← Library
High Court for State of TelanganaCRLP/710/2015allowed no costs

Chukkaluri Eshwar Kumar v. State Of Telangana,

2015-01-27U.Durga Prasad Rao2 pages

THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Crl.P.M.P. No.725 of 2015 in Crl.P. No.710 of 2015 and Crl.P. No.710 of 2015 Common Order:

The de-facto complainant and her counsel Sri M.A.H.Amjad are present. Accused Nos.2 to 4 and their counsel Sri M.A.K.Mukheed are present. Sri Ch.Venkateswarlu/A3 is representing A1-Ch.Eswar Kumar by Special Power of Attorney.

Heard both sides.

The Police Warangal Urban WPS laid charge sheet against the accused in FIR No.19 of 2012 for the offences under Sections 498A, 406 and 506 IPC and Sections 3 and 4 of Dowry Prohibition Act and learned I Additional Judicial First Class Magistrate, Warangal took cognizance of the case and registered in C.C.No.6 of 2014. When the matter thus stands, both the parties now submit that at the intervention of elders parties have resolved their disputes and entered into compromise and thereby de-facto complainant and Accused No.1 proposed to live separately by obtaining divorce and in fact they filed divorce petition today in Family Court, City Civil Court, Hyderabad and they also compromised their disputes in the present Criminal Petition and sofaras the maintenance of de-facto complainant is concerned, Accused No.

1 agreed to pay a total sum of Rs.13,50,000/- towards full and final settlement of her maintenance and accordingly today he paid Rs.9 lakhs (Rupees nine lakhs only) under two Demand Drafts bearing Nos.205010 and 205011 each for Rs.4,50,000/- drawn on State Bank of India, Barkatpura Branch, Hyderabad and he will pay the balance amount of Rs.

obtaining decree of divorce in the Family Court, City Civil Court, Hyderabad and therefore, they may be permitted to compromise and consequently proceedings in C.C.No.6 of 2014 may be quashed. Having regard to the above said submission and considering that it is a matrimonial case where the parties have entered into a compromise by resolving their disputes and no useful purpose will be served if they are driven to trial and following the decision reported in Gian Singh v. State of Punjab and another permission is accorded and compromise is recorded in terms of accompanying compromise petition and consequently the proceedings in C.C.No.6 of 2014 on the file of I Additional Judicial First Class Magistrate, Warangal are hereby quashed.

In the result, both the petitions are accordingly allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _________________________ U.DURGA PRASAD RAO, J 27-01-2015 Murthy