Telangana High Court
Bellapola Surya Kumari vs Bellapola Kishore on 12 December, 2022
Bench: G.Radha Rani
THE HON'BLE Dr. JUSTICE G. RADHA RANI
CRIMINAL APPEAL No.162 of 2022, CRIMINAL PETITION
Nos.717 and 787 of 2022
COMMON JUDGMENT:
Criminal Appeal No.162 of 2022 is filed by the appellant -
complainant against the order dated 22.11.2021 passed in C.C.No.474
of 2017 on the file of learned II Additional Junior Civil Judge cum
XIX Additional Metropolitan Magistrate, Malkajgiri, Cyberabad. The
offences alleged under Sections 498-A, 420, 406 of Indian Penal Code
and Section 4 of Dowry Prohibition Act.
2. Criminal Petition No.717 of 2022 is filed by the
petitioner - Accused No.1 to quash the docket order dated 22.11.2021
passed in C.C.No.474 of 2017 on the file of the II Additional Junior
Civil Judge cum XIX Additional Metropolitan Magistrate at
Cyberabad, Malkajgiri, dismissing the petition under Section 317 of
Cr.P.C filed on behalf of the petitioner-Accused No.1 and issuing
NBW and look out circular against him.
3. Criminal Petition No.787 of 2022 is filed by the
petitioner - Accused No.1 to quash the proceedings in CC No.474 of
2017 on the file of the II Additional Junior Civil Judge cum XIX
2
Additional Metropolitan Magistrate at Cyberabad, Malkajgiri, for
convicting him for the offences under Sections 498-A and 420 IPC.
4. During the pendency of the present cases, the
complainant - wife and the accused have filed Memorandum of
Understanding dated 27.09.2022 entered between them vide USR
No.97631 of 2022 on 02.11.2022 seeking to close the matters by
recording the terms of compromise and to quash the proceedings
against the accused in the said Crime, since they had settled the matter
out of Court.
5. Today, the complainant-wife and the GPA holder of the
accused No.1-husband appeared before the Court. They filed copies of
their Aadhar cards in proof of their identity and they are identified by
their respective counsel. In the MOU, it is stated that the complainant
- wife intended to compromise the matter with the accused on the
intervention of the elders and well wishers. She received
Rs.15,00,000/- vide Demand Draft No.708097 dated 11.08.2022,
drawn on Kotak Mahindra Bank, which was revalidated on
14.11.2022
before the Court from the learned counsel for accused
No.1-husband as per the said compromise. Both the parties also
agreed to withdraw the Civil and Criminal Cases filed against each
other. It was also reported that both the parties also obtained mutual
consent divorce vide FCOP No.1856 of 2017 dated 15.10.2022 on the
file of Principal District and Sessions Judge-cum-Family Court,
Medchal-Malkajgiri. The Memorandum of Understanding dated
27.09.2022 is made part of the record.
6. Learned counsel for the appellant in Crl.A. No.162 of
2022 submitted that he is not pressing the appeal. Hence, in view of
the said submission, Crl.A. No.162 of 2022 is dismissed as not
pressed.
7. In view of the Memorandum of Understanding and in
terms thereof, the parties are permitted to compromise the matters and
Crl.P.No.717 of 2022 is allowed setting aside the docket order dated
22.11.2021 passed in C.C.No.474 of 2017 and Crl.P.No.787 of 2022 is
allowed setting aside the judgment dated 22.11.2021 passed in
C.C.No.474 of 2017 on the file of the II Additional Junior Civil Judge
cum XIX Additional Metropolitan Magistrate at Cyberabad,
Malkajgiri and the accused No.1-husband is acquitted the offences
under Sections 498-A, 420 of I.P.C.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________
Dr. G. RADHA RANI, J
December 12, 2022
Gms/Gv
THE HON'BLE Dr. JUSTICE G. RADHA RANI
CRIMINAL APPEAL No.162 of 2022, CRIMINAL PETITION
Nos.717 and 787 of 2022
December 12, 2022
Gms/Gv
