On the complainant's statement of out-of-court settlement and divorce, this Court quashed the criminal proceedings pursuant to Section 482 Cr.P.C., thereby acquitting the petitioners.
Proceedings in C.C.No.248 of 2009 quashed pursuant to Section 482 Cr.P.C.; petitioners acquitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON'BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.6003 of 2009
ORDER:
This criminal petition is filed by the petitioners-accused Nos.2 to 5, under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.248 of 2009 on the file of the Judicial Magistrate of First Class, Karimnagar, taken on file for the offences punishable under Sections 498-A of IPC and 4 of the Dowry Prohibition Act.
When the matter is taken up for hearing today, it is submitted by the learned counsel for the petitioners that during pendency of the Criminal Petition, at the intervention of elders and well wishers, both the parties compromised the matter out of Court and, therefore, he prayed to quash the proceedings against the petitioners.
The petitioners and the de facto complainant, 2nd respondent herein, are present before this Court and produced their identities and the same are verified by the learned Addl. Public Prosecutor. The 2nd respondent stated that on the advice of elders and well-wishers, himself and the petitioners have compromised the matter out of Court. She further stated that even though her husband-accused No.1 has not filed any petition seeking to quash the proceedings against him, she does not want to proceed against him since she obtained divorce. Therefore, she intends to withdraw the criminal proceedings pending against the petitioners as well as her husband-accused No.1 with free will and consent and there is no coercion or undue influence from any other side for the same. She also filed an affidavit narrating the compromise.
The learned Addl. Public Prosecutor submitted that there is no objection to quash the proceedings inasmuch as both the parties
settled the matter amicably.
In the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against the petitioners would serve no purpose and invoking the provisions under Section 482 Cr.P.C. the proceedings in the calendar case can be quashed by compounding the offence.
Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.248 of 2009 on the file of the Judicial Magistrate of First Class at Karimnagar are hereby quashed and, consequently, the accused are acquitted of the offences. The affidavit of the 2nd respondent filed into Court be made as part of this order.
Miscellaneous Petitions, if any, filed along with the criminal petition shall stand closed.
__________________ RAJA ELANGO, J
1st December, 2011 cbs
HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.6003 of 2011 (Allowed)
1st December, 2011
cbs
1 issue framed by the court
Whether the criminal proceedings under Sections 498-A IPC and Dowry Prohibition Act can be quashed upon out-of-court compromise and divorce.
1 provisions across 1 enactments
Accused Nos. 2 to 5
Accused No. 1
Complainant (2nd respondent)
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
