HON’BLE SRI JUSTICE R. KANTHA RAO CRL.P.No.4917, 4910, 4911 and 4912 of 2013 Date: 03.04.2013 CRL.P.No.4917 of 2013 Between:
Jalla Vijay Kumar and others And State of A.P. and another CRL.P. No.4910 of 2013 …Petitioners …Respondents Between:
Jalla Vijay Kumar and others And State of A.P. and another CRL.P. No.4911 of 2013 …Petitioners …Respondents Between:
Jalla Vijay Kumar And State of A.P. and another …Petitioners …Respondents CRL.P. No.4912 of 2013 Between:
Jalla Vijay Kumar and others And State of A.P. and another …Petitioners …Respondents HON’BLE SRI JUSTICE R. KANTHA RAO CRL.P.Nos.4917, 4910, 4911 and 4912 of 2013
COMMON ORDER:
Criminal Petition SR No.10143 of 2013 is filed under Section 482 of the Code of Criminal Procedure to quash the entire proceedings in Crime No. 353 of 2012 on the file of Chatrinaka Police Station, Hyderabad for the offence under Sections 494-A, 420, 419 and 109 of IPC .
Criminal Petition SR No.10148 of 2013 is filed under Section 482 of the Code of Criminal Procedure to quash the entire proceedings in C.c.No.835 of 2010 on the file of the XV Metropolitan Magistrate, Hyderabad for the offence under Section 498-A of IPC.
Criminal Petition SR No.10150 of 2013 is filed under Section 482 of the Code of Criminal Procedure to quash the entire proceedings in M.C.No.26 of 2012 on the file of the Additional Family Court, Hyderabad.
Criminal Petition SR No.10135 of 2013 is filed under Section 482 of the Code of Criminal Procedure to quash the entire proceedings in D.V.C.No.383 of 2012 on the file of III Metropolitan Magistrate, Hyderabad for the offence under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
In all the cases, the de facto complainant is one and the same.
I have heard the learned counsel appearing for the petitioners/accused, respondent No. 2/de facto complainant and the learned Additional Public Prosecutor representing the State.
T h e de facto complainant/second respondent and the accused/petitioners are present. Against the decree of divorce granted in O.P.No.49 of 2008 on the file of the Senior Civil Judge, Bhongir in favour of the husband, an appeal was filed by the wife before the High Court of Andhra Pradesh and the same is now pending as F.C.A.No.50 of 2012.
While so, with the intervention of the elders and well-wishers the petitioners in all the cases and the de facto complainant compromised the matters by settling their disputes amicably out of the Court and they also entered into memorandum of understanding-cum- agreement. A copy of the said memorandum of understanding is filed which is made part of the criminal petitions. As per the terms of the compromise, the wife agreed to file a memo before the Court seeking withdrawal of FCA No.50 of 2012 and file compromise petition. She also agreed to withdraw all the criminal cases, maintenance case and DVC case. The husband agreed to pay an amount of Rs.8 lakhs towards full and final settlement including the past and permanent alimony etc. In pursuance of the said compromise, the husband gave a cheque for a sum of Rs.4 lakhs in favour of the wife and the same is handed over to the wife today. The remaining amount of Rs.4 lakhs was agreed to be paid after withdrawing the FCA by the wife.
In view of the above circumstances, considering the fact that all the cases arise out of the matrimonial dispute between the husband and de facto complainant/wife, I am of the view that keeping the cases pending any longer would not serve any useful purpose and moreover, it would cause undue hardship and lot of inconvenience to the parties. Therefore, to meet the requirement of justice, the cases are liable to be quashed.
Consequently, the Criminal Petition SR No.10143 of 2013 is allowed and the entire proceedings in Crime No. 353 of 2012 on the file of Chatrinaka Police Station, Hyderabad are hereby quashed.
The Criminal Petition SR No.10148 of 2013 is allowed and the entire proceedings in C.C.No.835 of 2010 on the file of the XV Metropolitan Magistrate, Hyderabad are hereby quashed.
The Criminal Petition SR No.10150 of 2013 is allowed and the entire proceedings in M.C.No.26 of 2012 on the file of the Additional Family Court, Hyderabad are hereby quashed.
The Criminal Petition SR No.10135 of 2013 is allowed and the entire proceedings in D.V.C.No.383 of 2012 on the file of III Metropolitan Magistrate, Hyderabad are hereby quashed.
The miscellaneous petitions, if any, filed in these petitions shall stand closed.
R.KANTHA RAO,J Date: 03.04.2013 kvrm HON’BLE SRI JUSTICE R. KANTHA RAO CRL.P.No.4917, 4910, 4911 and 4912 of 2013
Date: 03.04.2013