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High Court for State of TelanganaCRLP/2265/2017allowed no costs

N. Sai Kiran, v. The State Of Telanagana,

2017-03-17A.Shankar Narayana3 pages

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. No.2210 OF 2017 IN/AND CRIMINAL PETITION No.2265 OF 2017 COMMON ORDR:

The present Criminal Petition is filed by the petitioners - accused Nos.1 to 5 under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') seeking to quash the proceedings against them in the First Information Report in Crime No.250 of 2016 on the file of Kothur Police Station, Kothur Mandal, Mahaboobnagar District, for the offences punishable under Section 498-A of I.P.C. and Section 4 of Dowry Prohibition Act. 2.

Criminal Petition M.P. No.2210 of 2017 is filed by the petitioners/accused Nos.1 to 5 under Section 320 of the Code to compound the offences and record compromise. This petition is also accompanied by the Joint Memo signed and affirmed by both the parties and their respective counsel, requesting to permit the parties to compromise the matter compounding the offences, and consequently to quash the proceedings against the petitioners 1 to 5 - accused Nos.1 to 5 in the aforesaid crime.

3.

The 2nd respondent/de facto complainant -Smt. Mansi Pravalika, petitioners 1 to 5 - accused Nos.1 to 5, as well as their counsel are present and the parties are identified by their respective counsel, Sri B. Lokesh Phanindra and Sri Pujari Nageshwar Rao. The

parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.

4. On being asked, the de facto complainant and accused report that they have compromised the matter through the intervention of elders, and the de facto complainant and petitioner No.1/accused No.1 stated that they are living together at the intervention of elders and willwishers, being advised, and, therefore, the de facto complainant requests to allow the criminal petition for quashment. 5.

Since both the parties have affirmed the terms of the Joint Memo and request to record the compromise compounding the offences against the petitioners 1 to 5 - accused Nos.1 to 5 and to quash the proceedings as it is a matrimonial dispute falling within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, Criminal Petition M.P. No.2210 of 2017 is allowed recording the compromise between the parties in terms of the Joint Memo and compounding the offences against the petitioners 1 to 5 - accused Nos.1 to 5.

6.

Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the petitioners 1 to 5 - accused Nos.1 to 5 in Crime No.250 of 2016 on the file of Kothur Police Station, Kothur Mandal, Mahaboobnagar District. The Joint Memo entered into between the parties shall form part of the record. 1 2012 (10) SCC 303

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

__________________________ A. SHANKAR NARAYANA, J Dt. 17.03.2017 gbs