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High Court for State of TelanganaCRLP/4722/2019allowed no costs

Vivek Ghai v. Radhika Rani

2019-08-13G Sri Devi2 pages

THE HONOURABLE JUSTICE G. SRI DEVI of and .

Nos .

.I and Crl.P.No.4722 of 2019 COMMON ORDER The criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.10778 of 2019 on the file of XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences under Sections 498-A and 406 IPC and under Sections 4 and 6 of Dowry Prohibition Act, 1961, against the petitioners/A1 to A5.

2.

I.A.Nos.2 and 3 of 2019 are filed under Sections 320(6) and 320(2) of Cr.P.C., by both parties seeking leave of this Court to compound the offences and to record compromise as the matter was settled out of the Court due to intervention of the elders. Along with the affidavits, they filed a joint memo of compromise stating that the 1st respondent-de facto complainant has agreed to withdraw the aforesaid C.C., and O.P.No.989 of 2016 on the file of the Judge, Family Court, Ranga Reddy, filed for restitution of conjugal rights and that they also filed O.P.No.445 of 2018 on the file of the Judge, Family Court, City Civil Courts, Hyderabad, for divorce by mutual consent. They also agreed that they will not claim any right on their movable or immovable properties and they will not file any civil or criminal cases against each other in future.

3.

Today, when the matter came up for hearing, the 1st respondent/de-facto complainant and the petitioners/A1 to A5 are present and they are identified by their respective counsel. When

this Court enquired the parties, the de-facto complainant and the accused stated that they entered into compromise due to intervention of the elders.

4. In view of the settlement arrived at between the parties, I find that it is a fit case to grant leave to the parties to compound the offences and to quash the proceedings against the petitioners/A1 to A5.

5. In the result, I.A.Nos.2 and 3 of 2019 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.10778 of 2019 on the file of XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed against the petitioners/A1 to A5. Miscellaneous petitions, if any pending in the criminal petition, shall stand closed. _____________ G. SRI DEVI, J 13th August, 2019 sj