Allowed

Karre Samrajyam v. State of Andhra Pradesh

Telangana HC12 Apr 2012CRLP/8755/2011

Case brief

AI extract

What is this about?

The court disposed of two criminal petitions filed under Section 482 Cr.P.C. to quash FIRs and proceedings related to dowry, abduction, and cruelty. After hearing, the court found that disputes had been amicably settled and no objection existed from the complainant. Section 363 IPC was held inapplicable. Proceedings were quashed.

What did the court decide?

Quashing of proceedings in Calender Case No.216 of 2011 and Crime No.30 of 2011 against the petitioners.

Karre Samrajyam Vs State of Andhra Pradesh — Dowry and Cruelty | Telangana HC (2012)

¶1

THE HON'BLE SRI JUSTICE K.C.BHANU

¶2

CRIMINAL PETITION Nos. 8755 AND 9481 OF 2011

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COMMON ORDER:

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Since the petitioner in Criminal Petition No.9481 of 2011 and the Petitioners in Criminal Petition No.8755 of 2011 are shown as A-1 and A-2 to A-6 in the same Crime No.30 of 2011 of Kamanpur police station, Karimnagar District, both these petitioner are disposed of by way of this common order.

¶5

The Criminal Petition No.8755 of 2011 is filed by the Petitioners/A-2 to A-6 under Section 482 Cr.P.C., seeking to quash the proceedings in Calender Case No.216 of 2011, on the file of the Court of Judicial Magistrate of First Class, Manthani, Karimnagar District, taken on file for the offences punishable under Sections 498-A, 363 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 and the Criminal Petition No.9481 of 2011 is filed by the Petitioner/A-1 under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.30 of 2011 of Kamanpur police station, Karimnagar District registered for offences punishable under Sections 498-A and Sections 3 and 4 of Dowry Prohibition Act, 1961. After completion of investigation, police filed the charge sheet duly including Section 363 IPC.

¶6

The Petitioners/A-1 to A-6 and the second respondent/de-facto complainant are present in the Court today. They are identified by their respective counsel. The de-facto complainant produced her identity card, issued by the Election Commission of India, 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 the impugned proceedings.

¶7

The offence punishable under Section 363 IPC has no application in view of the fact that the father can be said to be a natural guardian for the minor daughter. Therefore, prima-facie the offence under Section 363 IPC has no application to the facts of the case.

¶8

In view of the fact that the disputes between the parties have been amicably settled, and the parties have compromised the matter, continuation of the impugned proceedings is nothing but abuse of process of court, and hence, there are no impediments in quashing the proceedings.

¶9

Accordingly, both the Criminal Petitions are allowed, quashing the proceedings initiated against the Petitioners/A-2 to A-6 in Calender case No.216 of 2011 on the file of Judicial Magistrate of First Class, Manthani, Karimnagar District and against the Petitioner/A-1 in Crime No.30 of 2011 on the file of Kamanpur police station, Karimnagar District.

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_________________ JUSTICE K. C. BHANU 12^th April, 2012 Dsh

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THE HON’BLE SRI JUSTICE K.C. BHANU

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164

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CRIMINAL PETITION Nos.8755 AND 9481 OF 2011

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April 12, 2012

¶15

DSH

Karre Samrajyam v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Karre Samrajyam v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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