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High Court for State of TelanganaCRLP/10215/2011allowed no costs

Yalla Ayyappa Naidu, v. Yalla Rama Tulasi,

2016-02-11Raja Elango3 pages

HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.M.P. No.1558 of 2015 and Criminal Petition No.10215 of 2011 ORDER:

The petitioners/accused Nos.2 to 5 filed this Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the proceedings against the petitioners in C.C.No.150 of 2011 on the file of the Court of the Judicial First Class Magistrate, Palakol, West Godavari District, for the offences punishable under Sections 498-A and 506 (2) I.P.C. and Sections 4, 5 and 6 of Dowry Prohibition Act. The petitioners - accused Nos.2 to 5 filed Crl.P.M.P. No.1558 of 2015 seeking permission of the Court to compound the offences.

The affidavit of the first respondent/de facto-complainant filed along with the petition would disclose that at the instance of elders and well-wishers, they have settled the matter out of court and she has no objection for quashing the proceedings against the petitioners/accused Nos.2 to 5.

The petitioners/accused Nos.3 to 5 and the first respondent/de facto-complainant are present before this Court and produced their identities and the same are verified by the learned Addl. Public Prosecutor. The first

respondent/de facto-complainant stated that on the advice of elders and well-wishers, herself and petitioners have compromised the matter out of Court and therefore she intends to withdraw the criminal proceedings pending against petitioners with free will and consent and there is no coercion or undue influence from any side for the same.

The learned Addl. Public Prosecutor submitted that there is no objection to quash the proceedings inasmuch as both the parties settled the matter amicably. In the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against petitioners would serve no purpose and invoking the provisions under Section 482 Cr.P.C. the proceedings in the crime can be quashed by compounding the offences.

Accordingly, Crl.P.M.P. No.1558 of 2015 is ordered. Consequently, the Criminal Petition is allowed and the proceedings initiated against petitioners herein in C.C.No.150 of 2011 on the file of the Court of the Judicial First Class Magistrate, Palakol, West Godavari District, are hereby quashed. The affidavit of the first respondent/de facto-complainant filed into Court be made as part of this order. Miscellaneous Petitions, if any, pending in this criminal petition shall stand closed.

____________________ RAJA ELANGO, J.

11th February, 2016 skmr