Common order allowing Criminal Petitions seeking quashing of proceedings under Sec. 498-A IPC for which investigation was pending, based on amicable resolution and compromise between the parties.
The offence and proceedings in Crime No. 325 of 2014 on the file of Falaknuma P.S. were quashed.
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HON’BLE SRI JUSTICE U. DURGA PRASAD RAO
Crl.P.M.P.No.1725 of 2015 in Crl.P.No.1598 of 2015
and
Criminal Petition No.1598 of 2015
COMMON ORDER:
The defacto complainant and his counsel Sri Aslam Khan are present. A.2 and A.3 and their counsel Sri Syed Ahmed Ali are present. A.1 absent and he is represented by A.2 who is his General Power of Attorney.
Heard both sides and perused the petition.
On the report given by defacto complainant, the Police of Falaknuma P.S, Hyderabad registered Crime No.325 of 2014 against accused for the offence under Sec.498-A IPC and investigation is reported to be pending.
While-so, both parties and their counsel present in Court today and submitted that due to intervention of the elders, they have amicably resolved their disputes whereunder the defacto complainant and A.1 obtained divorce and they want to live separately and the defacto complainant has no objection for quashment of the proceedings in Crime No.325 of 2014 and therefore they may be permitted to compound the offence and proceedings in Crime No.325 of 2014 on the file of Falaknuma P.S may be quashed in the interest of justice.
Having regard to the above said submission and in view of
the fact that the matter being a matrimonial affair wherein the parties have amicably resolved their disputes and no useful purpose will be served even if the investigation is allowed to be continued since the parties have compromised, and following the decision reported in Gian Singh v. State of Punjab and anothe r[1] , this petition is allowed and permission is accorded to the parties to compound the offence and consequently proceedings in Crime No.325 of 2014 on the file of Falaknuma P.S are hereby quashed as per the compromise memo filed by the parties.
In the result, both the petitions are accordingly allowed.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U. DURGA PRASAD RAO, J
Date: 04.03.2015 scs
[1] (2012) 10 SCC 303)
2 issues framed by the court
Whether proceedings under Sec. 498-A IPC should be quashed upon amicable resolution of matrimonial disputes.
Whether parties are permitted to compound the offence in interest of justice after divorce.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶10
(2012) 10 SCC 303) · Who else cites this
1 provisions across 1 enactments
Defacto complainant
A.1
U. DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
