Telangana High Court
CRLP/15775/2013 of Shaik Moula Vs The State of AP., on 31 December 2013
SRI JUSTICE C. PRAVEEN KUMAR Crl.P.No. 15775 of 2013 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., seeking quashing the proceedings in C.C. No.58 of 2013 on the file of the learned Judicial First Class Magistrate, Nandalur, Kadapa District. A charge sheet came to be
THE HON’BLE SRI JUSTICE C. PRAVEEN KUMARCrl.P.No. 15775 of 2013
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ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., seekingquashing the proceedings in C.C. No.58 of 2013 on the file of the learnedJudicial First Class Magistrate, Nandalur, Kadapa District. A chargesheet came to be registered against the accused Nos. 1 to 4 for theoffence punishable under Section 498-A IPC and Sections 3 and 4 ofDowry Prohibition Act.
Along with the present application, the petitioners filedCrl.P.M.P.No.14282 of 2013 seeking permission of the Court tocompound the offences. An affidavit filed along with the said application would disclose thatat the instance of the elders and well-wishers the 2[nd] respondent hassettled the disputes with the accused No.1 and as such both the 2[nd]respondent and accused No.1 are living together happily.
The parties were present today and they were identified by theirrespective counsel. When examined, the 2[nd] respondent stated that she hassettled the dispute with the accused and is not interested in pursuing thematter. She further stated that at the instance of elders and well-wishers, theyhave settled the matter out of Court.
In Gian Singh v. State of Punjab and another[[1]], the Apex Court held that in view of the compromise arrived at between the parties, thepossibility of conviction is remote and bleak and continuation of criminalproceedings would put the accused to great oppression and prejudice andextreme injustice would be caused to him by not quashing the criminal casedespite full and complete settlement and compromise with the victim.
In view of the judgment of the Apex Court in GIAN SINGH (supra)and taking into consideration the fact of compromise arrived at betweenthe parties, this Court is of the view that continuation of theinvestigation against the petitioners is an abuse of process of law as thechances of conviction would be remote and bleak. It is not in disputethat the dispute between the parties is purely matrimonial in nature andthe public at large are not affected. In view of the same, the respondentcan be permitted to compound the offence and the proceedings againstthe petitioners can be terminated.
Crl.P.M.P.No.14282 of 2013 is ordered accordingly. Consequently, the Criminal Petition filed for quashing the proceedingsagainst the petitioners in C.C.No.58 of 2013 on the file of the learnedJudicial First Class Magistrate, Nandalur, Kadapa District is allowed.
As a sequel thereto, Miscellaneous Petitions, if any, pending shallstand closed.
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JUSTICE C. PRAVEEN KUMAR.
Date : 31.12.2013Gvl
THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR
Gvl
Crl.P.No. 15775 of 2013
Date : 31-12-2013