R.Bhaskar, v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRL.P.M.P.No.8188 of 2016 and CRL.P.No.6351 of 2011 ORDER:
The present Criminal Petition is filed questioning the docket order dated 06.06.2011 passed in C.C.No.692 of 2011 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad, wherein and whereunder the learned Magistrate took cognizance of the case for the offences punishable under Sections 417, 506 and 384 read with 34 IPC against the petitioners herein.
The facts in issue are as under :
Respondent No.2 is the husband of petitioner No.2. Their marriage took place on 08.12.2005. They lived happily for few days and later petitioner No.2 developed hatred against respondent No.2 as he is not a government employee. Finally she left the company of respondent No.2. After leaving, respondent No.2 came to know that petitioner No.2 was already married to one T.Srinivasa Moorthy and the first husband of petitioner No.2 filed O.P.No.107 of 2002 seeking divorce. As per the educational certificates of petitioner No.2, her age is 33 years and she is elder by morethan one year. The said fact was also suppressed by the petitioners. Hence, respondent No.2 filed a private complaint against the petitioners before the III Additional Chief Metropolitan Magistrate, Nampally.
The learned Magistrate took cognizance of the case and issued summons to the petitioners. Aggrieved by the same, the petitioners filed the present petition. Pending the petition, the parties have compromised the matter which lead to filing of Crl.P.M.P.No.8188 of 2016 seeking permission of the Court to compound the offence.
Today the petitioners and respondent No.2 are present in the court and they are identified by their respective counsel. When
examined, respondent No.2 stated that he has settled the matter with the petitioners and is not interested in pursuing the matter. The affidavit filed by respondent No.2 also indicates the same. In view of the fact that there is a settlement between the parties and as the offences under Sections 417 and 506 IPC are compoundable, Crl.P.M.P.No.8188 of 2016 seeking permission of the Court for compounding the offences is allowed. Accordingly, the Crl.P.M.P.No.8188 of 2016 is ordered by compounding the offences. Consequently, the Criminal Petition which has been filed questioning the docket order 06.06.2011 passed in C.C.No.692 of 2011 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad, is allowed.
As a sequel thereto, Miscellaneous Petitions pending, if any, in this Criminal Petition shall stand closed.
_____________________ C. PRAVEEN KUMAR, J 29.04.2016 gkv