Single judge quashed proceedings under Sections 498-A and 506 IPC in a second-hand cruelty case filed by the wife against her husband and others, noting an amicable settlement and payment of compensation by the accused.
FIR in Crime No.291 of 2012 quashed; criminal petition allowed; other pending petitions closed.
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 HON’BLE MR JUSTICE R. KANTHA RAO
Crl.P.No.1405 of 2013
Date:20.02.2013
Between:
Mohd. Afzal and four others
…Petitioners/accused
And
The State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad and another
….Respondents
THE HON’BLE MR JUSTICE R. KANTHA RAO
Crl.P.No.1405 of 2013
ORDER:
This criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.291 of 2012 on the file of the Women Police Station, South Zone, Hyderabad.
I have heard the learned counsel appearing for the petitioners/accused, the learned counsel appearing for the second respondent and the learned Additional Public Prosecutor representing the State.
Basing on the report lodged by the second respondent-de facto complainant, the Station House Officer, Women Police Station, South Zone, Hyderabad registered a case in Cr.No.291 of 2012 under Sections 498-A and 506 IPC.
Subsequent to the registration of the F.I.R., there is amicable settlement between the parties and the first petitioner/accused No.1 paid an amount of Rs.3 lakhs to the second respondent-de facto complainant. The de facto complainant who is present in the Court stated that there is a compromise between her and the petitioners and the F.I.R. can be quashed. She and the petitioners-accused jointly filed a petition reporting compromise and seeking to quash the F.I.R.
Considering the nature of the offence and the fact that there was amicable settlement between the parties, I am of the view that no useful purpose would be served by keeping the F.I.R. pending on
the file of the Women Police Station, South Zone, Hyderabad. To meet the ends of justice, I deem it proper to quash the F.I.R. Consequently, the F.I.R. in Crime No.291 of 2012 on the file of the Women Police Station, South Zone, Hyderabad is hereby quashed and the criminal petition is allowed. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
________________ R. KANTHA RAO, J
Date:20.02.2013 CCM
THE HON’BLE MR JUSTICE R. KANTHA RAO
Crl.P.No.1405 of 2013
Date:20.02.2013
2 issues framed by the court
Whether the criminal proceedings for offence under Sections 498-A and 506 IPC can be quashed upon the filing of a compromise petition by the parties.
Whether keeping the First Information Report pending serves any useful purpose given the amicable settlement between the parties.
2 provisions across 2 enactments
Mohd. Afzal and four others
The State of A.P. rep. by Public Prosecutor
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
