THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

ORDER:

This petition is filed under Section 482 of Code of Criminal Procedure seeking to quash the proceedings in CC No.3317 of 2021 on the file of the V Additional Metropolitan Magistrate, L.B.Nagar, Cyberabad, R.R.District against the petitioner-accused No.4 for the offences under Section 498-A, 323, 406 and 506 of Indian Penal Code and Section 4 of Dowry Prohibition Act.

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2. Heard Mr.K. Satyanarayana, learned counsel for the petitioner, Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1- State.

3. The brief facts of the case are that on 23.03.2021 at about 11.00 hours the de-facto complainant-Smt. M.Sowmya @ K.Sowmya lodged a complaint before the Saroornagar Police Station stating that on 01.07.2018 her marriage was performed with accused No.1 at Arya Samaj, Saidabad in the presence of elders and after marriage, gifted some articles. Thereafter, accused No.1 who is her husband used to harass her with the instigation of accused Nos.2 to 4 who are in-laws of the de-facto complainant. Out of the wedlock she was blessed with one baby child. Her husband used to take her entire salary and did not even provided basic amenities to her. Accused No.1 used to beat her and abused her in filthy language. All the belongings and educational certificates of the de-facto complainant were under the custody of accused No.1. Accused Nos.1 to 4 are used to threaten her with dire consequences. Therefore, accused Nos.1 to 4 committee the offences under Sections 498- A, 323, 406 and 506 of IPC and Section 4 of the Dowry Prohibition Act.

4. Learned counsel for the petitioner would submit that after completion of investigation in this case, charge sheet has been laid on the file of the V Additional Metropolitan Magistrate, L.B.Nagar, Cyberabad, R.R District vide C.C No.3317 if 2021 and the trial is pending. While trial is pending, the present petition is filed for quashment of the proceedings.

5. Learned counsel for the petitioner while drawing the attention of this Court would submit that the de-facto complainant got divorce from accused No.1 under Section 13-B of the Hindu Marriage Act, 1955 with mutual consent of accused No.1 and the de-facto complainant and in the chief evidence affidavit filed before the learned trial Court, the de-facto complainant at paragraph No.5 of FCOP No.101 of 2021 on the file of the learned Judge, Family Court, R.R.

District, stated as under:

5. I submit that I shall withdraw the criminal case filed against my husband Bharadwaj and his family members in CC No.3317 of 2021 on the file of V ACMM, Hyderabad, R.R.District filed under Section 498-A, 323, 406 and 506 of IPC and Section 4 of D.P Act by referring it to Lok Adalat for closing of the case.

6. The mutual divorce to accused No.1 and the de-facto complainant has been granted by the learned Judge, Family Court, R.R.District on 18.01.2022.

7. It is further submitted that notice has been served on the de-facto complainant, to that effect, he filed memo of proof of service has been filed into the Registry. There is no representation on behalf of the de-facto complainant neither before this Court nor before the trial Court to record the compromise, hence, seek to quash the proceedings against the petitioner-accused No.4.

8. On the other hand, learned Assistant Public Prosecutor would submit that the petitioner has to approach the learned trial Court for recording compromise else file the discharge petition. The petitioner approaching this Court is premature hence, seeks to dismiss this criminal petition.

9. Having heard learned counsel for the petitioner and learned Assistant Public Prosecutor, upon perusal of the material before this Court, it is to be seen that the petitioner is accused No.4. Accused No.1, who is the husband of the de- facto complainant and the de-facto complainant were granted decree of divorce by the learned trial Court vide F.C.O.P No.101 of 2021 on 18.01.2022 on the file of the Judge, Fa