Court allowed quashing of criminal proceedings under Section 498-A, 506, 307 IPC and Dowry Prohibition Act due to amicable settlement and withdrawal of allegations, finding no undue hardship.
Criminal petitions allowed; proceedings in C.C.No.439 of 2010 quashed.
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 HONOURABLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.4742 of 2010 and CRIMINAL PETITION No.5319 of 2013
COMMON ORDER:
I have heard the learned counsel appearing for the petitioners – accused in both the criminal petitions and the second respondent – de facto complainant and the learned Additional Public Prosecutor representing the State.
On 26.02.2010, the second respondent filed a private complaint in the Court of Judicial Magistrate of the First Class, Ananthapur, which was forwarded by the learned Magistrate to the police for investigation. On receiving the same, the police registered a case in Crime No.10 of 2010 under Sections 498-A, 506 and 307 IPC and under Sections 3 and 4 of the Dowry Prohibition Act against the petitioners. The police after completing investigation filed a charge sheet and now the case is pending in C.C.No.439 of 2010 on the file of the Judicial Magistrate of First Class, Ananthapur.
The second respondent – de facto complainant filed an affidavit into the Court stating that subsequent to the filing of the charge sheet there was amicable settlement between the parties at the intervention of elders and in pursuance thereof, she is withdrawing all the allegations made against the petitioners – accused in both the criminal petitions. She also stated that she has no objection to quash the proceedings in both the criminal petitions.
Since the offence alleged is not of serious nature and also in view of the fact that continuation of trial before the trial Court will cause undue hardship and inconvenience to the parties, I am of the view that the criminal case can be quashed to meet the requirements of justice.
For the foregoing reasons, the entire proceedings in C.C.No.439 of 2010 on the file of the Judicial Magistrate of the First Class, Ananthapur, are quashed.
Both the Criminal Petitions are accordingly allowed.
R. KANTHA RAO, J.
21-02-2013 Rns
3 issues framed by the court
Whether criminal proceedings can be quashed upon amicable settlement and withdrawal of allegations.
Whether continuation of trial would cause undue hardship to parties.
Whether serious nature of offence precludes quashing in case of settlement.
Petitioners – Accused
Second Respondent – De Facto Complainant
State
R. KANTHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
