The Court allowed a petition to quash criminal proceedings after the petitioner deposited Rs.5 lakhs and the parties filed a joint memo indicating out-of-court settlement and prayer to compound the offences under Section 482 Cr.P.C.
Proceedings in C.C. No.311 of 2012 are quashed; offences are compounded; bail bonds cancelled.
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.
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
Crl.P.M.P No.10430 of 2015
IN/ AND
Crl.P. No.10435 of 2015
COMMON ORDER :
This Criminal Petition is filed by the petitioner/ accused No.1 under Section 482 Cr.P.C seeking to quash the proceedings in C.C. No.311 of 2012 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, where the learned Magistrate has taken cognizance for the offences punishable under Sections 498-A, 420, 406 IPC and Sections 4 & 6 of Dowry Prohibition Act, 1961 outcome of report of 2nd respondent/ de facto complainant in Crime No.284 of 2009 of
Women Police Station, CCS, Hyderabad against accused Nos.1 to 6, who are no other than husband, parents-in-law, brothers-in-law and sister-in-law of de facto complainant respectively.
2) Pending disposal of the Criminal Petition, the 2nd respondent —de facto complainant and petitioner/ accused No.1 are present, the petitioner/ accused No.1 handed over the DD vide No.510584, dated 07.09.2015 for an amount of Rs.5 lakhs to the de facto complainant in the open Court and a copy DD is enclosed herewith. Further both the parties filed a joint memo in Crl.P.M.P. No.10430 of 2015 with memorandum of compromise and affidavit of de facto complainant stating that they have settled the matter out of Court at the intervention of elders and thereby, sought permission to compound the offences.
3) Perused.
4) Having regard to the above, to sub-serve the ends of justice by invoking Section 482 Cr.P.C, permission is accorded, the Crl.P.M.P. No.10430 of 2015 is ordered and the offences supra are
compounded.
5) Consequently, the Criminal Petition is allowed and all the proceedings relating to C.C. No.311 of 2012 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, is quashed. The bail bonds of the petitioner/ accused No.1, if any, shall stand cancelled.
6) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.
Dr. B. SIVA SANKARA RAO, J
06.10.2015
knl
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
Crl.P.M.P No.10430 of 2015
IN/ AND
Crl.P. No.10435 of 2015
knl
Date:06.10.2015
1 issue framed by the court
Whether to quash criminal proceedings for offences under Section 498-A IPC, Section 420 IPC, Section 406 IPC and Dowry Prohibition Act arising from matrimonial disputes.
1 provisions across 1 enactments
Petitioner/ Accused No.1
Dr. B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
