The court quashed criminal proceedings initiated for dowry-related offences due to a voluntary settlement and memorandum of understanding between the accused and the complainant, finding continuation would cause undue hardship.
The entire proceedings in C.C.No.130 of 2012 are 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 HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.1333 of 2013
ORDER:
This criminal petition is filed under Section 482 Cr.P.C. to quash the entire proceedings in C.C.No.130 of 2012 on the file of the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
I have heard the learned counsel appearing for the petitioners – accused and the learned counsel appearing for the second respondent – de facto complainant and the learned Additional Public Prosecutor representing the State.
The petitioners – accused and the mother of the de facto complainant are present.
Basing on a report lodged by P.Lakshmi Madhavi, who is the wife of the first accused on 04.02.2012 against the petitioners – accused in the woman police station, Basheerbagh, Hyderabad, a case in Crime No.68 of 2012 is registered under Sections 498-A and 406 IPC and 4 and 6 of the Dowry Prohibition Act. The police after investigating into the offences alleged filed the charge
sheet and now the case is pending as C.C.No.130 of 2012 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
Affidavit of the second respondent is filed today into the Court. According to which due to the intervention of elders and negotiations made by them, the parties amicably settled the matter on certain terms and conditions and the same was reduced into writing as Memorandum of Understanding and Settlement dated 18.02.2012. According to the said memorandum of understanding, the de facto complainant apart from other things compromised in the present case. She gave a general power of attorney in favour of her mother to do all necessary things before the court on her behalf. The mother of the second respondent, by name, Satyavani who is present in the Court stated that as per the said memorandum of understanding, her daughter agreed for quashing of the case.
Considering the submissions made by the mother of the second respondent and the learned counsel for the petitioners-accused, I am of the view that continuing the case any longer will not serve any purpose and more over
it will result in undue hardship and lot of inconvenience to the parties.
Considering the nature of the offences and the fact that there is voluntary settlement between the parties, I am of the considered view that it would be appropriate on the part of the Court to quash the criminal case to meet the requirements of justice.
For the aforesaid reasons, the entire proceedings in C.C.No.130 of 2012 on the file of the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are quashed.
The Criminal Petition is accordingly allowed.
_________________ R. KANTHA RAO, J.
21-02-2013 Rns
1 issue framed by the court
Whether the proceedings in the criminal case initiated under Sections 498-A IPC and 4 and 6 of the Dowry Prohibition Act should be quashed in light of the voluntary settlement between the parties.
1 provisions across 1 enactments
Petitioners – accused
Mother of the de facto complainant
No court named
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
