Vivaswat Gumudavelli, v. State Of Telangana

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.3463 & 3464 OF 2017 IN/AND CRIMINAL PETITION No.3450 OF 2017 COMMON ORDER:

Criminal Petition No.3450 of 2017 is filed by the petitioner - accused under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings in C.C. No.1831 of 2016 on the file of XXV-Metropolitan Magistrate, Miyapur, Rangareddy District, for the offences punishable under Section 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act. 1961.

2.

Criminal Petition M.P. No.3463 of 2017 by the 2nd respondent/de facto complainant, Smt. G. Meghna Vivaswat, under Section 320 (6) of Cr.P.C. requesting to permit her to enter into compromise.

3.

Criminal Petition M.P. No.3464 of 2017 by the 2nd respondent/de facto complainant, Smt. G. Meghna Vivaswat, under Section 320 (2) of Cr.P.C. along with her affidavit, Joint Memo signed and affirmed by both the parties. They request to permit them to compromise the offences and to compound the offences, and consequently to quash the proceedings against the accused in C.C. No.1831 of 2016 on the file of XXV-Metropolitan Magistrate, Miyapur, Rangareddy District, stating that with the intervention of the elders, they settled the matter between them, outside the Court

4.

The 2nd respondent/de facto complainant - Smt. G. Meghna Vivaswat, accused, as well as counsel are present and the parties are identified by their respective counsel, Ms. Har Rachan Kaur and Mrs. Neelam Narania. The parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.

5. On being asked, the 2nd respondent/ de facto complainant and accused, report that that they have compromised the matter at the intervention of the elders and to that effect they have also filed Joint Memo, and request the Court to record the compromise compounding the offences against the accused, and, consequently to quash the proceedings.

6.

Since both the parties have affirmed the terms of the Joint Memo, and request to record the compromise compounding the offences against the accused and to quash the proceedings and as it is a matrimonial dispute falling within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1 the parties are permitted to enter into compromise by allowing Criminal Petition M.P. No.3463 & 3464 of 2017.

7.

Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the accused in C.C. No.1831 of 2016 on the file of XXV-Metropolitan Magistrate, 1 2012 (10) SCC 303

Miyapur, Rangareddy District, The Joint Memo entered into by them shall form part of the record.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition shall stand closed.

__________________________ A. SHANKAR NARAYANA, J Dt. 27.04.2017 gbs