This common order quashes two criminal petitions filed to terminate investigation under Section 482 CrPC. The court held that since the parties settled the matter amicably, no useful purpose would be served in keeping the case pending, and the FIR was accordingly quashed.
The investigation in FIR No. 250 of 2009 is quashed and both criminal petitions are allowed.
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.
HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.371 and 546 of 2010
Date: 28.02.2013
| CRL.P.NO.371 OF 2010 | |
|---|---|
| Between: | |
| Abdul Azeem and others | …Petitioners |
| And | |
| Abeeba Shabnam and another |
…Respondents |
| CRL.P.NO.546 OF 2010 | |
| Ms Sameena Begum And |
.. Petitioner/A3 |
| Abeeba Shabnam and another | .. Respondents |
HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.371 and 546 of 2010
COMMON ORDER:
These two criminal petitions are filed under Section 482 of the Code of Criminal Procedure to quash the investigation in FIR No.250 of 2009 of Women Police Station, South Zone, Hyderabad.
I have heard the learned counsel appearing petitioners in both the cases and the learned counsel appearing for the respondent No.1/de facto complainant in both the cases and the learned Additional Public Prosecutor representing the State.
On the report lodged by the second respondent/de facto complainant a case in Crime No.250 of 2009 was registered under Sections 498-A IPC and 6 of the Dowry Prohibition Act before the Women Police Station, South Zone, Hyderabad.
The de facto complainant and the accused are present and stated that they settled the matter amicably at the intervention of the elders and the proceedings in FIR can be quashed.
Considering the nature of the offence and as the parties amicably settled the matter, I am of the view that no useful purpose would be served in keeping the cases pending. Therefore, to secure the ends of justice, I am of the view that the FIR can be quashed.
Consequently, the investigation in FIR No.250 of 2009 of Women
Police Station, South Zone, Hyderabad is hereby quashed and both the criminal petitions are allowed.
________________ R.KANTHA RAO,J
Date: 28.02.2013 kvrm
HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.371 and 546 of 2010
Date: 28.02.2013
1 issue framed by the court
Whether an FIR under Sections 498-A IPC and Dowry Prohibition Act should be quashed upon amicable settlement between parties?
1 provisions across 1 enactments
Abdul Azeem and others
Abeeba Shabnam and another
Ms Sameena Begum
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
