Petitioners/Accused Nos.1, 4 to 6 sought quashing of proceedings in C.C.No.5 of 2022 under Sections 498A, 323, 506 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act following an amicable settlement with the de facto complainant, who confirmed the voluntary compromise in Court.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
lA NOS. 2 TO 4 OF 2024
IN/AND
CRIMINAL PETITION NOS: 6063 OF 2024
Between:
...Petitioners/Accused Nos.1,4 to 6
AND
...Respondent/De-facto Complainant
Petition under Section 482 of Cr.P.C and Under Section 528 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioners/Accused Nos.1, 4 to 6 in C.C.No.5 of 2022 on the file of the Judicial Magistrate of First Class, Filer, Chittoor District. I.A. NO: 2 OF 2024 Petition under Section 320 (6) of Cr.P.C and Under Section 359(6) of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner/respondent No.1 to compound the offences with the respondents/petitioners/ A.1, A.4 to A.6 herein by allowing the Criminal Petition filed by the petitioners against C.C.No.5 of 2022 on the file of the Judicial Magistrate of First Class, Filer, ChittoorDistrict.
I.A. NO: 3 OF 2024
Petition under Section 320(2) of Cr.P.C and Under Section 359(2) of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner/de-facto complainant to compromise the case with the
petitioners/accused No.A.1, A.4 to A.6 and the proceedings against the petitioners/accused no.A.1, A.4 to A.6 may be quashed in C.C.No.5 of 2022 on the file of the Judicial Magistrate of First Class Filer, Chittoor District.
i-A. NO: 4 OF 2n9A
Petition under Section 482 of Cr.P.C and Under Section 528 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be to stay all further proceedings against the petitioners/accused Nos.1, 4 to 6 in C.C.No.5 of 2022 on the file of the Judicial Magistrate of First Class, Filer, Chittoor District.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Subramanyam Daraboina, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.2,
The Court made the following:
APHC010377942024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3368]
MONDAY ,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 6063/2024
Between:
Sankrathi Madhu Kumar and Others
...PETITIONER/ACCUSED(S)
AND
Sankranthi Aruna Sree ...RESPONDENT/COMPLAINANT(S) and Others
Counsel for the Petitioner/accused(S): 1.SUBRAMANYAM DARABOINA
Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR
The Court made the following:
COMMON ORDFR-
lA Nos.2 to 4 of 2024 in/and Criminal Petition No:6063 of 2024
This Criminal Petition, under Section 482 of Cr.P.C. (Section 528 of B.N.S.S.) has been filed on behalf of the petitioners herein/Accused Nos.1 4 to 6, to quash the proceedings in C.C.No.5 of 2022, on the file of Judicial Magistrate of First Class, Filer, Chittoor District, which was registered for the
2
offences punishable under Sections 498A, 323 and 506readwith 34 IPC and Sections 3 and 4 of the Dowry ProhibitionAct of Crime No.382 of 2021 of Rompicherla Police Station.
- Heard learned counsel for the petitioners and learned counsel representing for the unofficial respondent No.1 (c/e factocomplainant) and learned Assistant Public Prosecutor representing the State present.
- Today, when the ' matter is taken up, petitioners herein/Accused Nos.1, 4 to 6 and respondent herein are present before this Court. They produced their respectiveaadhar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for respondent have identifiedboth the parties in the open Court.
- This Court has questioned respondent herein/c/e facto complainant with regard to compromise, and he categorically stated to that extent that he has voluntarily entered into compromise with the petitioners herein/Accused Nos.1, 4 to 6. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak.
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- Accordingly, I.A.Nos.2 to 4 of 2024 and Criminal Petition No.6063 of 2024 are allowed.
As a sequel thereto, the miscellaneous petitions, if any
pending in this Criminal Petition shall stand closed.
T 2012(9) Scale 257
SD/- A VENUGOPALA RAO ASSISTANT REGISTRAR
//TRUE COPY//
SEdnOfTOFFICER
To,
PR sree
(Enclosing With Joint Memo)
HIGH COURT
DATED:09/09/2024
COMMON ORDER
lA Nos.2 to 4 of 2024 in/and CRL.P.6063 of 2024
ALLOWING THE lA Nos.2 to 4 of 2024 IN CRLP
JOINTMEMO
It is submitted that the petitioner/respondent No.1 hereinfiled the present joint Memo to compound the offences asagainstthe Petitioners/Accused No.A.1, A.4 to A,6 as the matter is settled out of court amicably in view of the fact that the petitioner.
For the reasons stated above, it is prayed that thisHonble Court may be pleased to permit the petitioner/respondent No.l herein to compound the offence with the RespondentsNo.A.1,A.4 TO A.6 herein by allowing the to A.6 /Petitioners No. A.1, A.4 Criminal Petition filed by the Petitioner and proceedingsagainst the file of the Judicial them may be quashed in C.C.No. 5 of 2022 on such other order or orders Magistrate of First Class, Filer, and pass as this Hon'ble Court may deem fit and proper in thecircumstances of the case.
Amaravati Counsel for the PetitTonefs/ A.1, A.4 to A.6 Dated;28.08.2024
londent No.1 Counsel for the pttilion^. De-facto-'^domplainant
Petitioner/Accused No. A.1, A.4 TO A.6 /
f L'
1. 2 3.
Ow- I
1 issue framed by the court
Whether proceedings in C.C.No.5 of 2022 for offences under Sections 498A, 323 and 506 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act should be quashed on the basis of a compromise
Colour shows how this judgement treated each authority
Gian Singh Vs. State of Punjab & anotherFollowed¶5
2012(9) Scale 257
7 provisions across 4 enactments
Sankrathi Madhu Kumar
Sankranthi Markondaia
S.Saradha
S.Dilli Prasad
Sankranthi Aruna Sree
The State of Andhra Pradesh
B V L N Chakravarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
