Komakula Rajesh v. Smt.Komakula , Pati Sucharitha

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.8563 of 2012 & WRIT PETITION NO.30577 OF 2012 COMMON ORDER:

Crl.P.No.8563 of 2012, under Section 482 of the Criminal Procedure Code, 1973, is filed by the petitioners/A.1 to A.3 to quash the proceedings in FIR No.28 of 2012 on the file of Women Police Station, Warangal Urban, registered for the offences under Sections 498-A, 323, 506 r/w 3 of IPC and Sections 3 and 4 of Dowry Prohibition Act and Section 66, 66(A) and 66(D) of Information Technology Act, on various grounds.

. De facto complainant-Smt Komakula @ Pati Sucharitha, is the first respondent in Crl.P.No.8563 of 2012 and she filed W.P.No.30577 of 2012, under Section 226 of the Constitution of India, seeking direction in the nature of Mandamus against Station House Officer, Women Police Station, Warangal Urban, to close Crime No.28 of 2012 dt. 18.05.2012 registered against respondents/A.1 to A.3 in the criminal petition, as the matter was compromised before elders.

During hearing, de facto complainant in Crl.P.No.8563 of 2012, who is the petitioner in W.P.No.30577 of 2012, filed an affidavit before this Court to direct the SHO, Women Police Station, Warangal Urban, to withdraw Cr.No.28 of 2012 which registered on 18.05.2012 as the matter was compromised before the elders and on similar lines, the petitioners/A.1 to A.3 in Crl.P.No.8563 of 2012, who are respondents in W.P.No.30577 filed an affidavit.

Learned Public Prosecutor for the state of Telangana reported no objection to withdraw the complaint filed against the petitioners/Accused in Crl.P.No.8563 of 2012, who are respondents in W.P.No.30577 of 2012. In view of the compromise between the parties before the elders and the no objection given by the learned Public Prosecutor in both the cases, these petitions are to be allowed with the following reliefs: Crl.P.No.8563 of 2012 is allowed quashing the proceedings in FIR No.28 of 2012 on the file of Women Police Station, Warangal Urban, against the petitioners/Accused No.1 to 3 therein. W.P.No.30577 of 2012 is also allowed directing the Station House Officer, Women Police Station, Warangal Urban, to close Cr.No.28 of 2012, which was registered on 18.05.2012, against the respondents/Accused Nos. 1 to 3 in W.P.No.30577 of 2012. As a sequel to it, miscellaneous petitions, if any pending in these matters, shall stand closed.

__________________________________ M. SATYANARAYANA MURTHY, J 23rd March, 2017 eha

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.8563 of 2012 & WRIT PETITION NO.30577 OF 2012 Dt. 23‐03‐2017 eha