Dr. Pendem Suresh, S/O.P.Chandrakanth Gandhi v. The State Of Telangana

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.2191 of 2015 in Crl.P.No.2002 of 2015 and Criminal Petition No.2002 of 2015 COMMON ORDER:

The defacto complainant and her counsel Sri Sai Gangadhar Chamarthy are present. Accused Nos.2 and 3 and their counsel Sri K.Sai Babu are present. A.1-Dr.Pendem Suresh is absent and he is represented by A.2 who is father and G.P.A Holder.

Heard both sides and perused the petition.

On the report given by the defacto complainant, the police of Cyber Crime, CCS, Hyderabad registered Crime No.85 of 2013 against accused for the offence under Sec.66(A) of I.T. Act, 2008 and Sec.506 & 509 IPC. The allegation is that on 25.07.2013 at about 2:00 pm, the complainant received threat from an unknown person who came on motor bike near Malkajgiri area and threatened her to withdraw the 498-A case lodged by her against her husband and in-laws stating that if she did not withdraw, he would kill her. She received similar kind of threat from her in-laws and she complained on 01.06.2013. The complainant thus apprehended danger in the hands of her husband and inlaws. She received phone call from the mobile phone No.9642769681 with an abusive message. The investigation

is reported to be pending.

While so, both parties and their Counsel who attended the Court today submitted that they have amicably settled all their disputes at the intervention of elders, as per which the defacto complainant and A.1 proposed to take divorce and in fact they have filed Divorce Petition vide F.O.P.No.654 of 2013 on the file of Judge, Family Court, Ranga Reddy District which is pending and the maintenance claim of the defacto complainant was also taken care of and A.1 agreed to pay Rs.7,00,000/- to her in two installments towards her maintenance claim and today he paid Rs.4,00,000/- to her by way of D.D. bearing No.696689 dated 04.03.2015 drawn on State Bank of India, Yellareddyguda, Hyderabad and he will pay the balance amount of Rs.3,00,000/- to her at the time of obtaining divorce in FOP No.654 of 2013 and in view of it, the defacto complainant has no objection for quashment of the proceedings in Crime No.85 of 2013 on the file of Cyber Crime, CCS, Hyderabad and therefore, permission may be accorded to compound the offence and accordingly, quash the proceedings in the interest of justice.

Having regard to the above submission and in view of the fact that it is a matrimonial matter wherein the parties have amicably resolved their disputes, no useful purpose will be served if they are driven to trial since they compromised the issue and following the decision reported in Gian Singh vs. State of Punjab and another[1] this petition is allowed and

permission is accorded to the parties to compound the offence and proceedings in Crime No.85 of 2013 on the file of Cyber Crime, CCS, Hyderabad 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 Date: 16.03.2015 Note: Issue C.C in two days (b/o) scs [1] (2012) 10 SCC 303