This judgment quashes an FIR registered under Section 498-A IPC and Dowry Prohibition Act, allowing the criminal petition since the complainant and first accused are now living amicably.
FIR in Crime No.105 of 2009 of Nizamabad Police Station Rural is hereby quashed.
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HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.4709 of 2009
Date: 20.02.2013
Between: M.A.Faheem and others …Petitioners/Accused And The State of A.P. and another …Respondents
HON’BLE SRI JUSTICE R. KANTHA RAO
CRIMINAL PETITION No.4709 of 2009
ORDER:
This criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the FIR in Crime No.105 of 2009 of Police Station Rural, Nizamabad.
I have heard the learned counsel appearing for the petitioners/A1 and A10, respondent No.2/de facto complainant and the learned Additional Public Prosecutor.
The petitioner/accused and the de facto complainant are present. The de facto complainant lodged a report with the police alleging cruelty and harassment and demand of dowry by the petitioners. Basing on her report, the Station House Officer, Nizamabad Rural Police Station registered a case in Crime No.105 of 2009 under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. Now the de facto complainant filed an affidavit before this Court and also stated that there was an amicable settlement between her and the petitioners and she has been leading conjugal life happily with her husband, the first petitioner.
Considering the nature of the offence and more particularly, the fact that the de facto complainant and the first accused have been leading conjugal life amicably, I am of the view that keeping the FIR pending on the file of Nizamabad Rural Police Station will cause undue hardship to the parties and the FIR is liable to be quashed to prevent the abuse of process of law and to secure the ends of justice.
Consequently, the FIR in Crime No.105 of 2009 of Nizamabad Police Station Rural is 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.4709 of 2009
Date: 20.02.2013
2 issues framed by the court
Whether the FIR registering offences under Section 498-A IPC and Dowry Prohibition Act lies to be quashed on account of amicable settlement.
Whether keeping the FIR pending will cause undue hardship to the parties.
1 provisions across 1 enactments
M.A.Faheem and others
State of A.P.
R. Kantha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
