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High Court for State of TelanganaCRLP/8214/2011allowed no costs

Sri P.Durga Prasad v. Smt. P.Lavanya Latha

2018-09-04T. Rajani2 pages

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.8 2 1 4 of 2 0 1 1 ORDER:

This criminal petition is filed, seeking for quash of the proceedings in CC.No.217 of 2011, against the petitioner, who is A1, on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad. The offence alleged are under Sections 498-A, 323 and 406 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

2.

Heard the counsel for the petitioner and the learned Public Prosecutor, appearing for the second respondent. None appears for the first respondent in spite of notice.

3.

The counsel for the petitioner submits that, in fact, the disputes between the parties are compromised. The counsel further submits that the affidavits of the both the parties are filed. 4.

The affidavit of the respondent-complainant shows that in view of the compromise arrived at between her and the petitioner on 11.06.2006, she does not wish to continue the complaint in CC.No.217 of 2011. The terms of compromise are also filed by the petitioner, which shows that the respondent accorded for withdrawal of the complaint.

5.

Hence, in view of the above, this Court opines that the petitioner is entitled for quash of further proceedings.

In the light of the above, the criminal petition is allowed and the further proceedings in CC.No.217 of 2011, against the petitioner, who is A1, on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed.

As a sequel, the miscellaneous petitions, if any pending, shall stand closed. __________ T. RAJANI, J September 4, 2018 DSK