Mallampati Vijaya Krishna, v. The State Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Crl.P.MP.No.178 of 2015 in Crl.P.No.15204 of 2014 & Crl.P.No.15204 of 2014 ORDER:
The de facto complainant and her counsel Sri K.Giridhar Raju are present. Accused No.2-Mallampati Adilakshmi, W/o.Krishna Rao and her counsel Sri Y.Radha Krishna Murthy are present. Accused No.2 is representing Accused No.1-Mallampati Vijaya Krishna by virtue of notarized General Power of Attorney, dated 24.10.2014, as Accused No.1 is presently residing in the State of Victoria in the Common Wealth of Australia due to his employment. Heard both sides and perused the petition.
The Police of Mahila P.S., Vijayawada City filed charge sheet against the accused in FIR No.112 of 2011 for the offences under Sections 498-A IPC and under Sections 3 and 4 of Dowry Prohibition Act and the learned Court of II Additional Chief Metropolitan Magistrate at Vijayawada took cognizance of the same and registered in C.C.No.85 of 2014.
Now, it is submitted by both parties that at the intervention of the elders, the parties have settled the matter in respect of the above case and entered into a compromise and thereby the de facto complainant and Accused No.1 decided to live together amicably and hence compromise may be recorded and criminal proceedings in C.C.No.85 of 2014 may be quashed in the interest of justice. Having regard to the above submission and considering the fact that it is a matrimonial matter and parties have amicably settled the disputes among themselves out of court and no useful purpose will be served even if the parties are driven to the trial as they compromised, and following the decision reported in Gian Singh v. State of Punjab
and another[1] this criminal miscellaneous petition is allowed and compromise is recorded and consequently, proceedings in C.C.No.85/2014 on the file of the learned II Additional Chief Metropolitan Magistrate at Vijayawada in connection with FIR No.112 of 2011 of Mahila P.S., Vijayawada City are hereby quashed. In the result, both the Petitions are accordingly disposed of. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J Date: 21.01.2015 Dsr [1] (2012) 10 SCC 303