THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.M.P.No.1293 of 2011 And CRIMINAL PETITION No.13312 of 2010 ORDER: The petitioners – Accused 1 to 3 approaches the Court with a prayer to quash the proceedings against them in C.C.No.723 of 2010 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offence punishable under Sections 498- A and 406 read with 34 IPC and Sections 4 and 6 of the Dowry Prohibition Act. 2. Heard both sides. 3. Today, the de facto complainant – Sabah Mohsin Zubedi and the revision petitioners-accused 1 to 3 are present. She filed her passport bearing No.F9564793 in proof of her identity along with the petition filed under Section 320(1) Cr.P.C. She also filed a copy of the Memorandum of Understanding, wherein the terms and conditions are mentioned as follows: i. That the second party undertakes to send Master Hasan Salam Basuleman to meet first party on every 2nd & 4th week of Saturday morning till Sunday evening of every English Calendar Month; ii. That the first party undertakes to return back Master Hasan Salam Basuleman to second party on Sunday evening of 2nd & 4th week of every English Calendar month; iii. That the first party undertakes to pay all medical and educational expenses incurred for Master Hasan Salam Basuleman; iv. That the first party undertakes to pay monthly maintenance of Rs.5000/-(Rupees five thousand only) to the party of the second part and his son Master Hasan Salam Basuleman; v. That both parties undertake and agreed to share the holidays of Master Hasan Salam Basuleman equally; vi. That both parties under and agreed to mutually decide the dates on which Master Hasan Salam Basuleman shall visit first party in holidays; vii. That both the parties undertake and agreed that in case any of the parties is willing to take Master Hasan Salam Basuleman out of Hyderabad and India, the party doing so shall obtain an express written authorization from the other party to this instrument; viii. That both the parties undertake and agreed to withdraw all cases filed against each other for whatsoever reason with regard to the marriage of both the parties, custody of Master Hasan Salam Basuleman, and C.C.No.723 of 2010 pending on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, including maintenance case i.e. M.C.No.348 of 2009; ix. That both the parties undertake and agreed not to file any cases in future against each other including their respective family members with regard to their marriage, maintenance and custody of Master Hasan Salam Basuleman in any court of law, forum, tribunal and before any authority including police authorities; x. That the first party have already pronounce divorce(Talaq) to second party on 08.05.2010 and Jahez goods of the second party is returned to the second party and she received the same and that the Dower(Mehar) Gold of the second party is returned to the second party on the date of withdrawing the criminal petition No.13312 of 2010 pending before this Court; xi. That the second party declares that she had received all her belongings of whatsoever nature from first party and his family members and there are no articles of second party left in the custody of the first party; xii. That the second party undertakes to cooperate with first party for handing over Master Hasan Salam Basuleman on every 2nd and 4th week Saturday morning till Sunday evening of every calendar month and on holidays and also cooperate in getting quash the C.C.No.723 of 2010; xiii. That the second party shall furnish the bank name and account number to the first party to deposit the maintenance amount in the bank account of the second party and the first party shall deposit the maintenance amount on or before every 10th of English Calendar month; and xiv. That both the parties undertake to resolve any future dispute between them as per Islamic law or / and refer to Arbitration and one or more Arbitrators shall be appointed by both the parties to settle the dispute. It is reported by the complainant that the matter is settled out of court between herself and her husband and prays to acquit the accused. As the matter arises out of matrimonial disputes and as the complainant herself reported that the matter is settled and in view of the affidavit filed by the de facto complainant, the petition is stated under Section 320 Cr.P.C., which shall form part and parcel of the record, under which the petitioner is entitled for acquittal, the Criminal Petition is allowed and the accused is acquitted under Section 320(8) Cr.P.C. Miscellaneous petitions filed along with the criminal petition, if any, shall stand closed. _______________ RAJA ELANGO, J. 11th February 2011, Rns.