Vakati Krishna Reddy v. The State Of Ap.,

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.2552 of 2015 in Crl.P.No.13506 of 2013 & Criminal Petition No.13506 of 2013 and Crl.P.M.P.No.2551 of 2015 in Crl.P.No.11261 of 2014 & Criminal Petition No.11261 of 2014 COMMON ORDER:

The defacto complainant and her counsel Sri Charan Telaprolu are present. A.2 and A.3 (Petitioners in Crl.P.No.13506 of 2013) and their counsel Sri B.Vijayasen Reddy are present A.1 and A.4 (Petitioners in Crl.P.No.11261 of 2014) are absent and they are represented by their father-cum-Power of Attorney i.e. A2-V.Krishna Reddy.

2) On the report given by defacto complainant, the police of IV Town PS, Nellore Town registered Crime No.25 of 2012 and after investigation laid charge sheet against A1 to A4 under Sections 498-A, 406, 420, 120B IPC and Sections 3 and 4 of Dowry Prohibition Act and learned V Additional Judicial First Class Magistrate, Nellore took cognizance of the charge sheet and registered the case as C.C.No.609 of 2012.

3) While-so, today defacto complainant, A2 and A3 along with their counsel appeared before this Court and submitted that at the intervention of elders they have amicably settled all their disputes and as per the terms of agreement, the defacto complainant and A.1 obtained divorce by mutual consent as per compromise decree in FCA Nos.76 and 77 of 2015 dated 09.03.2015 and the maintenance claim of defacto complainant

was also taken care of in the compromise decree and in view of it, defacto complainant has no objection for quashment of the proceedings in C.C.No.609 of 2012 on the file of V Additional Judicial First Class Magistrate, Nellore and therefore, the Court may be pleased to accord permission to compound the offence and 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 all their disputes and no useful purpose will be served even if they are driven to trial, and following the decision reported in Gian Singh v. State of Punjab and another[1] these petitions are allowed and permission is accorded to compound the offence and consequently the proceedings in C.C.No.609 of 2012 on the V Additional Judicial First Class Magistrate, Nellore are hereby quashed.

In the result, the petitions are accordingly allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ U. DURGA PRASAD RAO, J Date: 10.04.2015 Note: Issue CC by Monday (b/o) Murthy [1] 2012) 10 SCC 303