Allowed

Mohd. Abdul Sammi, v. The State of Andhra Pradesh

Telangana HC21 Mar 2013CRLP/2374/2013

Case brief

AI extract

What is this about?

Criminal petitioner sought quashing of proceedings under Section 482 Cr.P.C. The High Court quashed the entire criminal proceedings as the parties had amicably settled the matrimonial dispute, receiving settlement money, and continuing investigation would serve no useful purpose.

What did the court decide?

The entire proceedings in Crime No.135 of 2013 were quashed and the criminal petition was allowed.

Mohd. Abdul Sammi, Vs The State of Andhra Pradesh — Telangana HC (2013) — LawSathi Research

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HON’BLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL PETITION No.2374 of 2013

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Date: 21.03.2013

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Between: Mohd Abdul Sammi …Petitioner And The State of A.P. and another …Respondents

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HON’BLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL PETITION No.2374 of 2013

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ORDER:

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This criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the entire proceedings in Crime No.135 of 2013 of Police Station, Chilkalguda, Secunderabad pending on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad.

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I have heard the learned counsel appearing for the petitioner, respondent No.2 and the learned Additional Public Prosecutor representing the State.

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The de facto complainant and the petitioner are present. It is submitted that during the pendency of the above case, the second respondent/de facto complainant at the intervention of elders, relatives and well-wishers amicably settled the dispute with the petitioner/accused and entered into matrimonial settlement deed, dated 11.03.2013 and she also filed a copy of the said deed. She also stated that she received Rs.20 lakhs towards full and final settlement

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When the parties amicably settled the matter, if the investigation is allowed to continue, it 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 case is liable to be quashed, in exercise of powers under Section 482 of the Code of Criminal Procedure.

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Consequently, the entire proceedings in Crime No.135 of 2013 of Police Station, Chilkalguda, Secunderabad pending on the file of the X Additional Chief Metropolitan Magistrate,

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Secunderabad are hereby quashed and the criminal petition is allowed. The miscellaneous petitions, if any, filed in this petition shall stand closed.

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________________ R.KANTHA RAO,J

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Date: 21.03.2013 kvrm

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HON’BLE SRI JUSTICE R. KANTHA RAO

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CRIMINAL PETITION No.2374 of 2013

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Date: 21.03.2013

Mohd. Abdul Sammi, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Mohd. Abdul Sammi, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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