HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.1557, 2812, 1620 and 2162 of 2010 COMMON ORDER: Since the parties to all the criminal petitions and the dispute arose between the parties are one and the same, they are being disposed of together by this common order. Crl.P.No.2812 of 2010 is filed by the husband seeking to quash C.C.No.111 of 2010 and Crl.P.No.1557 of 2010 is filed by his family members seeking to quash C.C.No.742 of 2009 on the file of the Addl. Judicial Magistrate of First Class, Nizamabad. Crl.P.No.2162 of 2010 is filed by the husband and Crl.P.No.1620 of 2010 is filed by his family members seeking to quash D.V.C.No.10 of 2009 on the file of the Addl. Judicial Magistrate of First Class, Nizamabad. It is submitted by the learned counsel for the petitioners that during pendency of the criminal petitions, the matter was settled out of Court amicably between the parties and therefore prayed to quash the proceedings in the aforesaid C.Cs. and D.V.C. The defacto complainant, 2nd respondent herein, and her father-in-law 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 upon the advice of the elders and well-wishers, herself and the petitioners have settled the matter amicably and therefore she intends to withdraw the criminal proceedings pending against the petitioners before the Court with free will and consent and there is no coercion or undue influence from any other side for the same. She also filed affidavits before this Court in all the petitions. In terms of the compromise, the husband by name Suresh Loganathan and the 2nd respondent-wife entered into a Memorandum of Understanding on 24.08.2010 which runs as follows: 1) The marriage of Suresh Loganathan and respondent No.2 was solemnized on 18.11.2005. Suresh Loganathan and respondent No.2 started living separately from 5.1.2008. 2) Respondent No.2 filed a dowry harassment before the P.S. IV Town, Nizamabad on 6.2.2009 for the offences under Section 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act. Respondent No.2 also lodged a complaint under D.V. Act vide case No.DVC No.10/2009 on the file of the Addl. J.F.C.M., Nizamabad. 3) Suresh Loganathan and respondent No.2 submits that due to intervention of the elders of the both families and head of the community people, both the petitioners decided to settle marital dispute amicably. 4) Respondent No.2 suppressed the fact that she is already married to one Vijay Kumar in the year 29.2.2004 at Vijay Nagar Police Station, Mysore. The 2nd respondent did not disclose the fact of the first marriage for the reasons best known to her and married Suresh Loganathan, without obtaining divorce from the 1st husband and without revealing the said fact. Now, the 2nd respondent accepts the fact of 1st marriage and with her free will and consent amicably settled the dispute. 5) The respondent No.2 agrees that she has no claims for maintenance and alimony against Suresh Loganathan. 6) Suresh Loganathan hereby deposits an amount of Rs.10,00,000/- towards full and final settlement for the welfare of the child Manyatha Reddy born out of the wedlock. Suresh Loganathan deposited an amount of Rs.4,00,000/- (Rs.2,00,000/- each in fixed deposit in Andhra Bank, Adiyar Branch, Chennai vide F.D.No.427919, 427920 dt.19.08.10). The interest accrued on Rs.4,00,000/- will be transferred to 129310100015319 Andhra Bank Account every month. The mother of the child Manyatha Reddy i.e. K. Deepthi is entitled to draw the amount and the same bust be used for the welfare and maintenance of the daughter born out of the wedlock, presently with the respondent No.2. Suresh Loganathan will have no rights of whatsoever nature on the child Manyatha Reddy. 7) Suresh Loganathan hereby deposited balance amount of Rs.6,00,000/- on 23.08.2010 in fixed deposit in the name of Manyatha Reddy for a period of 20 years in Andhra Bank, Habsiguda Branch. The said amount must used for marriage expenses of the child Manyatha Reddy. 8) Respondent No.2 agreed to accept the divorce and filed an affidavit to that effect in H.M.O.P.No.797 of 2010 on the file of 1st Addl. Family Court at Chennai stating that she is no longer interested in marital life with Suresh Loganathan and sought the court to declare the marriage dt.18.11.2005 as null and void. 9) Suresh Loganathan handed over all the articles and other belongings to respondent No.2. Likewise, respondent No.2 also handed over all the articles belonging to Suresh Loganathan. 10)Respondent No.2 agreed to withdraw the criminal cases registered for the offences under Section 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act pending on the file of Addl. J.F.C.M., Nizamabad which are numbered as C.C.No.111/10 and 742/2009 against Suresh Loganathan and all other accused and also the DVC No.10/09 pending on the file of Addl. J.F.C.M., Nizamabad. Respondent No.2 withdraws all the allegations made in the criminal complaint unconditionally. 11)Respondent No.2 relinquishes all her rights, claims of whatsoever nature against Suresh Loganathan, likewise Suresh Loganathan also relinquishes all his rights, claims of whatsoever nature against respondent No.2. Both parties agree not to file any cases against each other or their parents under any law in future. 12)On the date of the MOU Suresh Loganathan is residing in U.S.A. and with his consent the present deed is entered by his father as G.P.A. Holder. The learned Addl. Public Prosecutor submitted that there is no objection to quash the C.Cs and D.V.C. inasmuch as both the parties settled the matter amicably. In view of the settlement arrived at between the parties, this Court is of the view that the proceedings in the C.Cs and D.V.C. can be quashed. Accordingly, all the Criminal Petitions are allowed and C.C.Nos.111 of 2010 and 742 of 2009 and D.V.C.No.10 of 2009 on the file of the Addl. Judicial Magistrate of First Class, Nizamabad, are hereby quashed. __________________ RAJA ELANGO, J 25th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.Nos.1557, 2812, 1620 and 2162 of 2010 (Allowed) 25th August, 2010 CBS