IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION SR.NO.23098 OF 2010. Between: Smt. Tanisha Goenkla @ Priyanka W/o Ravinder J\Kumar Goenka, Aged about 23 years, 0cc. Household, R/o. 23-2-598/3/B, Khova Market, Shah Ali Banda, Hyderabad … Petitioner-Defacto complainant V/s. 1. Ravinder Kumar Goenka, s/o Jankilal Lal Goenka aged about 29 years, 0cc. Service 2. Veernder Kumar Goenka, s/o Jankilal Lal Goenka aged about 46 years, 0cc. Business 3. Smt. Sandhya W/o. Veerender Kumar Goenka aged about 37 years, 0cc. House wife, All are resident of H.No.1-2-410/1/6, A-5, Domalguda Hyderabad. .. Respondents – A-1 to A-3 4. State of Andhra Pradesh Represented by Public Prosecutor High Court of Andhra Pradesh Through Women Police Station, South Zone, Hyderabad. .. Respondent No.4 . Counsel for the Petitioner : Sri P. Vamsheedhar Reddy Counsel for the Respondents 1 to 3/ Accused Nos.1 to 3 : Party in-Person. Counsel for the Respondent No.4 : Public Prosecutor The Court made the following: (Judgment follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION SR.No. 23098 OF 2010 O R D E R : This Criminal Petition is filed by the petitioner-defacto complainant under section 482 of Cr.P.C. seeking to quash the FIR.No.150 of 2010 of Women Police Station (South Zone), Hyderabad, registered for the offence under sections 498-A IPC and Sections 4 and 6 of the Dowry Prohibition Act, pending on the file XIII Additional Metropolitan Magistrate, Nampally, Hyderabad and to pass such other suitable orders as this Court may deems fit and proper in the interest of justice. 2. Today the matter is posted for final hearing. The defacto complainant, Smt. Tanisha Goenka @ Priyanka, w/o Ravinder Kumar Goenka (A-1) is present before this Court and she filed Criminal Petition SR.No. 23098 of 2010 with the following averments in brief: i) That the petitioner-defacto complainant is the wife of Respondent No.1. The Respondent No.2 is the step brother and Respondent No.3 is the sister- in-law of Respondent No.1. The petitioner herein filed a private complaint against the respondents 1 to 3 (A-1 to A-3) for the offence under sections 498-A and sections 4 and 6 of Dowry Prohibition Act before the XIII-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and the same was referred to the Women Police Station, South Zone, Hyderabad, under section 153 (3) of Cr.P.C. and the police registered FIR in Cr.No.150/2010 and the police completed its investigation. ii) That due to the intervention and mediation by the elders, family members, friends and well wishers the petitioner-defacto complainant and Respondents (A1 to A3) settled and resolved the matter and the petitioner-defacto complainant and Respondent No.1 has entered into a memorandum of understanding dated 21-06-2010, wherein the petitioner-defacto complainant has agreed to withdraw the complaint filed by her against the respondents 1 to 3 (A1 toA3) and for that purpose she filed this petition before this Court. Further in view of the amicable settlement and terms and conditions set out in memorandum of understanding dated 21-6-2010 the petitioner- defacto complainant has already received a sum of Rs.1,00,000/- (Rs. One lakh only) by cash towards permanent alimony in full and final settlement and has executed a receipt for the same. The articles, goods, clothes, gifts, gold and silver articles which were given at the time of marriage by the petitioner and Respondent No.1 herein to each other were already exchanged and there is no any claim whatsoever in nature against each other and further the petitioner-defacto complainant and Respondent No.1 herein agreed to dissolve their marriage dated 08-7-2008 by filing appropriate petition before competent court of law. iii) That the petitioner-defacto complainant in view of the amicable settlement is not intending to proceed with the case and intends to withdraw her complaint against the Respondent Nos.1 to 3, as such, it is just and necessary to compound the offence in Cr.No.150/2010 on the file of XIII- Additional Metropolitan Magistrate, Nampally, Hyderabad, other wise the petitioner-defacto complainant and Respondent Nos.1 to 3 will be put to hardship and irreparable loss. 3. This Court verified the identity of the petitioner-defacto complainant, Smt.Tanisha Goenka @ Priyanka wife of Ravinder Kumar Goenka (A-1) and the defacto complainant on enquiry expressed her willingness and interest to quash the FIR in Cr.No.150/2010 on the file of XIII-Additional Metropolitan Magistrate, Nampally, Hyderabad. 4. In the light of the facts and circumstances mentioned hereinabove and also taking into consideration the averments mentioned in para No.2 sub-clause (i) to (iii) referred to supra, this Court is of the view that the present complaint/FIR in Cr.No.150/2010 on the file XIII-Additional Metropolitan Magistrate, Nampally, Hyderabad, be and is hereby quashed. 5. In the result, the Criminal Petition is allowed and the FIR in Cr.No.150/2010 registered for the offence punishable under section 498-A IPC and sections 4 and 6 of Dowry Prohibition Act by Women Police Station, South Zone, Hyderabad, pending on the file of XIII Additional Metropolitan Magistrate, Nampally, Hyderabad, be and is hereby quashed. 6. As a sequel to the disposal of the main criminal petition, Crl.MP.SR.No.23100 of 2010, which is filed along with the above criminal petition seeking to stay all further proceedings in Cr.No.150/2010 on the file of XIII Additional Metropolitan Magistrate, Nampally, Hyderabad, is disposed of as infructuous. ___________________________ JUSTICE RAJA ELANGO. 16th July, 2010 I S L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION SR.No.23098 OF 2010 Circulation Entry No. Date: 16-07-2010 Computer No. 43 Court Master: I s L