Inkollu Savithri, Hyd And Ano v. P.P., Hyd And Ano
HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.2 and 3 of 2019 In/and CRIMINAL PETITION No. 8272 of 2019 and I.A.NOs.1 and 2 of 2020 in/and CRIMINAL PETITION NO.2393 OF 2016 COMMON ORDER:
The petitioners, who are A1 to A3 in C.C.No.20 of 2015 on the file of the XIII Additional Chief metropolitan Magistrate, Hyderabad, filed these two Criminal Petitions under Section 482 Cr.P.C. to quash the proceedings in the above C.C. A charge sheet came to be filed against the petitioners-A1 to A3 for the offences punishable under Sections 498-A and 406 IPC and 4 and 6 of D.P. Act.
2. Since these two Criminal Petitions arise out of same Cr.No.227 of 2014, which was subsequently numbered as C.C.No.20 of 2015, they are being taken up together and disposed of by way of this common order. 3.
The 2nd respondent/de facto complainant and A1 and A3 are personally present before this Court and they have been duly identified by their respective counsel. Since the mother of A1 (A3) has gone to Tirupathi for performing Seva to Sri Lord Venkateswara, she has executed Special Power of Attorney in favour of A1 to present personally on her behalf before the Court today. Special Power of Attorney executed by A3 is placed on record. The 2nd respondent/de facto complainant in both
the Criminal Petitions filed petitions to compound the offences and permit her to compromise the matter. Along with the petitions, joint memos have been filed, which are supported by the affidavit of the 2nd respondent/de facto complainant. The joint memos and the affidavits of the de facto complainant have been duly signed by the respective parties and their signatures have been attested by their respective counsel. The parties have also filed Memo of Understanding in Crl.P.No.8272 of 2019, which forms part of the record and which was reduced into writing between A1 and the 2nd respondent/de facto complainant inrter alia stating that both parties have amicably settled their issues out of the Court. In view of the said settlement, the 2nd respondent/de facto complainant has agreed to receive total sum of Rs.
50,00,000/- towards permanent alimony and out of the said Rs.50,00,000/-, she has already received a sum of Rs.25,00,000/- at the time of dissolution of marriage by way of decree of divorce, dated 25.11.2019 in FCOP No.1119 of 2014 on the file of the XV Addl. District Judge-cum-II Addl. Family Judge, Ranga Reddy District at Kukatpally, through demand draft bearing No.388020, drawn on Andhra Bank. Today, she has received balance amount of Rs.25,00,000/- by way of another demand draft bearing No.388021, dated 01.01.
Bank and the 2nd respondent/de facto complainant acknowledges to have received the same.
4. Today, both parties have produced Aadhar Cards and photographs, which show their identity. This Court, when examined, both parties have stated that at the instance of the elders, they have settled the matter out of the Court amicably and the second respondent has no objection for quashing the proceedings against the petitioners.
5. In the light of the compromise arrived at between the parties, the compromise memos filed by both the parties are recorded and I.A.Nos.2 and 3 of 2019 in Crl.P.No.8272 of 2019 and I.A.Nos.1 and 2 of 2020 in Crl.P.No.2393 of 2016 are ordered.
6. Accordingly, the Criminal Petitions are allowed in terms of compromise, and the proceedings in C.C.No.20 of 2015 on the file of the XIII Addl. Chief Metropolitan Magistrate, Hyderabad, against the petitioners-A1 to A3 are hereby quashed. Miscellaneous petitions, if any pending shall stand closed.
_______________________ JUSTICE G. SRI DEVI DATED: 06.02.2020.
Hsd
HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.2 and 3 of 2019 In/and CRIMINAL PETITION No. 8272 of 2019 and I.A.NOs.1 and 2 of 2020 in/and CRIMINAL PETITION NO.2393 OF 2016 Dated: 06.02.2020 Hsd