← Library
High Court for State of TelanganaCRLP/7409/2015compromise

Nikilesh Ojha, v. The State,

2015-07-28B.Siva Sankara Rao6 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * Crl.P.M.P.No.7305 of 2015 IN/ AND Crl.P.No.6385 of 2014 Between:

B.M.Ojha & another

...Petitioners/ accused Nos.3 to 4

AND The State, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, For the State of Telangana and the State of Andhra Pradesh & another .. Respondents Crl.P.M.P.No.7310 of 2015 IN/ AND Crl.P.No.7409 of 2015 Between:

Nikilesh Ojha

...Petitioner/ accused No.1

AND The State, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad,

For the State of Telangana and the State of Andhra Pradesh & another .. Respondents DATE OF JUDGMENT PRONOUNCED: 28-07-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO COMMON ORDER :

Pending disposal of Criminal Petition Nos.6385 of 2014 and 7409 of 2015 filed by accused Nos.3 and 4 and accused No.1 respectively since accused No.2 died in Crime No.439 of 2013 of

Miyapur Police Station registered for the offences punishable under Section 498-A IPC and Sections 3 & 4 of D.P Act, seeking to quash the said proceedings arraying the 1st respondent-State, 2nd respondent-de facto complainant of the above crime.

2) The petitioners/ accused Nos.1, 3 and 4 as well as de facto complainant are present and filed joint memo along with affidavit of de facto complainant in Crl.P.M.P. No.7305 of 2015 and 7310 of 2015 stating that the matter is compromised outside the Court at the intervention of elders and both of them agreed to withdraw their respective allegations and cases against each other and the petitioner/ accused No.1 agreed to pay an amount of Rs.5,50,000/- in two installments to the de facto complainant in respect of all her claims including permanent alimony and she received an amount of Rs.2,75,000/- by way of DD bearing No.24760 on 16.07.2015 drawn on S.B.B.J Bank as first installment out of two installments and the 2nd installment at the time of mutual consent divorce, hence to record the compromise.

3) Perused.

4) Having regard to the above, to sub-serve the ends of justice by invoking Section 482 Cr.P.C, it is appropriate to grant permission to compound. Accordingly, the Crl.P.M.P. Nos.7305 of 2015 and 7310 of 2015 are ordered and permission is accorded and the offences under Section 498-A IPC and Sections 3 & 4 of D.P Act, are compounded.

4) Consequently, the Criminal Petitions are allowed and all the proceedings relating to Crime No.439 of 2013 of Miyapur Police Station, Cyberabad, are quashed. The bail bonds of the petitioners/ accused Nos.1, 3 and 4, if any, shall stand cancelled.

5) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J 28.07.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

Date:28.07.2015 knl