Criminal Petition No. 2036 of 2011 · Andhra Pradesh High Court
Case at a glance
Outcome
Allowed
Accordingly, the Criminal Petition is allowed and the proceedings in
Provisions considered
Judgment
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.37 of 2008 on the file of the XV Addl. Chief Metropolitan Magistrate, Hyderabad. It is submitted by the learned counsel for the petitioner that during pendency of the Criminal Petition, at the intervention of elders and well
Operative part
wishers, both the parties compromised the matter out of Court. Therefore, he prayed to quash the proceedings against the petitioner in the calendar case. The petitioner and the defacto complainant 1st respondent herein are present before this Court. The 1st respondent produced her identity and the same is verified by the learned Additional Public Prosecutor. She stated that on the advice of elders and well-wishers, herself and the petitioner entered into a compromise and their marriage was dissolved by way of a decree dated 31.08.2009 in O.P.No.150 of 2009 on the file of the Family Court Judge, Secunderabad and therefore she intends to withdraw the criminal proceedings pending against all the accused including the petitioner. She also filed an affidavit praying the Court to quash the proceedings in the calendar case. The learned Addl. Public Prosecutor submitted that there is no objection to quash the calendar case 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 petitioner would serve no purpose and by invoking the provisions under Section 482 Cr.P.C. the proceedings in the calendar case can be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.37 of 2008 on the file of the XV Addl. Chief Metropolitan Magistrate, Hyderabad, are hereby quashed. The affidavit filed by the defacto complainant be made as part of this order. Miscellaneous Petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 1st April, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2036 of 2011 (Allowed) CBS 1st April, 2010
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Criminal Petition is allowed and the proceedings in
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.