Smt. Sripada Padmavathi v. The Sho,
THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Crl.P.M.P.Nos.1103/2015, 1097/2015 & (SR)No.4014/2015 and Crl.P. No. 9841 of 2013, 10538 of 2013 and (SR) No.3636 of Common Order:
The defacto complainant and her counsel Sri T.R.Koteswara Rao are present. A.1 (Crl.P(SR) No.3636 of 2015), A.2 & A.3 (Crl.P.No.10538 of 2013) and A.4 & A.5 (Crl.P.No.9841 of 2013) and their counsel Sri Ch.Venkat Raman are present. Heard both sides and perused the petition.
On the complaint given by the defacto complainant, the Police of K.P.H.B. Colony P.S, Cyberabad registered FIR No.897 of 2013 under Section 498-A IPC against accused on the allegations that the marriage between the defacto complainant and A.1 held on 15.02.2013 and within short time thereafter all the accused harassed her physically and mentally for additional dowry of Rs.10 lakhs. Investigation is reported to be pending. While-so, now the parties submit that at the intervention of elders, they have amicably settled their disputes and the defacto complainant and A.1 proposed to obtain divorce and in fact they have already filed Divorce O.P.No.188 of 2015 before the Judge, Family Court, Ranga Reddy District which is pending and the maintenance claim of the defacto complainant was also settled as per which the A.1 agreed to pay her Rs.4 Lakhs towards full and final settlement of her claim and the said amount will be paid
through D.D.No.310325 dated 19.01.2015 drawn on Andhra Bank, to her at the time of obtaining decree of divorce and sofaras the present criminal proceedings are concerned, the defacto complainant has no objection for quashment of the proceedings and in view of the above amicable settlement, the Court may be pleased to accord permission and compound the offence and quash the proceedings in FIR No.897 of 2013 on the file of K.P.H.B. Colony P.S, Cyberabad in the interest of justice. Having regard to the above said submission and in view of the matter being a matrimonial dispute which was amicably settled by the parties and considering that no useful purpose will be served even if the investigation is allowed to be continued and following the decision of Apex Court reported in Gian Singh vs.
State of Punjab and another[1], this petition is allowed and permission is accorded and compromise is recorded in terms of the accompanying memorandum of compromise and consequently the proceedings in FIR No.897 of 2013 on the file of K.P.H.B. Colony P.S, Cyberabad are hereby quashed. In the result, both the petitions are accordingly allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J Date: 12-02-2015 scs
[1] (2012) 10 SCC 303