The High Court quashed criminal proceedings under Section 498-A IPC and the Dowry Prohibition Act following a joint compromise memo filed by the accused and the complainant, invoking Section 482 Cr.P.C to further the ends of justice.
Criminal petition allowed; compounding of offences permitted; proceedings quashed; bail bonds cancelled.
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HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
Crl.P.M.P No.10501 of 2015
IN/ AND
Crl.P. No.10493 of 2015
COMMON ORDER :
This Criminal Petition is filed by the petitioners/ accused Nos.1 and 2 under Section 482 Cr.P.C seeking to quash the proceedings in C.C. No.837 of 2014 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, where the learned Magistrate has taken cognizance for the offences punishable under Section 498- A IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961 outcome of report of 2nd respondent/ de facto complainant in Crime No.16 of 2013 of Women Police Station, Visakhapatnam City against accused Nos.1 and 2, who are no other than husband and mother-in-law of de facto complainant respectively.
2) Pending disposal of the Criminal Petition, the 2nd respondent —de facto complainant, petitioners/ accused Nos.1 and 2 are present and filed a joint memo in Crl.P.M.P. No.10501 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.10501 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.837 of 2014 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, is quashed. The bail
bonds of the petitioners/ accused Nos.1 and 2, 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.10501 of 2015
IN/ AND
Crl.P. No.10493 of 2015
knl
Date:06.10.2015
2 issues framed by the court
Whether the criminal proceedings under Section 498-A IPC and Dowry Prohibition Act can be quashed upon a joint memo of compromise filed by the accused and the complainant.
Whether offences punishable under Section 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act can be compounded by the court invoking Section 482 Cr.P.C.
3 provisions across 3 enactments
Accused Nos. 1 and 2
2nd Respondent
Dr. B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
