed against the accused. Therefore, A1 filed Crl.P.No.9879 of 2018 seeking to quash the aforesaid proceedings and the same was allowed by this Court vide order dated 06.11.2018, quashing the aforesaid proceedings against him. 3.

Since the proceedings against A1 have already been quashed by this Court vide order dated 06.11.2018 in Crl.P.No.9879 of 2018, continuation of further proceedings against the present petitioners i.e., A2 and A3, is nothing but an abuse of process of law. 4.

In view of the above, the Criminal Petition is allowed, quashing the proceedings in C.C.No.349 of 2014 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, against the petitioners/A2 and A3. Their bail bonds shall stand cancelled. 5.

Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.

_____________ G.SRI DEVI, J 18th September, 2019 sj