Mohammed Aleemuddin Wahed v. The State Of A.P.,
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P.M.P No.5288 of 2015 IN/ AND Crl.P. No.5080 of 2014 COMMON ORDER :
Pending disposal of the Criminal Petition, to quash the proceedings of C.C No.73 of 2009 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, outcome of Crime No.399 of 2007 of Women Police Station, CCS Hyderabad for the offences punishable under Sections 498-A, 506, 323 IPC r/w 34 IPC and Sections 3 & 4 of D.P Act against petitioners/ accused Nos.1 and 3 and another based on the 2nd respondent/ de facto complainant's report. 2) The de facto complainant claimed that having divorced to 1st petitioner herein, she married again and living with her husband, which is long after the divorce pronounced by 1st petitioner by putting an end to marital tie and came into force with settlement of Iddat period maintenance and 2nd respondent-de facto complainant since represented by GPA holder-cum-brother filed an application along with GPA and proof of her second marriage. Both the parties filed an application seeking permission to compound the offences saying that the matter is settled outside the Court to purchase peace in the welfare of both sides.
3) Having regard to the above, though the offences under Sections 3 & 4 of D.P. Act are not compoundable
under Section 320 Cr.P.C, to serve the ends of justice by invoking Section 482 Cr.P.C, permission is accorded. Accordingly, the Crl.P.M.P. No.5288 of 2015 is ordered and permission is accorded.
4) Consequently, the Criminal Petition is allowed and all the proceedings relating to C.C. No.73 of 2009 on the file of XIII Additional Chief Metropolitan Magistrate Hyderabad, are quashed. The bail bonds of the petitioners/ accused Nos.1 & 3, if any, shall stand cancelled.
5) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J 02.07.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P.M.P. No.5288 of 2015 IN/ AND Crl.P. No.5080 of 2014
Date:02.07.2015 Knl