Criminal Petition No. 12203 of 2011 · Andhra Pradesh High Court

This criminal petition is filed by the petitioners-accused Nos.1 to 4, under Section 482 Cr.P.C., seeking to quash the proceedings in Crime No.34 of 2011 of Biccavole P.S., East Godavari District, subsequently, transferred to II Town (L & O) P.S., Kakinada, registered for the offences punishable under Sections 498-A read with Section 34 of IPC and 3 and 4 of the Dowry Prohibition Act. When the matter is taken up for hearing today, it is submitted by the learned counsel for the petitioners that during pendency of the Criminal Petition, at the intervention of elders and well wishers, both

the parties compromised the matter out of Court and, to that effect, they entered into a Memorandum of Understanding on 27.11.2011 and, therefore, he prayed to quash the proceedings against the petitioners. The de facto complainant, 1st respondent herein, is present before this Court and produced her identity and the same is verified by the learned Addl. Public Prosecutor. She stated that on the advice of elders and well-wishers, herself and the petitioners have compromised the matter out of Court and therefore she intends to withdraw the criminal proceedings pending against the petitioners with free will and consent and there is no coercion or undue influence from any other side for the same. She also filed an affidavit narrating the compromise. The learned Addl. Public Prosecutor submitted that there is no objection to quash the proceedings inasmuch as both the parties settled the matter amicably. In the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against the petitioners would serve no purpose and invoking the provisions under Section 482 Cr.P.C. the proceedings in the crime can be quashed by compounding the offence. Accordingly, the Criminal Petition is allowed and proceedings in Crime No.34 of 2011 of Biccavole P.S., East Godavari District, are hereby quashed. The affidavit of the 1st respondent and copy of Memorandum of Understanding dated 27.11.2011 filed into Court be made as part of this order. Miscellaneous Petitions, if any, filed along with the criminal petition shall stand closed. __________________ RAJA ELANGO, J 28th November, 2011 HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12203 of 2011 (Allowed) 28th November, 2011