Criminal petition filed under Section 482 CrPC to quash criminal proceedings. Petitioner and accused settled amicably with cash and demand drafts. Court quashed the case citing matrimonial nature and settlement, allowing the petition.
Proceedings in C.C.No.489 of 2009 are quashed. Criminal petition allowed.
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HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.1382 of 2013
Date: 20.02.2013
Between:
Hajra Farhath @ Hjra
…Petitioner/De facto
Complainant
And
Tariq Fareed Khan and others
…Respondents
HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.1382 of 2013
ORDER:
This criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No.489 of 2009 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad.
I have heard the learned counsel appearing for the petitioner, the respondents 1 to 5 and the learned Additional Public Prosecutor representing the State.
The petitioner/de facto complainant and the respondents/accused were present
The petitioner/de facto complainant filed a complaint before the XIII Additional Chief Metropolitan Magistrate, Hyderabad against the respondents/accused and the said case was forwarded by the learned Magistrate to the Women’s Police Station, CCS, Hyderabad for investigation. Basing on the said complaint, a case in Crime No.05 of 2007, Women’s Police Station, CCS, Hyderabad was registered under Sections 498-A, 420, 384 of the Indian Penal Code and Sections 4 and 6 of the Dowry Prohibition Act. After investigation into the offences alleged, the police filed charge sheet against the respondents/accused and now the case is pending as C.C.No.489 of 2009 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad.
The de facto complainant and the accused, who are present before the Court stated that they entered into a compromise and settled the matter amicably. The de facto complainant also filed an affidavit
stating that there was an amicable settlement between them and she has no objection to quash the case. She stated before the Court that in lieu of compromise she received cash of Rs.10 lakhs and demand draft for a sum of Rs.10 lakhs from the first respondent/A1.
Keeping in view that the offence is matrimonial one and in view of the fact that there was amicable settlement between the parties, this Court considers that no useful purpose would be served in keeping the case pending before the learned Magistrate for trial. Therefore the entire proceedings in C.C.No.489 of 2009 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad therefore, are hereby quashed. The criminal petition is allowed.
________________ R.KANTHA RAO,J
Date: 20.02.2013 kvrm
HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.1382 of 2013
Date: 20.02.2013
2 issues framed by the court
Whether the proceedings in C.C.No.489 of 2009 should be quashed under Section 482 CrPC due to an amicable settlement.
Whether a quashing order is appropriate in matrimonial offences involving Sections 498-A IPC and Dowry Prohibition Act upon settlement.
1 provisions across 1 enactments
Hajra Farhath @ Hjra
Tariq Fareed Khan
others
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
