A.V.N. Satish v. The State Of Telangana

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.2405 AND 2406 OF 2017 IN/AND CRIMINAL PETITION No.2438 OF 2017 COMMON ORDR:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code'), is filed by accused Nos.1 to 3 in C.C.No.366 of 2014 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, requesting to quash the proceedings against them in the said Calendar Case.

2. Criminal Petition M.P.Nos.2405 and 2406 of 2017, along with the affidavit of respondent No.2 - de facto complainant and the Joint Memo signed by both parties, are filed by respondent No.2, under Section 320 of the Code, requesting to permit her to compound the offences and to record compromise.

3. Both parties as well as their counsel are present and they are identified by their respective counsel. Petitioner No.1 has produced photostat copy of his 'PAN Card', whereas respondent No.2 - de facto complainant has produced photostat copy of her 'Driving Licence', in proof of their identity.

4. On being asked, the de facto complainant and petitioner No.1 - accused No.1 would report that they have amicably settled the dispute at the intervention of elders, friends and well wishers, and compromised the matter and they have no claims or rights against

ASN,J Crl.P.No.2438 of 2017 each other in future, and request the Court to permit them to enter into compromise for the offences punishable under Sections 498A and 406 I.P.C. and Sections 4 and 6 of Dowry Prohibition Act, in connection with C.C.No.366 of 2014 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, and allow the Criminal Petition. They also affirm the contents mentioned in the Joint Memo.

5. Since both the parties affirm the contents mentioned in the Joint Memo referred to above and request to record compromise and quash the impugned proceedings against the petitioners, and in view of the law declared by the Honourable Supreme Court in Gian Singh v. State of Punjab1, Criminal Petition M.P.Nos.2405 and 2406 of 2017 are allowed recording compromise between the parties.

6. Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioners herein in C.C.No.366 of 2014 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.

__________________________ A. SHANKAR NARAYANA, J March 22, 2017.

MD 1 2012 (10) SCC 303