HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1112 OF 2011 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.1 to 3, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in Crime No.238 of 2010 on the file of Women P.S., Charminar South Zone, Hyderabad, registered for the offences under Sections 498-A, 406, 506 r/w Section 34 IPC and Sections 4 and 6 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioners that during pendency of the Criminal Petition, the 1st petitioner and the 2nd respondent-defacto complainant settled the matter amicably and accordingly they entered into a Matrimonial Settlement on 04.10.2010. Therefore, he prayed to quash the proceedings in the crime. The petitioners and the 2nd respondent are present before this Court. The 2nd 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 before the Court a copy of the Matrimonial Settlement dated 04.10.2010, the terms and conditions of which, are as follows: “In view of the mutual settlement, both the parties shall live separately. The 2nd respondent has received her entire gold and silver ornaments prior to this Matrimonial Settlement, the receipt of which the 2nd respondent does hereby admit and acknowledge. The 2nd respondent shall receive the remaining jahez articles from the 1st petitioner after completion of the cases i.e. Crime No.238 of 2010 of W.P.S. South Zone, Hyderabad and C.C.No.1280 of 2008 on the file of the Chief Metropolitan Magistrate, Hyderabad. The minor children shall be under the care and custody and guardianship of the 2nd respondent. The 2nd respondent herein promises and undertakes that she shall not claim any maintenance for the minor children either at present or in future from the 1st petitioner. Further, the 1st petitioner shall not pay any future maintenance to the minor children. The 2nd respondent undertakes that she shall withdraw the case vide Crime No.238/2010 of W.P.S. South Zone, Hyderabad which is pending on the file of the Hon’ble XV A.C.M.M., Hyderabad, by appearing in person before the competent court of law including the Hon’ble High Court of A.P., without any objection and excuse. The mother of the 2nd respondent also shall withdraw the case vide C.C.No.1280/08 u/s 324 and 326 IPC which is pending on the file of V C.M.M., Hyderabad by appearing in person before the competent court of law including the Hon’ble High Court of Andhra Pradesh, Hyderabad which is pending in between Smt.Saleema Begum (mother of the 2nd respondent) and Mr.Mohammed Jamal Pasha Qureshi (brother of 1st petitioner). While the 2nd respondent purchasing the house bearing No.19-5-482/A/1/93 situated at Najam Nagar,Kishan Bagh, Hyderabad, A.P., in her name, the parents of the 1st petitioner had paid an amount of Rs.85,000/- (Rupees Eighty five thousand only) to the 2nd respondent towards repayable hand loan amount, due to which the 2nd respondent has handed over the possession of the above said purchased house bearing No.19-5-482/A/1/93 situated at Najam Nagar, Kishan Bagh, Hyderabad, A.P., under the possession and enjoyment of the 1st petitioner’s parents, brothers and sisters for their use and occupation till the period of repayment of the above mentioned hand loan amount. The 2nd respondent and her mother shall withdraw the above mentioned two criminal cases which were filed by them against the 1st petitioner and his brother and after withdrawal of the above mentioned two cases, the 2nd respondent shall repay the above mentioned hand loan amount of Rs.85,000/- (Rupees Eighty five thousand only) to the parents of the 1st petitioner. The 1st petitioner’s parents after receiving their above mentioned amount of Rs.85,000/- (Rupees Eighty five thousand only) shall vacate and deliver vacant and physical possession of the above mentioned house to the 2nd respondent. The 2nd respondent herein promises and undertakes that in future she shall not lodge any complaint or case against the 1st petitioner of his family members before any competent authority or court of law both civil and criminal cases. Hereinafter, there is no any kind of claim or demand or dispute or relationship between the parties, as such both the parties shall be at liberty and entitled to seek their future ways as per their respective will and pleasure.” The learned Addl. Public Prosecutor submitted that there is no objection to quash the crime 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 crime can be quashed. Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioners in Crime No.238 of 2010 on the file of Women P.S., Charminar South Zone, Hyderabad, are hereby quashed. __________________ RAJA ELANGO, J 9th February, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1112 OF 2011 (Allowed) 9th February, 2011 CBS