Gaddam Lakshmi Sumathi , Sulochana v. The State,
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.10868 of 2014 in Crl.P.No.8913 of 2013 and Criminal Petition No.8913 of 2013 COMMON ORDER:
The defacto complainant and his Counsel Sri T.V.Ramana Rao, are present. A.1 to A.8 and their Counsel Sri Venkateshwar Varanasi are present. A.9 is absent, it is informed that due to ill-health and hospitalization, she is absent.
Heard both sides and perused the petitions.
On the report given by the defacto complainant, the Police of Godavarikhani I Town P.S, Karimnagar District registered a case in Crime No.233/2013 against accused for the offences under Sec.290, 506 r/w 34 IPC and Sec.3(1)(x) of SC, S.T (POA) Act, 1989. The investigation is reported to be pending.
While-so, today the defacto complainant, A.1 to A.8 and their respective Counsel present in Court and submitted that sometime back the defacto complainant and A.1 lived together and thereafter the A.1 filed O.P.No.59 of 2013 before the Senior Civil Judge, at Peddapally in Karimnagar District for restitution of conjugal rights against the defacto complainant and at the intervention of elders both of them have amicably settled all their disputes and as per the terms of settlement she has already withdrawn the said O.P and now they want to live separately in a peaceful and amicable manner and in view of the said settlement the defacto complainant has no objection for quashment of the proceedings in Crime No.233 of 2013 against all the accused and so this Court may be pleased to accord permission to them 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 for some time the defacto complainant and A.1 lived together and now at the intervention of elders they have amicably settled all their
disputes and want to live separately in a peaceful manner and further considering that no useful purpose will be served even if the investigation is ordered to be continued since the parties have compromised and following the decision reported in Gian Singh vs. State of Punjab and another, this petition is allowed and permission is accorded to the parties to compound the offence and consequently proceedings in Crime No.233/2013 of Godavarikhani I Town P.S, Karimnagar District are quashed against all the accused in the light of joint compromise memo filed by the parties.
In the result, both the petitions are accordingly allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U. DURGA PRASAD RAO, J Date: 23.04.2015 scs