Chitarkula Eswaramma v. The State Of A.P.
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. Nos.9685 of 2014 and 6086 of 2015 COMMON ORDER :
Pending disposal of two Criminal Petitions i.e., Crl.P. No.9685 of 2014 and 6086 of 2015, to quash the proceedings of PRC Nos.610 of 2013 and 7 of 2014 on the file of V Additional Judicial First Class Magistrate, Rajahmundry, East Godavari District, filed by petitioners/ A1 to A3 respectively against 1st respondent state and 2nd respondent-de facto complainant, for the offences punishable under Sections 498-A, 306 r/w 116, 511, 34 IPC and Section 3 of D.P.Act.
2) The parties, who are accused Nos.1 to 3 as well as de facto complainant are present by filing an affidavit with petition seeking permission to compound the noncompoundable offences. The de facto complainant not filed affidavit but also stated that it is matrimonial dispute between her and her husband-1st accused, which was also settled by filing consent divorce O.P. No.60 of 2015 before the Judge, Family Court, Rajahmundry, East Godavari District, which is pending for final orders and the DVC No.62 of 2014 and M.C.No.9 of 2014 as well as Crime No.70 of 2013 of Women Police Station, Rajahmundry, are also pending, hence to accord permission for withdrawing the proceedings in PRC in the interest of her future.
3) Having regard to the above, though the offence
under Section 3 of D.P. Act is not compoundable under Section 320 Cr.P.C, to serve the ends of justice by invoking Section 482 Cr.P.C, it is appropriate to grant permission to compound. Permission is accorded pursuant to the joint memo.
4) Accordingly, the Criminal Petitions are allowed and all the proceedings relating to PRC Nos.610 of 2013 and 7 of 2014 on the file of the V Additional Judicial First Class Magistrate, Rajahmundry, East Godavari District, are quashed. The bail bonds of the petitioners/ accused Nos.1 to 3, if any, shall stand cancelled.
5) Miscellaneous petitions, if any pending, shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J 29.06.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. Nos.9685 of 2014 and 6086 of 2015
Date:29.06.2015 knl