Bellamkonda Penchalanarayana v. The State Of Andhra Pradesh,
HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.3122, 3125 AND 3126 OF 2017 IN/AND CRIMINAL PETITION No.3149 OF 2017 COMMON ORDER:
The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code'), is filed by accused Nos.1 to 4 in C.C.No.387 of 2010 on the file of V Additional Junior Civil Judge, Nellore, requesting to quash the proceedings in the said Calendar Case registered for the offences punishable under Section 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act.
2. Crl.P.MP.No.3122 of 2017 is filed seeking to permit petitioner No.3 to represent petitioner Nos.2 and 4 in the capacity of GPA holder, whereas Crl.P.M.P.Nos.3125 and 3126 of 2017, along with the affidavit of respondent No.2 - de facto complainant and Joint Memo signed by both parties and their respective counsel, are filed by respondent No.2, under Section 320 of the Code, requesting to permit her to compound the offences in the aforesaid Calendar Case and to record compromise.
3. In view of the reasons stated in the affidavit filed in support of Crl.P.MP.No.3122 of 2017 and in view of the General Power of Attorneys filed at page Nos.23 to 25 of the material papers in Crl.P.No.3149 of 2017, Crl.P.MP.No.3122 of 2017 is allowed permitting petitioner No.3 to represent petitioner Nos.2 and 4.
ASN,J Crl.P.No.3149 of 2017
4. Petitioner Nos.1 and 3 and respondent No.2 as well as their respective counsel, namely Sri S. Rajasekhar, appearing for the petitioners - accused Nos.1 to 4, and Sri K. Ratna Sagar, appearing for respondent No.2 - de facto complainant, are present and the parties are identified by their respective counsel. Petitioner Nos.1 and 3 - accused Nos.1 and 3 and respondent No.2 - de facto complainant have produced photostat copies of their 'Aadhar Cards' in proof of their identity.
5. Respondent No.2 - de facto complainant affirmed the contents mentioned in the affidavit and the Joint Memo filed along with the compromise petition. In the Joint Memo, it is stated that at the intervention of elders and well-wishers, petitioners and respondent No.2 have amicably settled the matter and petitioner No.1 and respondent No.2 obtained divorce with mutual consent vide order, dated 17.08.2016, passed in F.C.O.P.No.136 of 2014 on the file of Family Court, SPSR Nellore, Nellore District, and respondent No.2 has no objection to quash the proceedings in the present Calendar Case against the petitioners herein.
6. Since both the parties affirm the contents mentioned in the Joint Memo referred to above and request to record compromise and quash the proceedings in the aforesaid Calendar Case against the petitioners, and in view of the law declared by the Honourable
ASN,J Crl.P.No.3149 of 2017 Supreme Court in Gian Singh v.
State of Punjab1, Crl.P.M.P.Nos.3125 and 3126 of 2017 are allowed recording compromise between the parties.
7. Accordingly, the Criminal Petition is allowed quashing the proceedings in C.C.No.387 of 2010 on the file of V Additional Junior Civil Judge, Nellore, against the petitioners herein. The Joint Memo shall form part of the record.
8. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.
___________________________ A. SHANKAR NARAYANA, J April 21, 2017.
MD 1 2012 (10) SCC 303