B. Laxrni Prasad, v. The Government Of Andhra Pradesh
HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRL.P.M.P.Nos.1568 & 1569 of 2017 IN/AND CRIMINAL PETITION No.15131 of 2014 COMMON ORDER:
The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), is filed by the petitioner - accused seeking to quash the First Information Report in Crime No.144 of 2014 on the file of the Station House Officer, Women Police Station, Srikakulam, Srikakulam District. Petitioner alleged to have committed offences punishable under Sections 498-A and 506 IPC and Section 3 of the Dowry Prohibition Act, 1961.
Criminal Petition M.P.Nos.1568 and 1569 of 2017 are filed by de facto complainant, who is the 4th respondent in the main Criminal Petition, seeking to permit her to compromise the matter with the petitioner - accused and to record compromise between herself and the petitioner - accused, by compounding the aforesaid offences. Both parties and their learned counsel are present and the parties are identified by their respective learned counsel, Sri P.R.Balarami Reddy and Sri H.Prahalada Reddy. The parties have also produced Photostat copies of their respective "Aadhaar Cards" in proof of their identity.
Perused the affidavit and the joint memo signed by both the parties. The petitioner and respondent No.4 - de facto complainant entered into compromise concerning the aforesaid offences.
ASN, J Crl.P.No.15131 of 2014 The de facto complainant states that she is given demand draft bearing No.004374 drawn on IDBI Bank dated 17.01.2017 for an amount of Rs.1 lakh and also an amount of Rs.50,000/- (Rupees Fifty Thousand only) vide cheque bearing No.262817 drawn on ICICI Bank, dated 18.01.2017.
Since both parties have entered into compromise and affirmed the contents of affidavit filed by the de facto complainant, compromise is recorded as the dispute falls within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1.
In view of the above circumstances, Criminal Petition M.P. Nos.1568 and 1569 of 2017 are allowed and, consequently, the present Criminal Petition is allowed quashing the proceedings against the petitioner - Accused in Crime No.144 of 2014 on the file of the Station House Officer, Women Police Station, Srikakulam, Srikakulam District.
The affidavit filed by the de facto complainant shall form part of the record.
As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.
__________________________ A. SHANKAR NARAYANA, J April 11, 2017 MRR
1. (2012) 10 SCC 303