Syed Basithullah Shah, v. The State Of Telangana
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P.M.P No.8087 of 2015 IN/ AND Crl.P. No.8084 of 2015 COMMON ORDER :
This Criminal Petition is filed by the petitioners/ accused Nos.1 to 3 under Section 482 Cr.P.C seeking to quash the proceedings of C.C No.43 of 2015 on the file of the XV Additional Chief Metropolitan Magistrate at Hyderabad, where the learned Magistrate has taken cognizance for the offences punishable under Section 498A, 406, 506 IPC and Sections 3 & 4 of Dowry Prohibition Act, which is outcome of report of 2nd respondent-de facto complainant in Crime No.199 of 2013 of Women P.S., Begumpet, Secunderabad.
2) Pending disposal of the Criminal Petition, de facto complainant and accused Nos.1 to 3 are present and filed a joint memo along with affidavit of de facto complainant in Crl.P.M.P No.8087 of seeking permission to compound the offences under Section 482 Cr.P.C and also filed the matrimonial settlement award dated 23.12.2013, the petitioner No.1 pronounced triple talaq that came into force and deposited Rs.41,250/- towards Iddat period maintenance. Apart from that, the de facto complainant received a sum of Rs.1,25,000/- towards full and final matrimonial settlement as referred supra and the de facto complainant states that for her future well-being, thereby
sought for permission to compound the offences.
3) Having regard to the above, though the offences under Sections 3 & 4 of D.P. Act are not compoundable under Section 320 Cr.P.C, to sub-serve the ends of justice by invoking Section 482 Cr.P.C, permission is accorded. Accordingly, the Crl.P.M.P. No.8087 of 2015 is ordered and the offences under Section 498-A IPC and Sections 3 & 4 of D.P Act, are compounded.
4) Consequently, the Criminal Petition is allowed and all the proceedings relating to C.C No. No.43 of 2015 on the file of the XV Additional Chief Metropolitan Magistrate at Hyderabad, is hereby quashed. The bail bonds of the accused, if any, shall stand cancelled.
5) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J 13.08.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
Crl.P.M.P No.8087 of 2015 IN/ AND Crl.P. No.8084 of 2015 Date:13.08.2015 knl