IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 1415 OF 2011 Between: Mypati Sivaprasad & 2-Ors. … Petitioners- A-1 to A-3 V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents Counsel for the Petitioners : Sri V.R.Reddy Kovvuri Counsel for the Respondent No.1: Addl.Public Prosecutor Counsel for the Respondent No.2: Sri D.Venkat Reddy for R2 The Court made the following order : (order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 1415 OF 2011 O R D E R : This Criminal Petition is filed by the petitioners, who are A-1 to A-3 under section 482 Cr.P.C., seeking to quash the proceedings in CC.No.48 of 2008 on the file of the Court of I-Additional Judicial Magistrate of First Class, Kadapa, stay all further proceedings including appearance of the petitioners in the above crime and to pass such other suitable orders, as this Court may deem fit and proper in the circumstances of the case. 2. When the matter came up for consideration, today the Respondent No.2 filed an affidavit, which reads as hereunder: I am the respondent No.2 herein. I filed a criminal complaint against accused herein on the file of Mahila Police Station, Kadapa and the same was duly registered as Crime No. 30 of 2007 for the offences under section 498-A of IPC. Thereafter, the police having investigated the crime filed charge sheet against the accused before the Court of I-Additional Judicial Magistrate of First Class, Kadapa, and the I-Additional Judicial Magistrate of First Class, Kadapa having taken cognizance of the offences under section 498-A, 323 and 5-6 read with section 149 IPC and section 3 and 4 of Dowry Prohibition Act, 1986 and numbered the same as CC.No. 48 of 2008 against the accused. While so, A-1, who is my husband filed OP.No.55 of 2008 on the file of the Court of Senior Civil Judge, Kadapa against me for grant of decree of divorce by dissolving out marriage performed on 17-11-2005. It is necessary to bring to the notice of this Court that during the pendency of the above OP some well wishers of both the families advised us to settle the issue amicably out of the Court for dissolving the marriage and also to withdraw the criminal proceedings pending against the accused. In view of the mediation held by our family elders, A-1 agreed to pay a sum of Rs.3,25,000-00 as permanent alimony and agreed for grant of divorce in favour of A-1 and also to withdraw the criminal proceedings against the accused. As per the oral agreement, A-1 paid a sum of Rs.2,00,000-00 at the time of disposal of the above O.P. by granting decree of divorce and he paid the balance amount of Rs.1,25,000-00 by way of cash. In view of the same, I have no objection to allow the above criminal petition and quash the proceedings in CC.No. 48 of 2008 on the file of the Court of I-Additional Judicial Magistrate of First Class, Kadapa. 3. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for Respondent No.1 and Sri D.Venkat Reddy for Respondent No.2. 4. Respondent No.2 also filed photocopy of her pan card bearing No. BCQ PP9717-E issued by the Income-tax department and the same was verified. She informed this Court that she is willing to compromise the matter with the petitioners. 5. In the light of the above facts and circumstances and in terms of compromise stated hereinabove, all further proceedings in CC.No. 48 of 2008 of on the file of the Court of I-Additional Judicial Magistrate of First Class, Kadapa, is hereby quashed. 6. The Criminal Petition is accordingly allowed. _________________________ JUSTICE RAJA ELANGO 15-02-2011 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 1415 OF 2011 Circulation No. 92 Date: 15-02-2011 Court Master : I s L