K. Govardhan, v. State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.P.M.P.Nos.10975 and 10974 OF 2015 & CRIMINAL PETITION No.3519 OF 2013 ORDER:

The above Criminal Petition is filed by the petitioners-accused Nos.2 to 9 under Section 482 Cr.P.C., seeking to quash the proceedings against them in CC No.535 of 2010 on the file of XIII Additional Chief Metropolitan Magistrate cum Mahila Court, Hyderabad.

When the matter is taken up for hearing, the petitioners - A2 to A9 and the 2nd respondent - de facto complainant (wife of A1), who appeared before this Court, submitted through their respective Counsel that they have entered into a compromise out of Court and therefore, the proceedings against the petitioners in the above CC may be quashed. The petitioners filed the above Crl.M.Ps., seeking permission to compound the offences and to record the compromise. The 2nd respondent - complainant has also filed an affidavit before this Court and both the parties have filed joint memo.

In the affidavit filed by the 2nd respondent, it is stated that she has entered into a compromise with the petitioners and her husband (A1) out of Court and, therefore, she is willing to withdraw the complaint against all the accused. Having regard to the fact that the matrimonial dispute between the 2nd respondent and her husband has been settled amicably, no useful purpose would be served in continuing the prosecution launched against the petitioners for the offences punishable under Sections 498-A IPC and Sections 4 & 6 of the D.P. Act. Though the husband of the 2nd respondent, who is figured as A1 in CC No.535 of 2010, is not made a party to the proceedings before this Court, in view of the statement made by the 2nd respondent that she is willing to withdraw the proceedings against A1 also, this Court is inclined to quash the proceedings in respect of all the accused in CC No.535 of 2010 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

Accordingly, the compromise is recorded and the above Crl.M.Ps., are ordered the Criminal Petition is allowed quashing the proceedings against the petitioners - A2 to A9, including A1, in CC No.535 of 2010 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, arising out of FIR No.491 of 2009 of Women Police station, CCS, Hyderabad.

Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________ RAJA ELANGO, J October 29, 2015 KTL