Ravikanth Practoor And 5 Others v. The State Of A.P. And Another

SMT JUSTICE T.RAJANI CRIMINAL PETITION No.7139 OF 2013 ORDER:

1.

This Criminal Petition, under Section 482 of Cr.P.C., is filed by the Petitioners/A-1 to A-6 seeking to quash the proceedings in C.C. No.162 of 2012, pending on the file of the Court of Additional Judicial Magistrate of First Class at Adoni, Kurnool District (for short, 'the trial Court'), registered for the offences punishable under Sections 498-A, 506 and 509 R/w.34 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2.

Heard learned counsel for the petitioners and learned Public Prosecutor, appearing for the 1st respondent - State. There is no representation on behalf of the 2nd respondent - de-facto complainant.

3.

The only ground on which the petitioners seek for quash of the proceedings against them is that there was a compromise entered into between the petitioners and the de-facto complainant, after filing the complaint, and, in the terms of settlement, it is categorically stated at Point No.11 that the de-facto complainant therein undertakes to withdraw the Crime No.157 of 2011 lodged by her against the petitioners herein. The Memorandum of Settlement further shows that there were no claims of any nature whatsoever left between the parties in the past, present or future with regard to the immovable or movable properties including maintenance. The Memorandum of Settlement is the certified copy obtained from the Mediation Centre, High Court of Karnataka, Bangalore. 4.

Hence, considering the above, this Court opines that continuation of further proceedings against the Petitioners/A-1 to A-6 would result in sheer abuse of process of law.

5.

Accordingly, the Criminal Petition is allowed and all further proceedings against the Petitioners/A-1 to A-6 in C.C. No.162 of 2012, pending on the file of the Court of Additional Judicial Magistrate of First Class at Adoni, Kurnool District, are hereby quashed.

TR,J Crl.P. No.7139 of 2013 6.

As a sequel, the miscellaneous petitions, if any pending, shall stand closed.

___________________ T.RAJANI, J Date: 27.11.2018.

Dsh

TR,J Crl.P. No.7139 of 2013 SMT JUSTICE T.RAJANI 30112018 CRIMINAL PETITION No.7139 OF 2013 Date. 27.11.2018 DSH