BADAVATH KOTYA Vs. BADAVATH ARCHANA

JUDGEMENT

(1.) The petitioners are accused in C.C.No. 1776 of 2018 on the file of the Court of Judicial Magistrate of First Class, Suryapet, Nalgonda district, registered and taken cognizance for the offences punishable under section 494 and 498-A of I.P.C. It is the out-come of Crime No. 16 of 2015 of Penpahad Police Station, dated 02-03-2015 for the offences registered supra and the Police after investigation by examination of first respondent - de facto complainant and other circumstantial witnesses including the mother and brother of de facto complainant, as LWs 1 to 15 including the Investigation Officer and eye-witnesses, who are LW-8, 11, 12 and 13, filed the final report. Charge sheet was dispatched and signed on 25-03-2015.

(2.) The contentions in the quash petition are that besides the criminal case supra, there was a maintenance case pending on the file of the Court of Judicial Magistrate of First Class, Suryapet, filed by the first respondent and also a D.V.C.No.9 of 2015 filed by her pending on the file of Judicial Magistrate of First Class, Suryapet and during pendency of the same subsequent to the filing of the charge sheet there was settlement of all the matters before Lok Adalat at Suryapet, vide LAC.No. 346 of 2015 and LAC.No. 348 of 2015, dated 12-09-2015 and both the cases were closed as per the terms of the compromise; maintenance case and DVC. There was an undertaking to withdraw the criminal case supra, covered by Crime No.16 of 2015 of Police Station Penpahad.

(3.) It is the contention there from that despite there was compromise and settlement including withdrawing the criminal case, the non-withdrawal and continuation of proceedings is nothing but abuse of process of law and cannot be allowed to continue.