Sarangam Naga Surya Prakash v. The State Of Sho>,
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.2245 of 2015 in Crl.P.No.5141 of 2013 & Criminal Petition No.5141 of 2013 and Crl.P.M.P.No.2224 of 2015 in Crl.P.No.2045 of 2015 & Criminal Petition No.2045 of 2015 COMMON ORDER:
The defacto complainant and her counsel Sri B.Jayakar are present. A.1 and A.3 (Petitioners in Crl.P.No.2045 of 2015), A.4, A.5 and A.6 in (Petitioners in Crl.P.No.5141 of 2013) and their counsel Sri Ganduri Nageswara Rao are present.
2) On the report given by defacto complainant, the police of Women Police Station, Guntur Urban District registered Crime No.344 of 2012 and after investigation laid charge sheet under Sec.498-A IPC and Sec.3 and 4 of D.P. Act and learned Special Judicial First Class Magistrate for Prohibition and Excise, Guntur took cognizance of the charge sheet and registered the case as C.C.No.92 of 2013. 3 ) While-so, today the parties and their learned Counsel appeared before this Court and submitted that they have amicably resolved all their disputes at the intervention of elders, according to which, the defacto complainant and A.1 agreed to obtain divorce and in fact they filed divorce O.P before the Judge, Family Court, Guntur and the maintenance claim of the defacto complainant was also taken care and A.1 agreed to pay Rs.
6,00,000/- to her in three installments. He paid Rs.2,00,000/- through D.D.No.673252 dated 24.01.2015 drawn on Standard Chartered Bank, Jubilee Hills Branch, Hyderabad at the time of defacto complainant withdrawing O.P.No.179 of 2013 on 30.01.2015 which was filed by her for restitution of conjugal rights and today A.1 paid another Rs.2,00,000/- under D.D.No.673317 dated 07.03.2015 drawn on Standard Chartered Bank and A.
agrees to pay the balance amount of Rs.2,00,000/- at the time of obtaining divorce and as such the defacto complainant has no objection for quashment of the proceedings in C.C.No.92 of 2013 of the Special Judicial First Class Magistrate for Prohibition and Excise, Guntur and therefore, this Court may be pleased to accord permission to compound the offence and quash the proceedings in the interest of justice.
Having regard to the above submission of the parties and considering the fact that it is a matrimonial matter wherein the parties have amicably settled the disputes, as stated supra, and no useful purpose will be served if they are driven to trial, and following the decision reported in Gian Singh v. State of Punjab and another this petition is allowed and permission is accorded to compound the case and compromise is recorded in terms of joint memo filed by parties and consequently the proceedings in C.C.No.92 of 2013 on the Special Judicial First Class Magistrate for Prohibition and Excise, Guntur are hereby quashed.
In the result, the petitions are accordingly allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U. DURGA PRASAD RAO, J Date: 17.03.2015 scs