K. Saritha v. K. Mahesh Kumar

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.5719 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner/defactocomplainant under Section 482 Cr.P.C seeking to quash the proceedings in C.C. No.25 of 2014 on the file of learned XXI Metropolitan Magistrate, Cyberabad at Medchal in connection with the compromise entered between both parties.

2) The petitioner/defacto-complainant and the respondents 1 and 2/accused Nos.1 and 2 are present. The learned Magistrate taken cognizance against the accused for the offences punishable under Sections 498-A and 354(A) I.P.C in the above Calendar Case. Pending the above criminal petition the petitioner and the respondents 1 and 2 filed a memo with affidavit of defacto-complainant stating that through elders intervention, to purchase peace, they amicably settled the matter and the accused persons agreed to pay a sum of Rs.5,00,000/- (Rupees five lakhs only) of which as per the agreement dated 14.10.2014, an amount of Rs.3,00,000/- already paid, decree of divorce already granted on mutual consent and the remaining amount of Rs.2,00,000/- to be paid on recording of compounding in this case.

3) It is stated by the learned counsel for the respondent Nos.1 and 2 that they want to pay the balance amount of Rs.2,00,000/- in cash and the Court wanted to

obtain demand draft in favour of the defacto-complainant by the accused and directed to hand over the same in the open Court for recording the compromise by compounding the offences.

4) At request of both sides, for payment of balance amount through demand draft and for recording compromise, the matter posted to 02.07.2015 from 01.07.2015. Today i.e., on 02.07.2015 both parties present and the respondent Nos.1 and 2/accused Nos.1 and 2 paid the amount of Rs.2,00,000/- through demand draft bearing D.D. No.403795, dated 02.07.2015, Syndicate Bank of Alwal branch.

5) As the defacto-complainant herself voluntarily wants to compound, permission is granted by invoking inherent powers under section 482 Cr.P.C to subserve the ends of justice.

Accordingly permission is accorded and the offences are compounded.

6) Accordingly, the Criminal Petition is allowed and C.C.No.25 of 2014 on the file of XXI Metropolitan Magistrate, Cyberabad at Medchal is hereby quashed. Bail bonds of the accused, if any, shall stand cancelled.

7) Miscellaneous petitions, if any pending, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.2nd July, 2015 KSH