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High Court for State of TelanganaCRLP/14801/2016allowed no costs

Malathi Lakshmi Sridhar, v. State Of Andhra Pradesh

2017-03-13A.Shankar Narayana3 pages

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.2093 & 2094 of 2017 IN/AND CRIMINAL PETITION No.14801 OF 2016 COMMON ORDR:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') by the petitioner/accused seeking to quash the proceedings in C.C. No.392 of 2016 on the file of XXV-Metropolitan Magistrate, Miyapur, Rangareddy District, for the offences punishable under Sections 498-A & 342 of I.P.C and Sections 3 & 4 of Dowry Prohibition Act. 2.

Criminal Petition M.P. No.2093 of 2017 is filed under Section 320 (2) of the Code requesting to grant permission to compound the offences punishable under Sections 498-A & 342 of I.P.C. and Sections 3 & 4 of Dowry Prohibition Act and consequently to quash the proceedings in the aforesaid calendar case. 3.

Criminal Petition M.P. No.2094 of 2017 is filed under Section 320 (2) of the Code requesting to record compromise. 4.

The 2nd respondent/de facto complainant and the petitioner/accused are present and identified by their respective Counsel, Sri A. Ravi Shankar and Sri R. Siva Sai Swaroop. The parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.

5.

The de facto complainant and the petitioner/accused in the criminal petition would affirm the contents mentioned in the joint memo filed along with Criminal Petition M.P. No.2094 of 2017 duly signed by both the parties and their respective counsel, requesting to permit the parties to compromise the matter, and to compound the offences, and consequently to quash the proceedings against the accused stating that with the intervention of the elders, they settled the matter between them, outside the Court, in terms of the compromise. 6.

Since both the parties have affirmed the terms of the Joint Memo and request to record the compromise compounding the offences against all the accused and to quash the proceedings and as it is a matrimonial dispute falling within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh (supra) v. State of Punjab1, Criminal Petition M.P. Nos.2093 & 2094 of 2017 are allowed recording the compromise between the parties in terms of the Joint Memo and compounding the offences against all the accused. 7.

Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against all the accused in C.C. No.392 of 2016 on the file of XXV-Metropolitan Magistrate, Miyapur, R.R. District. The Joint Memo entered into between the parties shall form part of the record.

1 2012 (10) SCC 303

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

__________________________ A. SHANKAR NARAYANA, J Dt. 13.03.2017 gbs