Bandla Eswar Prasad, v. State Of Telangana,
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRL.M.P.NO.5728 OF 2015 IN/AND CRIMINAL PETITION No.4807 OF 2015 AND CRL.M.P.(S.R) NO.20064 OF 2015 IN/AND CRIMINAL PETITION (S.R) No.19455 OF 2015 COMMON ORDER:
These Criminal Petitions are filed by A1 and A2 to A6, respectively under Section 482 Cr.P.C seeking to quash the proceedings in C.C.No.3323 of 2015 on the file of XIX Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad, where the cognizance was taken for the offence punishable under Section 498-A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act.
Heard the learned counsel for the petitioners and the learned counsel for respondents.
Pending the Criminal Petition, Crl.MP.No.5728 of 2015 and Crl.MP.(S.R.) No. 20064 of 2015 are filed seeking permission of the Court to compound the offence in the above said C.C. The de facto complainant and the accused are present before the Court and they identified by their respective counsel and stated that they settled the matter amicably outside the Court at the intervention of elders. It is also represented by the de facto complainant and the accused that there was a memorandum of understanding dated 29.05.2015 executed between them. Pursuant to which, Rs.9,00,000/- is payable to t h e de facto complainant, of which she received already
Rs.3,00,000/- while withdrawing D.V.C.No.134 of 2013 on the file of XIX Metropolitan Magistrate, Miyapur on 30.05.2015, Rs.3,00,000/- is received by her today and Rs.3,00,000/- to be payable while mutual consent divorce application pending for orders in O.P.No.348 of 2015 on the file of Family Court, Ranga Reddy District.
Though the offence under Sections 3 and 4 of the Dowry Prohibition Act are not compoundable under Section 320 Cr.P.C. by invoking Section 482 Cr.P.C. the same are compounded. Accordingly, Crl.M.P.No.5728 of 2015 and Crl.M.P.(S.R.) No.20064 of 2015 are ordered and both the Criminal Petitions are allowed by quashing the proceedings in C.C.No.3323 of 2015 on the file of XIX Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad.
Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date: 19-06-2015 pab