Chalasani Krishna , Chalasani Krishna Prasad v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NOS.5085 OF 2022 ALONG WITH I.A.NOS.2 AND 3 OF 2022 AND 11784 OF 2022 ALONG WITH I.A.NOS.3 AND 4 OF 2022 COMMON ORDER:

Crl.Petition No.5085 of 2022:

This Criminal Petition is filed by the petitioners-Accused Nos.4 and 5 to quash the proceedings against them in C.C.No.13858 of 2021 pending on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad.

Crl.Petition No.11784 of 2022:

This Criminal Petition is filed by the petitioners-Accused Nos.1 to 3 to quash the proceedings against them in C.C.No.13858 of 2021 pending on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad.

2.

Since the petitioners are Accused Nos.1 to 5 in C.C.No.13858 of 2021, both the criminal petitions are heard together and disposed off by this common order. The offences alleged against the petitioners are under Sections 498-A, 406 and 506 of Indian Penal Code (for short "IPC") and Sections 4 and 6 of Dowry Prohibition Act (for short "DP Act").

3.

During the pendency of the present Criminal Petitions, the parties have compromised the matter and, accordingly, respondent No.2 - de facto complainant filed I.A.Nos.3 and 4 of 2022 to permit to compound the offences and to compromise the matter. 4.

Vide order dated 28.12.2022, this Court, after recording the submissions made by the learned counsel for the petitioners as well as respondent No.2 - de facto complainant, directed the parties to appear before the Secretary, Telangana High Court Legal Services Committee, Hyderabad, for their identification and also directed the Secretary to submit a report by 09.01.2023. In compliance with the said order, the Secretary has submitted his report in criminal petition No.11784 of 2022, on 05.01.2023.

5.

In the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, it is stated that in obedience of the orders dated 28.12.2022, the petitioners in Crl.P.No.11784 of 2022 and the 2nd respondent have appeared before him along with their counsel and on examination and verification of their particulars from their Aadhar Cards, they were tallied. Thus the identification of both the parties has been established.

6.

The parties herein have filed a joint memo of compromise stating that they have settled the disputes between them amicably and 2nd respondent has no objection to quash the proceedings against the petitioners in both the Crl.P.Nos.5085 of 2022 and 11784 of 2022. The said joint memo of compromise and the report of the Secretary are placed on record.

7.

In view the said report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad and also in view of the compromise entered into between the petitioners-Accused Nos.1 to 5 in both the Crl.P.Nos.5085 of 2022 and 11784 of 2022 and respondent No.2 - de facto complainant, I.As are allowed. Consequently, both the Criminal Petitions are allowed and the proceedings against the petitioners - Accused Nos.1 to 5 in both the Crl.P.Nos.5085 of 2022 and 11784 of 2022, are hereby quashed. Further, the petitionersaccused Nos.1 to 5 undertake to pay an amount of Rs.10,000/- (Rupees Ten Thousand Only) in each case to 'The Director, Sainik Welfare, Hyderabad (Savings A/c.No.52188926279, State Bank of India, Shantinagar Branch (20070), IFSC Code: SBIN0020070, MICR No.500004057), within a period of ten days from today, and file proof of the same into the Registry.

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

_____________ K.SURENDER, J Date: 10.01.2023 ns