High Court for State of TelanganaCRLP/12854/2015allowed no costs

Riyaz Ahmed v. Gulafsha

2015-12-10Raja Elango4 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRL.M.P.Nos.12788 and 12799 of 2015 & Crl.P.No.12854 of 2015 & CRL.P.NO.11198 of 2013 & CRL.R.C.No.162 OF 2014 COMMON ORDER:

1. Since the issue involved in the above cases is one and the same and the parties are one and the same, they are heard together and being disposed of by this common order.

2. Crl.P.No.11198 of 2013 is filed by A2 to A7 and Crl.P.No.12854 of 2015 is filed by A1 under Section 482 Cr.P.C., seeking to quash the proceedings against them in C.C.No.58 of 2012 on the file of the Principal Judicial Magistrate of First Class, Siddipet.

3. For the sake of convenience, the status of the parties is hereinafter referred to as arrayed in the above Criminal Petitions.

4. Originally, the 1st respondent in the above Criminal Petitions filed D.V.C.No.6 of 2012 against the petitioners and another, seeking reliefs under Sections 18, 19, 20(1)(d) and 22 of the Protection of Women from Domestic Violence Act, 2005. The learned Magistrate partly allowed the DVC restraining the petitioners herein from causing any kind of Domestic violence against the 1st respondent and her parents; directing husband of the 1st respondent to pay a sum of Rs.1,000/- per month towards house rent to her from the date of filing the petition; further directing him to pay Rs.4,000/- p.m., towards monthly maintenance; and to pay Rs.4,00,000/- towards compensation amount to her and further directing the other petitioners herein to pay an amount of Rs.1,00,000/- towards compensation amount. Aggrieved by the same, the petitioners filed Crl.A.No.56 of 2013 before the VI Additional District

& Sessions Judge, Medak at Siddipet. The learned Sessions Judge partly allowed the appeal setting aside the order in the DVC with the following modifications:

1) Appellants 1 and 2 (parents-in-law of the 1st respondent herein) shall pay compensation of Rs.1,00,000/- within three months to the 1st respondent;

2) The orders to pay the compensation amount by appellants No.3 to 8 is hereby set aside.

3) The other reliefs ordered by the lower Court are hereby confirmed. Being not satisfied with the order of the lower appellate Court, the petitioners filed Crl.R.C.No.162 of 2014.

5. The petitioners are alleged to have committed the offence punishable under Sections 498-A r/w 34 IPC.

6. When these matter are taken up, the petitioners and the 1st respondentcomplainant, who appeared before this Court, submitted through their respective Counsel that they entered into compromise and therefore, the proceedings in the above C.C. may be quashed. The 1st respondent-complainant also filed the above Crl.M.Ps, seeking permission to compound the above offence, and to record the compromise and to quash the proceedings in the above C.C. The 1st respondentcomplainant has also filed an affidavit before this Court. Both the parties filed a joint memo, under which the 1st respondent-complainant and her husband acknowledged that divorce took place between them long back. Further, the 1st respondent agreed not to execute or enforce the order in D.V.C.No.6 of 2012 and she will not claim any amount whatsoever either towards maintenance or towards any other purposes.

7. Having regard to the fact that now the matrimonial dispute between the 1st respondent and A1 has been settled amicably, no useful purpose would be served in continuing the prosecution launched against the petitioners for the offence punishable under Section 498-A r/w 34 IPC. This Court is convinced that the continuance of the prosecution would be sheer waste of time of the Court and it

would also result in hardship to the parties.

8. Considering the above circumstances, this Court feels that it is a fit case to quash the proceedings against the petitioners herein. Hence, the compromise is recorded and the above Crl.M.Ps. are ordered.

9. Accordingly, the Criminal Petitions are allowed quashing the proceedings against the petitioners in the above C.C.No.58 of 2012 on the file of the Principal Judicial Magistrate of First Class at Siddipet.

10. In view of the compromise and joint memo filed in the above Crl.P.No.12854 of 2015, the Crl.R.C.No.162 of 2014 is allowed setting aside the order dated 13.12.2013 in Crl.A.No.56 of 2013 on the file of VI Additional District & Sessions Judge, Medak at Siddipet and the order dated 31.5.2013 in D.V.C.No.6 of 2012 on the file of the Additional Judicial Magistrate of First Class at Siddipet. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 10.12.2015 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRL.M.P.Nos.12788 and 12799 of 2015 & Crl.P.No.12854 of 2015 & CRL.P.NO.11198 of 2013 & CRL.R.C.No.162 OF 2014 Dated 10th December, 2015.