High CourtsSingle Bench(2024) 12 AP CK 0036

Nadigotia Sujan Kumar vs Nadigotia Vandana & Ors.

Andhra Pradesh High Court · Decided on 23 December 2024

HON’BLE JUDGES
B V L N Chakravarthi, J
RESULT
Allowed
CASE NUMBER
I.A. No. 2, 3 Of 2024 In/And Criminal Petition No: 4870 Of 2024

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Judgment

8 paragraphs · 322 words

B V L N Chakravarthi, J

1.

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner herein/Accused, to quash the proceedings in Cr.No.45 of 2022 of Women Police Station, Visakhapatnam City, for the offence U/s.498-A of Indian Penal Code, 1860 and section 4 of Dowry Prohibition Act, 1961.

2.

Heard Sri D.Purnachandra Reddy, learned counsel for petitioner and Sri I.M.Sai Prakash, learned counsel representing for the unofficial respondent No.1 (defacto-complainant and victim). Learned Additional Public Prosecutor representing the State and Police are present.

3.

Today, when the matter is taken up, petitioner herein/Accused and 1st respondent herein are present before this Court. The petitioner/Accused and the 1st respondent produced their respective Aadhaar cards in proof of their identity. Learned counsel for the petitioner and the learned counsel for the 1st respondent have identified both the parties in the open Court.

4.

This Court has questioned 1st respondent herein/de facto complainant with regard to compromise, and she categorically stated to that extent that she has voluntarily entered into compromise with the petitioner herein/Accused. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak.

5.

In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh v. State of Punjab & another 2012 (9) Scale 257, on quashing of criminal case, when the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the FIR in Cr.No.45 of 2022 of Women Police Station, Visakhapatnam City, for the offence U/s.498-A I.P.C. and section 4 of Dowry Prohibition Act, 1961 against the petitioner herein/Accused is hereby quashed.

6.

Accordingly, I.A.Nos.2 and 3 of 2024 and Criminal Petition No.4870 of 2024 are allowed.

As a sequel thereto, the Interlacutory applications, if any, pending in this Criminal Petition shall stand closed.