Allowed

G.Rajeshwar, v. Smt. G.Lavanya

Telangana HC17 Feb 2012CRLP/1914/2012

Case brief

AI extract

What is this about?

The High Court allowed two criminal petitions filed under Section 482 Cr.P.C. to quash proceedings in a Domestic Violence case and a criminal complaint for dowry harassment. The court held that since the parties had amicably settled all disputes with the intervention of elders, quashing was warranted to prevent abuse of the court's process.

What did the court decide?

Quashing of proceedings in D.V.C. No. 25 of 2009 and C.C. No. 323 of 2011 against the petitioners.

G.Rajeshwar, Vs Smt. G.Lavanya — Dowry and Cruelty | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE K.C.BHANU

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CRIMINAL PETITION Nos. 2744 of 2010 and 1914 of 2012

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COMMON ORDER:

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Criminal Petition No.2744 of 2010 is filed under Section 482 Cr.P.C., seeking to quash the proceedings in DVC No.25 of 2009 on the file of IX-Addl. Chief Metropolitan Magistrate, Hyderabad; and Criminal Petition No.1914 of 2012 is filed for quashing the proceedings in C.C.No.323 of 2011, on the file of XIIIAddl. Chief Metropolitan Magistrate, at Nampally. Heard.

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Marriage of the 1^st petitioner with the 1^st respondent-defacto complainant took place on 16.02.1997. The 1^st petitioner filed OP No.1272 of 2009 against the 1^st respondent on the file of Additional Judge, Family Court, Hyderabad, seeking divorce; and the 1^st respondent filed DVC No.25 of 2009 (renumbered as DVC No.119 of 2010) against the 1^st petitioner and both the cases are pending. The 1^st respondent also filed a private complaint before the XIII-

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Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, against the petitioners and one Smt. Ch. Ramadevi, alleging harassment and cruelty and the said complaint was referred to Women Police Station, DD, CCS, Hyderabad, which was registered as Crime No.07 of 2010 and was investigated and charge sheet was filed, which was numbered as C.C.No.323 of 2011, and the same was taken on file for the offences punishable under Sections 498A, 406 r/w 34 IPC and Sections 4 & 6 of the Dowry Prohibition Act, 1961. While so, due to the intervention of elders, the petitioners and the defacto complainant entered into a Memorandum of Compromise dated 16.02.2012 and mutually agreed to withdraw all the cases filed by the parties against each other.

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The petitioners and the defacto complainant are present today. They are identified by their respective counsel. The defacto complainant produced her passport in proof of her identity, and stated that all the disputes between her and her husband and in-laws have been amicably settled due to the intervention of elders of both sides, and that she has no objection for quashing of proceedings in D.V.C.No.25 of 2009 and

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C.C.No.323 of 2011.

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In view of the fact that the disputes between the parties have been amicably settled, continuation of proceedings in the said D.V.C and C.C. is nothing but abuse of process of court, and hence, there is no impediment in quashing the proceedings in the said cases.

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Accordingly, the criminal petitions are allowed, quashing the proceedings against the petitioners herein, in D.V.C. No. 25 of 2009 on the file of IX-Addl. Chief Metropolitan Magistrate, Hyderabad, and C.C.No.323 of 2011, on the file of XIII-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

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___________________ JUSTICE K. C. BHANU

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17^th February, 2012 KSM

G.Rajeshwar, v. Smt. G.Lavanya

Case brief

What is this about?

What did the court decide?

G.Rajeshwar, v. Smt. G.Lavanya

Case brief

What is this about?

What did the court decide?

What the court decided

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