HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2627 OF 2008. DATED 15TH JULY, 2010. BETWEEN Dr.Syed Mohammed Ali and anr ….Petitioners and The State of AP,rep. By its Public Prosecutor and anr. …Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2627 OF 2008. ORDER: This Criminal Petition under Section 482 of Cr.P.C. is ﬁled to quash the proceedings in C.C.No. 360 of 2007 on the ﬁle of the learned XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad . It is submitted by the learned Senior Counsel for the petitioners that in the year 2009 the second respondent-defacto complainant ﬁled an aﬃdavit before this Court stating that she is not interested to puruse the matter any further. The said aﬃdavit runs as follows: “ I am the Respondent No.2 in the above Criminal Petition and hence I am well acquainted with the facts stated hereunder. The Respondent No.2 submits that the case was ﬁled as C.C.No. 360 of 2007 on the ﬁle of XIII Additional Chief Metropolitan Magistrate (Mahila Court) Nampally, Hyderabad against the petitioners and others for the offence under Section 498 A of IPC. It is submitted that after the marriage the ﬁrst petitioner and Respondent No.2 left for Behrain and lived there. For a short while respondent No.2 was brought down to India and had to stay with her-in-laws house only. The alleged acts of cruelty and harassment meted out under closed doors would not have substantial witnesses. The respondent No.2 could be rescued by her father when he visited them abroad. Due to shock at seeing her in such a state and also due to fear, the respondent No.2 was constrained to ﬁle the private complaint. However except the close relatives, independent witnesses could not be procured to give evidence. Subsequently upon the advice of elders and well wishers, the ﬁrst petitioner and second respondent have separated as per their personal law in the presence of Kazi and other witnesses. As such the second respondent having gained conﬁdence that there is no threat of physical harm has agreed to withdraw the complaint in accordance with the advice of well wishers and elders. In the circumstances it is prayed that this honourable Court may be pleased to pass appropriate orders as this Honourable Court deem ﬁt in the circumstances of the case.” Today when the matter is posted for hearing, the learned Counsel appearing on either side submitted that having the ﬁrst petitioner and the second respondent-defacto-complainant obtained divorce, the matter has been settled amicably out of Court and prayed to quash the said proceedings before the Cur below. The learned Public Prosecutor submitted that there is no objection for quashing the procxeedings in view of the amicable settlement arrived at between the parties. In view of the settlement arrived at between the parties, further continuance of the proceedings before the Court below may cause hurdle/prejudice to the parties herein and therefore they are liable to be quashed. Accordingly, proceedings in C.C.No. 360 of 2007 on the file of the learned XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad are hereby quashed. On production of a copy of this order, the authorities competent are directed to withdraw red- corner notice and outlook notice issued to the petitioner. The Criminal Petition is accordingly allowed. ----------------------------------- JUSTICE RAJA ELANGO DATED 15T H JULY, 2010. Msnr.