Allowed

J.Lavanya Devi v. J.Ramakrishna Shankar Rakesh

Telangana HC30 Mar 2011CRLP/2871/2011

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR under Sections 498A and 307 IPC. Court observed that parties had compromised outside the Court. Exercising powers under Section 482 CrPC to prevent abuse of process, Court quashed criminal proceedings.

What did the court decide?

Further proceedings against the accused in crime No.123 of 2011 of Osmania University Police Station are quashed.

J.Lavanya Devi Vs J.Ramakrishna Shankar Rakesh — Matrimonial and Divorce | Telangana HC (2011)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CRIMINAL PETITION No.2871 OF 2011

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DATED 30^th MARCH, 2011.

BETWEEN :

J.Lavanya Devi

.. Petitioner

and

J.Ramakrishna Shankar Rakesh & others

¶9

..Respondents

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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2871 OF 2011

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ORDER:

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Petitioner-de facto complainant approaches this Court with a prayer to quash the F.I.R. in crime No.123 of 2011 of Osmania University Police Station registered for the offence punishable under Sections 498A and 307 of Indian Penal Code.

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Heard.

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Today, when the matter is taken up for hearing, petitionercomplainant is present before this Court, she has been identified by her counsel and she also filed copy of passport in support of her identity. She submitted that she entered into compromise with the accused at the intervention of the elders and an affidavit duly signed by her narrating the mode of compromise is also filed in this Criminal Petition along with a copy of Memorandum of Understanding entered between the parties. Further, she reiterated that she has no objection to quash the proceedings against the respondents-accused.

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This Court perused the entire material on record and also the affidavit of the complainant.

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Even though the offences alleged against the accused are noncompoundable in nature, in view of the fact that the parties have

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compromised the matter outside the Court, this Court is of the view that any continuation of the criminal proceedings would serve no purpose and in view of the guidelines laid down by Hon’ble Supreme Court by exercising inherent powers under Section 482 of the Code of Criminal Procedure the further proceedings against the accused can be quashed by this Court.

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Therefore, Criminal Petition is allowed and the further proceedings against the accused in crime No.123 of 2011 of Osmania University Police Station are hereby quashed. The affidavit of the petitioner-complainant be made as part of this order.

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Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed.

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________________________ JUSTICE RAJA ELANGO

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Dated : 30.03.2011 sur

J.Lavanya Devi v. J.Ramakrishna Shankar Rakesh

Case brief

What is this about?

What did the court decide?

J.Lavanya Devi v. J.Ramakrishna Shankar Rakesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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