Petitions filed to quash criminal proceedings under 498-A IPC and Dowry Prohibition Act were allowed after the complainant reported a settlement with her husband, stated they were living together, and expressed no objection to quashing the case.
All three petitions were allowed and criminal proceedings Cr.No. 38 of 2010 were quashed.
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.
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NOs.1756, 1763 & 6358 OF 2010
COMMON ORDER:
1 On the basis of the reports given by the second respondent in all the cases herein the Station House Officer, Sarpavaram P.S. Kakinada, East Godavari District registered a case in Cr.No.38 of 2010 for the offences punishable under section 498-A r/w 34 of IPC and under sections 3 and 4 of Dowry Prohibition Act against the petitioners in all the cases herein who are her husband, in-laws and distant relatives. The same are questioned in these three petitions.
2 It, appears, during the pendency of the present proceedings, due to intervention of the elders on both sides, there was a settlement between the parties and the wife who is arrayed as second respondent joined the company of her husband i.e. petitioner in Crl.P.No.1763 of 2010.
3 Today parties are present. When questioned the second respondent -complainant stated she and her husband are living together and hence she is not interested in getting the matter prosecuted and that she has no objection if the said proceedings against the petitioners are quashed.
4 In the light of the said submissions made by the de facto complainant herself that she is not interested in getting the matter prosecuted, this court is of the opinion that the said proceedings pending against the petitioners can be quashed.
5 Accordingly, all these Petitions are allowed and the proceedings in Cr.No.38 of 2010 on the file of the Station House Officer, Sarpavaram P.S. Kakinada, East Godavari District registered for the offences punishable under sections 3 and 4 of Dowry Prohibition Act against the petitioners in all the cases are hereby quashed.
Kvsn
21.01.2011
3 issues framed by the court
Whether proceedings under sections 498-A IPC and sections 3 and 4 of Dowry Prohibition Act can be quashed upon settlement and the complainant's desire to stop prosecution.
Whether the objection of the parties can be summarily adjudicated in light of their settlement.
Whether the pending criminal proceedings should be allowed to be quashed based on the intervention of elders and return to marital life.
2 provisions across 2 enactments
Petitioners
Wife/Second Respondent
Justice Gopala Krishna Tamada
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
