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Judgment
This criminal petition is filed by the petitioner/accused No.1 to quash the proceedings against him in P.R.C.No.14 of 2024 on the file of the learned I Additional Judicial Magistrate of First Class of the offences under Sections 498-A and 313 r/w 34 of the Indian Penal code (hereinafter referred to as ‘the Code’) and Section 3 and 4 of Dowry Prohibition Act.
Respondent No.2 filed petition in I.A.No.1 of 2026 seeking permission to compound the case on the ground that they have settled the disputes out of court and accordingly, entered into memorandum of understanding. Respondent No.2 has appended joint compromise memo.
Petitioner as well as respondent No.2 are present. Heard respondent No.2 personally and she submitted that the matter settled out of court and to that effect, they filed a petition in I.A.No.1 of 2026 and requested to quash these proceedings against the petitioner. Compared the names and details of petitioner as well as respondent No.2.
Heard learned counsel for the petitioner, respondent No.2 as well as learned Assistant Public Prosecutor.
The alleged offences are under Sections 498-A and 313 r/w 34 of the Code and Section 3 and 4 of Dowry Prohibition Act. It is needless to say that in view of the amicable settlement arrived at by both the parties, this court can give permission to both the parties to compound the matter as per the judgment of Apex Court in Jagdish Channa & Others v. State of Haryana & another1, Shiji Vs. Radhika & Another2, Narinder Singh & others Vs. State of Punjab3 and Anita Maria Dias and Another vs. State of Maharashtra and Anr4, even in non-compoundable cases, on the basis of compromise, criminal proceedings can be quashed to save the valuable time of the Court.
Having considered the submissions made by the respondent No.2, learned counsel for both parties and the principles laid down in the judgments cited supra, this court is of the considered view that permission may be granted to both parties to compound the matter as the main dispute is settled out of court amicably. Joint Compromise memo and memorandum of understanding/settlement shall form part of record. Accordingly, I.A.No.1 of 2026 is allowed.
In the result, and in view of the settlement between both the parties, this criminal petition No.4468 of 2023 is allowed quashing the proceedings in PRC No.14 of 2024 pending on the file of the learned I Additional Judicial Magistrate of First Class, Kakinada against the petitioner/accused No.1 of the offence under Sections 498-A and 313 read with Section 34 of the Code and Section 3 and 4 of Dowry Prohibition Act.
As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed.