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High Court for State of TelanganaCRLP/2751/2017allowed no costs

Alla Sreedhar Reddy v. The State Of Telangana,

2017-04-06A.Shankar Narayana3 pages

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.2714 & 2715 OF 2017 IN/AND CRIMINAL PETITION No.2751 OF 2017 COMMON ORDER:

Criminal Petition No.2751 of 2017 is filed by the petitioners - accused Nos.1 to 3 under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the First Information Report in Crime No.1073 of 2016 on the file of KPHB Police Station (Now Bachupally P.S.) Cyberabad, for the offences punishable under Sections 498-A, 420 of IPC and under Sections 3 & 4 of Dowry Prohibition Act, 1961.

2.

Criminal Petition M.P. No.2714 of 2017 is filed by the de facto complainant, Smt. A. Sandhya, under Section 320 (6) of Cr.P.C. to permit her to enter into compromise with the petitioners - accused Nos.1 to 3 in the aforesaid crime.

3.

Criminal Petition M.P. No.2715 of 2017 is filed by the de facto complainant, Smt. A. Sandhya, under Section 320 (2) of Cr.P.C. along with affidavit of de facto complainant, a Joint Memo signed and affirmed by both the parties. They request to permit them to compromise the matter and to compound the offences, and consequently to quash the proceedings against all the accused stating that with the intervention of the elders and well-wishers the matter has been amicably settled and both of them agreed to live separately and to that effect a Deed of Settlement was executed on 20.12.2016.

3. The de facto complainant, accused Nos.1 to 3, as well as their counsel are present and the parties are identified by their respective counsel, Sri M. Prasad Babu and Sri Chittem Venkata Reddy. The parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.

4. On being asked, 2nd respondent/de facto complainant in the Criminal Petition would affirm that she has already received Rs.15 lakhs (Rupees Fifteen Lakhs only) by way of demand draft and they filed even a divorce petition requesting to grant decree of divorce on mutual consent and pending on the file of Family Court, Rangareddy District.

5. Since both parties have affirmed the terms of the Joint Memo and request to record the compromise compounding the offences against all the accused and to quash the proceedings and as it is a matrimonial dispute falling within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, Criminal Petition M.P. Nos.2714 and 2715 of 2017 are allowed recording the compromise between the parties in terms of the Joint Memo and compounding the offences against all the accused.

6. Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against all the 1 2012 (10) SCC 303

accused in Crime No.1073 of 2016 on the file of KPHB Police Station (Now Bachupally P.S.) Cyberabad. The Joint Memo entered into between the parties and the Deed of Settlement dated 20.12.2016, shall form part of the record.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition shall stand closed.

__________________________ A. SHANKAR NARAYANA, J Dt. 06.04.2017 gbs