Mr.Sreeram Banda v. The State Of Telangana And Another

THE HONOURABLE JUSTICE G. SRI DEVI I.A.NOs.3 TO 5 OF 2021 IN/AND CRIMINAL PETITION NO.5778 OF 2021 COMMON ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.) seeking quashing of proceedings in C.C.No.90 of 2018 on the file of the XV Additional Chief Metropolitan Magistrate, Manoranjan Complex at Nampally, Hyderabad, registered against the petitioner/accused for the offence punishable under Section 498-A of the Indian Penal Code.

During pendency of the Criminal Petition, I.A.Nos.3 to 5 of 2021 came to be filed by the second respondent to permit the GPA Holder, Mr Marella Joga Rao, S/o. Late M.J. Rao, to appear on her behalf, to record the compromise and permit to compound the offence, respectively. Along with the petitions, a joint memo which is signed by the parties and their counsel, photographs of the parties and Photostat copies of their Aadhar Cards came to be filed. It is stated in the affidavit that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise.

As per the compromise, the petitioner has agreed to pay an amount of Rs.3,00,000/- (Rupees three lakh only) to the second respondent towards permanent alimony and the second respondent has acknowledged to have received the same and also gave an undertaking that she would not prefer any appeal against the judgment and decree dated 03.07.2020 passed in FCOP.No.227 of 2018 on the file of the Judge, Family Court, Secunderabad.

Today, both the parties are present before this Court and they were identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the second respondent has no objection for recording the compromise and compounding the offences.

In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.Nos.3 to 5 of 2021 are ordered.

Accordingly, the Criminal Petition is allowed in terms of compromise and the proceedings against the petitioner/accused in C.C.No.90 of 2018 on the file of the XV Additional Chief Metropolitan Magistrate, Manoranjan Complex at Nampally, Hyderabad, are hereby quashed. However, the petitioner/accused is directed to deposit an amount of Rs.5,000/- (Rupees five thousand only) before the High Court Legal Services Committee, Hyderabad and also an amount of Rs.5,000/- (Rupees five thousand only) before the High Court Advocates' Association, Hyderabad, within a period of one week from the date of receipt of a copy of this order. Miscellaneous applications, if any, pending shall stand closed. _________________ (G. SRI DEVI, J) 16th November 2021 RRB