Gonaboina Bhanu Prasad v. The State Of Telangana And Another

HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.3 and 4 of 2019 in/and Criminal Petition No.6104 of 2019 and I.A.Nos.3 and 4 of 2019 in/and Criminal Petition No.6237 of 2019 COMMON ORDER:

The petitioners in Crl.P.No.6104 of 2019 are A.1 to A.4 in C.C.No.66 of 2014 on the file of the XIX Metropolitan Magistrate, Kukatpally at Miyapur, out of Cr.No.506 of 2012 on the file of the SHO, Sanathnagr, Cyberabad, registered for the offences punishable under Section 498-A IPC and under Sections 4 and 5 of the Dowry Prohibition Act, and the petitioner in Crl.P.No.6237 of 2019 is A.5 of the same crime in C.C.No.780 of 2016, a split up case from C.C.No.66 of 2014. These two Criminal Petitions are filed by the respective petitioners under Section 482 CrPC to quash the proceedings in the above cases. 2.

Respective petitioners and the defacto-complainant along with their counsel present and the parties were identified by their respective counsel. The A.1 is husband, A.2 and A.3 are in-laws and A.4 and A.5 are brothers-in-law of the 2nd respondent-defacto-complainant. When examined they stated that they intend to compromise the matter, pending criminal petitions, and filed petitions seeking to permit them to compromise the matter and compound the offences alleged against the respective petitioners.

3. Perused the miscellaneous petitions in both the Criminal Petitions filed seeking permission to compromise the matter and consequently to quash the proceedings in the above cases against the respective petitioners. Perused the joint memos filed by the parties in both the Criminal Petitions with similar contents which show that they have amicably settled the disputes between them at the intervention of the elders and well wishers and the same is supported by the affidavit of the 2nd respondent wherein it is stated that the petitioners agreed to pay total alimony of Rs.25,00,000/- (Rupees twenty five lakhs only) to the 2nd respondent and both the parties have to withdraw the cases against each other. The defacto-complainant in the open Court acknowledged that she received Rs.5,00,000/-(Rupees five lakhs only) in cash and Rs. 15,00,000/- (Rupees fifteen lakhs only) by way of Demand Drafts and balance amount of Rs.5,00,000/-(Rupees five lakhs only) shall be paid at the time of disposal of the HMOP No.95 of 2017 before Lok Adalath, Narsapur.

4.

Thus in view of the above compromise, the same is recorded and the aforesaid offences alleged against the petitioners are compounded. 5.

Accordingly, respective petitions vide I.A.Nos.3 and 4 of 2019 in Crl.P.No.6104 of 2019 and I.A.Nos.3 and 4 of 2019 in Crl.P.No.6237 of 2019 are allowed and consequently both the Criminal Petitions are also allowed quashing the proceedings in C.C.No.66 of 2014 and C.C.No.780 of 2016 on the file of the XIX Metropolitan Magistrate, Kukatpally at Miyapur, against the A.1 to A.4 in C.C.No.66 of 2014 and A.5 in

C.C.No.780 of 2019. The respective petitioners/A.1 to A.4 and A.5 are acquitted and their bail bonds, if any, shall stand cancelled. 6.

Miscellaneous petitions pending, if any, in both the Criminal Petitions, shall stand closed.

_____________________ JUSTICE G. SRI DEVI Dt.19.10.2019 vvr

HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.3 and 4 of 2019 in/and Criminal Petition No.6104 of 2019 and I.A.Nos.3 and 4 of 2019 in/and Criminal Petition No.6237 of 2019 Dt.19.10.2019 vvr