Bhudhavarapu Gopinath v. Meruva Swetha

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.1 1 7 1 4 of 2 0 1 8 & I A.No.1 of 2 0 1 8 ORDER:

I A.No.1 of 2 0 1 8 :

This application is filed requesting the Court to permit the petitioner and first respondent to compound the offence and record the compromise entered into by the parties and quash the proceedings against the petitioner in PRC.No.14 of 2016 on the file of the I Additional Judicial Magistrate of First Class, Proddatur. 2.

The counsel for the petitioner submits that initially a crime was registered for the offence under Section 498-A and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act but later Section 307 IPC was added and A2 and A3, against whom the case was split up, were acquitted of the said offence. She further submits that the offence under Section 307 is alleged only against A2 and A3. 3.

The parties, together, with their respective counsel, are present in the Court and on being specifically asked, both the parties confirm the terms of compromise as recorded in the affidavit of the first respondent appended to this application.

4.

The terms of the compromise show that with the intervention of elders and well wishers, the disputes between the parties were settled amicably and a compromise was reached, wherein it was agreed that a total sum of Rs.27,00,000/ - would be paid to the first respondent towards full and final settlement and the first respondent agreed to withdraw the cases filed against A2 and A3 and for divorce with the

petitioner. As per the compromise, the first respondent already received two instalments of Rs.9,00,000/ - each and has no objection to compound the offence and quash the proceedings against the petitioner in PRC.No.14 of 2016 on the file of the I Additional Judicial Magistrate of First Class, Magistrate. Since, I am satisfied that the aforesaid compromise is executed by the parties out of their free will and they confirm the terms thereof, when being specifically asked, there is no impediment in recording the said compromise. The application is accordingly allowed.

CRLP.No.1 1 7 1 4 of 2 0 1 8 :

In view of the above, the criminal petition is allowed and the further proceedings against the petitioner, who is A1, in PRC.No.14 of 2016 on the file of the I Additional Judicial Magistrate of First Class, Proddatur, are hereby quashed. As a sequel, the miscellaneous petitions, if any pending, shall stand closed. __________ T. RAJANI, J November 19, 2018 DSK