Karnakoti Upendhar , Upendhar Kumar v. The State Of Telangana And Ap.,
THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.12831 OF 2014 ORDER:
No representation for the petitioners.
After the Criminal Petition was registered, when the matter was listed for the first time on 18.10.2014, there was no representation for the petitioners and, since then, the matter has been pending. Learned Additional Public Prosecutor for the State of Telangana would represent that the parties, in fact, entered into compromise and the same was recorded by the Lok Adalath Committee on 27.11.2013 at the crime stage and consequently, no investigation was persuaded at all, as the matter ended in compromise. The affidavit filed in support of the present petition would show the reference to the said compromise, but it appears, since the offences registered include the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, which are non-compoundable, the present petition appears to have been filed.
However, there is an endorsement, dated 27.11.2013, made on the memo filed on 27.11.2013 before the Court of the Judicial Magistrate of First Class, Miryalguda, to the effect that the offences punishable under Sections 3 and 4 of the Dowry Prohibition Act are withdrawn. However, the parties have signed on the memo to refer the matter to the Lok Adalath, but the copy of the award is not filed.
However, the learned Additional Public Prosecutor represented that the investigation was closed, as such, there is no purpose in keeping the present petition pending.
When there is no representation for the petitioners, it is presumed that the petitioners are not interested in pursuing the matter further.
Even otherwise, it is open to the Investigating Officer/concerned police to file report before the Magistrate seeking permission to close the matter, as it is still at crime stage, if needed. Accordingly, the Criminal Petition is dismissed. Miscellaneous Petitions, if any, pending in this petition, shall stand closed.
___________________________ A. SHANKAR NARAYANA, J January 20, 2017.
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