Andhra Pradesh High Court - Amravati
Ardani Laxman Now Changed His Name As ... vs The State Of Andhra Pradesh on 16 August, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
I.A.Nos.2 and 3 IN/AND
CRIMINAL PETITIO NO.5092 OF 2022
Between:-
1) Ardani Laxman @ Shaik Abdul Rahaman
2) Ardani Srinivas ... Petitioners/A.1 & A.2
And
1) The State of Andhra Pradesh,
represented by its Public Prosecutor,
High Court of Andhra Pradesh,
Amaravati.
2) Shaik Ahmad
3) Shaik Salma ... Respondents
Counsel for the Petitioners : Mr.Dasari S.V.V.S.V. Prasad
Counsel for the 1st Respondent : The Public Prosecutor
Counsel for the Respondents 2 & 3 : Mr.V.Suresh, Learned counsel
for Mr.Ch.Venkata Raman
COMMON ORDER:
I.A.Nos.2 and 3 of 2022 These applications are filed under Sections 320(6) and 320(2) of the Code of Criminal Procedure (for short 'Cr.P.C') respectively, seeking permission to record Compromise, Compound the offence and to quash the Proceedings in P.R.C.No.8 of 2020 on the file of the learned Additional Judicial Magistrate of First Class, Narsapuram, West Godavari District.
2. The respondents/de facto complainants lodged a complaint against the petitioners/A.1 and A.2 in Cr.No.232 of 2018 before the Station House Officer, Narsapuram Town Police Station, Narsapuram, West Godavari District, for the offence punishable under Section 366 R/w 2 NJS, J Crlp_5092 of 2022 Section 34 of the Indian Penal Code (for short 'IPC') and the said case is registered as P.R.C.No.8 of 2020 on the file of the learned Additional Judicial Magistrate of First Class, Narsapuram, West Godavari District, and the same is pending before the learned Trial Court.
3. The petitioners/Accused Nos.2 and 3 and the de facto complainants are present, they are identified by their respective counsels.
4. A Joint Memo of Compromise is filed by both the parties, when the terms of Joint Memo of Compromise are explained in Telugu language they are admitted to be true and correct. It is submitted that the petitioners/Accused Nos.1 and 2 the de facto complainants voluntarily entered into compromise, settled the matter outside the Court, due to intervention of elders and well-wishers and that there are no disputes between both the parties.
5. In the present case, the Police have filed Charge Sheet under Section 366 R/w 34 IPC against the petitioners/A.1 and A.2. The learned Magistrate by an order dated 18.09.2020 has taken cognizance of offence under Section 366 R/w 34 IPC. It is also stated that the 1 st petitioner married the 3rd respondent and she is pregnant. Considering these aspects and also the affidavit filed by the respective parties including the 3rd respondent and the Joint Memo of Compromise, this Court is of the opinion that continuation of proceedings in P.R.C.No.8 of 2020 on the file of the learned Additional Judicial Magistrate of First Class, Narsapuram, West Godavari District, would be an obstacle to the marital life of the 1st petitioner and the 3rd respondent.
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NJS, J Crlp_5092 of 2022
6. Under the above mentioned circumstances, this Court deems it appropriate to allow the Compromise Petition, as the offence would not stand in the light of settlement arrived at between the parties. Hence, permission is granted to compound the offence. Accordingly, compromise is recorded in terms of the Joint Memo filed along with I.A.No.3 of 2022 and the applications are ordered.
Crl.P.No.5092 of 2022
In view of the orders passed by this Court in I.A.Nos.2 and 3 of 2022, this Criminal Petition is allowed by quashing the Proceedings in P.R.C.No.8 of 2020 on the file of the learned Additional Judicial Magistrate of First Class, Narsapuram, West Godavari District, against the petitioners/A.1 and A.2.
Registry is directed to annex a copy of Joint Compromise Memo to this Order.
As a sequel, miscellaneous applications, if any, pending shall stand closed.
__________________ NINALA JAYASURYA, J Date: 16.08.2022 IS 4 NJS, J Crlp_5092 of 2022 THE HON'BLE SRI JUSTICE NINALA JAYASURYA CRIMINAL PETITION NO.5092 of 2022 Date: 16.08.2022 IS