Allowed

Dheeraj Dama v. the State of Andhra Pradesh

Andhra Pradesh HC18 Oct 2022CRLP/8060/2022

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.P.C. seeking quashment of proceedings in a dowry and Section 498-A case. Upon recording a voluntary joint compromise memo between the petitioners and the de facto complainant, the Court compounded the offences and quashed the criminal proceedings as futile.

What did the court decide?

Permission to compound offences recorded based on joint compromise memo, and C.C.No.1595 of 2019 proceedings quashed against the petitioners.

Dheeraj Dama Vs the State of Andhra Pradesh — Dowry and Cruelty | Andhra Pradesh HC (2022)

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IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI

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HON’BLE SRI JUSTICE NINALA JAYASURYA

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I.A.No.2 of 2022 IN/AND CRIMINAL PETITION No.8060 OF 2022

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1.Dheeraj Dama and Another … Petitioners

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Versus

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The State of Andhra Pradesh represented by its Public Prosecutor and another. … Respondents Counsel for the petitioners : Mr.Nuthalapati Krishna Murthy Counsel for R1 : The Assistant Public Prosecutor Counsel for R2 : Mr.K.Kanaka Raju

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ORDER :

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I.A.No.2 of 2022

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For the sake of convenience, the parties are referred to as arrayed in the Criminal Petition.

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This petition is filed under Section 320(8) r/w 482 of Code of Criminal Procedure Code (for short ‘Cr.P.C.’), seeking permission to record compromise, compound the offences and to quash the proceedings in C.C.No.1595 of 2019 on the file of the Court of Judicial Magistrate of First Class, Special Mobile Court, Nellore, Nellore District.

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The 2^nd respondent- de facto complainant lodged a complaint against the petitioners/A1 & A2 along with A3(died) before the Women Police Station, SPSR Nellore District, for the offences

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punishable under Sections 498-A of Indian Penal Code(for short ‘I.P.C.’) and Sections 3 and 4 of Dowry Prohibition Act and the said case vide C.C.No.1595 of 2019 referred above is now pending before the trial Court.

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The petitioners/A1 and A2 and the 2^nd respondent- de facto complainant are present and they are identified by their respective counsels and produced Photostat copies of Aadhar cards to prove their identity.

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A joint memo of compromise is filed by the parties, when terms of joint memo of compromise are explained in Telugu language, they are admitted to be true and correct. It is submitted that the petitioners/A1 and A2 and the 2^nd respondent- de facto complainant voluntarily entered into compromise, settled the matter outside the Court and that there are no disputes between both the parties.

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This Court had gone through the complaint lodged pursuant to which the case is registered, Joint Memo filed both the parties, wherein it is stated that in view of understanding between the two parties, the 1^st petitioner agreed to withdraw F.C.O.P.No.87/2019, G.W.O.P.No.19 of 2019 filed before the Family-cum-XV Additional Judge, Kukatpally, Rangareddy District and C.C.No.5601 of 2019 filed before the Additional Metropolitan Magistrate, Kukatpally-1, Rangareddy District, with a view to lead life along with his wife and son happily. As both parties settled the disputes outside the Court,

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it is felt that continuation of proceedings against the petitioners/A1 & A2 would be a futile exercise. In the light of the above mentioned facts and circumstances, it is deemed appropriate to compound the offence, in the interest of both the parties and continuation of criminal proceedings, is not warranted.

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As the compromise is voluntary, in the interest of both the parties, permission is granted to compound the offences. Accordingly, compromise is recorded in terms of the joint memo of both the parties filed along with the compromise petition and the petition is ordered.

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Crl.P.No.8060 of 2022

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In view of the orders passed by this Court in I.A.No.2 of 2022, this Criminal Petition is allowed by quashing the proceedings in C.C.No.1595 of 2019 on the file of the Court of Judicial Magistrate of First Class, Special Mobile Court, Nellore, Nellore District, against the petitioners/A1 and A2.

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Registry is directed to annex a copy of joint compromise memo to this order.

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Consequently, miscellaneous applications, pending if any, shall stand closed.

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_____________________ NINALA JAYASURYA, J

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Date : 18-10-2022. BLV

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HON’BLE SRI JUSTICE NINALA JAYASURYA

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I .A.No.2 of 2022 IN/AND CRIMINAL PETITION No.8060 OF 2022

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Dt: 18.10.2022

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BLV

Dheeraj Dama v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Dheeraj Dama v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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