Quashed matrimonial criminal proceedings (C.C.No.176/2011) after the complainant affirmed an out-of-court settlement, citing undue hardship and lack of useful purpose in continuation.
Quashed proceedings in C.C.No.176 of 2011 filed before I Additional Judicial First Class Magistrate, Tenali.
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HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.13045 of 2011
Date: 15.03.2013
Between: Dontha Hima Bindu and others And
…Petitioners
The State of A.P. and another
…Respondents
HON’BLE SRI JUSTIE R. KANTHA RAO
CRIMINAL PETITION No.13045 of 2011
ORDER:
This criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No.176 of 2011 on the file of the I Additional Judicial First Class Magistrate, Tenali, Guntur District.
I have heard the learned counsel appearing for the petitioners, learned counsel appearing for the de facto complainant/second respondent, and the learned Additional Public Prosecutor representing the State.
The de facto complainant/second respondent and the accused/petitioners are present. Basing on the report lodged by the de fa c to complainant, the police, Tenali III-Town, Guntur District registered a case in Crime No.145 of 2010 under Section 494, 496 r/w 34 of IPC and filed charge sheet into the Court.
Now, the de facto complainant/second respondent, who is present in the Court, stated that she and the petitioners with the intervention of the elders and well-wishers have amicably settled the matter out side the Court and she also filed an affidavit into the Court to that effect.
The offence is a matrimonial offence which seems to have arisen out of the trivial cause and the parties amicably settled the matter outside the Court and decided to live happily in their respective houses, if the proceedings are allowed to be continued, they would cause undue hardship and inconvenience to the parties and may not serve any useful purpose. Therefore, I am of the considered view that to meet the requirement of justice, the proceedings in the case are liable to be quashed.
Consequently, the proceedings in C.C.No.176 of 2011 on the file of the I Additional Judicial First Class Magistrate, Tenali, Guntur District are hereby quashed and the criminal petition is allowed. The miscellaneous petitions, if any, filed in this petition shall stand closed.
________________ R.KANTHA RAO,J
Date: 15.03.2013 kvrm
HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.13045 of 2011
Date: 15.03.2013
1 issue framed by the court
Whether matrimonial criminal proceedings registered under Section 494, 496 IPC should be quashed due to amicable settlement between parties.
Dontha Hima Bindu and others
The State of A.P.
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
