HON'BLE SRI JUSTICE RAJA ELANGO CRL.M.P.NO.1460 of 2011 and CRIMINAL PETITION No.12523 of 2010 ORDER: This Criminal Petition is filed by the petitioners-accused, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in C.C.No.697 of 2010 on the file of the XIII Addl. Chief Metropolitan Magistrate at Hyderabad, taken on file for the offences punishable under Sections 498- A, 420 IPC r/w Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioners as well as the respondent-defacto complainant that during pendency of the criminal petition, the matter is settled out of Court amicably between the parties and to that effect Crl.P.M.P.No.1460 of 2011 is filed by both parties before this Court seeking permission to compound the offence. Therefore, they prayed to quash the proceedings in the C.C. The petitioners and the respondent are present before this Court. The respondent produced her identity and the same is verified by the learned Additional Public Prosecutor. She stated that on the advice of elders and well-wishers, herself and the petitioners have compromised the matter out of Court and therefore she intends to withdraw the criminal proceedings pending against the petitioners with free will and consent and there is no coercion or undue influence from any other side for the same. She filed an affidavit before the Court and also a copy of Memorandam of Compromise entered into between the parties which forms part of the record. The learned Addl. Public Prosecutor submitted that there is no objection to quash the C.C. inasmuch as both the parties settled the matter amicably. In the light of the settlement arrived at between the parties, this Court is of the view that the proceedings in the C.C. can be quashed. Accordingly, Crl.P.M.P.1460 of 2011 and Criminal Petition No.12523 of 2010 are allowed and consequently the proceedings initiated against the petitioners herein in C.C.No.697 of 2010 on the file of the XIII Addl. Chief Metropolitan Magistrate at Hyderabad, are hereby quashed. Miscellaneous Petitions, if any, filed along with the criminal petition shall stand closed. __________________ RAJA ELANGO, J 15th February, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRL.M.P.NO.1460 of 2011 and CRIMINAL PETITION No.12523 of 2010 (Allowed) 15th February, 2011 CBS It is submitted by the learned counsel for the petitioners that during pendency of the Criminal Petition, at the intervention of elders and well wishers, the matter is compromised between the parties. Therefore, he prayed to quash the proceedings in the crime. The 2nd respondent-defacto complainant is present before this Court. She produced her identity and the same is verified by the learned Additional Public Prosecutor. She stated that on the advice of elders and well-wishers, herself and the petitioners have compromised the matter out of Court and therefore she intends to withdraw the criminal proceedings pending against the petitioners with free will and consent and there is no coercion or undue influence from any other side for the same. She also filed an affidavit before the Court which runs as follows: “I am the 2nd respondent herein, as such, I am well acquainted with the facts of the case. I submit that I got married to S. Saleem Mohammed Safee @ Guddu and residing with my husband at Uttar Pradesh. On 31.3.2008 my husband died with fire arm by some miscreants of Kosban. Thereafter, at the instance of my father, I came to Madanapalli of Chittoor District and lodged a complaint against the petitioners herein. Basing on the complaint, the Madanapalli II Town Police registered a case in Crime No.211 of 2009 for the offence u/s 498-A IPC. Thereafter, I got realised that my in-laws and brother-in-laws looked after me very well while I was in Uttar Pradesh. I submit that I got four children. They are also happy with the petitioners herein. Therefore, I went to Uttar Pradesh and residing with the petitioners along with my children. I submit that I also sent a letter to the II Town Police Statiion, Madanapalli, seeking to withdraw my complaint. Inspite of the same, the police have not withdrawn my complaint and the police are harassing me and the petitioners herein at the instance of my father. I submit that therefore the petitioners herein approached this Hon’ble Court by filing the above Criminal Petition seeking to quash the proceedings pending against the petitioners herein. I submit that I also instructed the counsel appeared for the petitioners to withdraw the complaint made by me. Therefore, he requested this Hon’ble Court for my appearance for withdrawal of the complaint (Crime No.211 of 2009 of Madanapalli II Town P.S). I submit that I am residing happily in Uttar Pradesh along with my children with the petitioners herein. There is no threat and harassment made by the petitioners. Hence, I want to withdraw the complaint. I submit that I am filing the present affidavit at my own will and there is no pressure or threat made by the petitioners herein. For the reasons stated above, it is therefore prayed that this Hon’ble Court may be pleased to withdraw the complaint dt.4.11.2009 made by me which was registered as Crime No.211 of 2009 of Madanapalli II Town Police Station, Chittoor District and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” The learned Addl. Public Prosecutor submitted that there is no objection to quash the crime inasmuch as both the parties settled the matter. In the light of the settlement arrived at between the parties, this Court is of the view that the proceedings in the crime can be quashed. Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioners herein in Crime No.211 of 2009 of II Town Police Station, Madanapalle, Chittoor District, are hereby quashed. Miscellaneous Petitions, if any, filed along with the criminal petition shall stand closed. __________________ RAJA ELANGO, J 15th February, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12523 OF 2010 (Allowed) 15th February, 2011 CBS