THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2485 of 2011 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in C.C.No.15 of 2004 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, whereby they are facing charge for the offence punishable under Sections 498-A of IPC and 4 and 6 of the Dowry Prohibition Act. 2. Heard. 3. Today, the de facto complainant – Mohd.Shameem Sultana @ Saber and the revision petitioners-accused are present. The de f a c t o complainant filed her household card bearing No.WAP178500400105 in proof of her identity. Petitioners filed the Matrimonial settlement deed entered into by both the parties, wherein the terms and conditions are mentioned as follows: i. That the first party has collected a sum of Rs.29,000/- (Rupees twenty nine thousand only) from the Qaziath Office towards her maher amount and iddath period maintenance which was deposited by the party No.1 of the second party; ii. That the second party has agreed to refund a sum of Rs.1,10,021/- to the first party in the first week of July 2011, which was taken by them in connection with the marriage for purchasing tractor. And on receipt of the said amount the first party has to acknowledge the receipt of the same by passing a receipt to that effect; iii. That the jahez articles, which was given to the first party at the time of marriage is with the second party and the first party hereby relinquish her right over the same in favour of the minor daughters for their sole use; iv. That the second party has agreed to return four tulas of gold to the first party as per his convenience and the first party undertakes that she will not make any demand for return of the gold from the second party; v. That minor children namely 1) Asma Jabeen and 2) Uzma Jabeen who are presently residing with the party No.1 of second party shall remain in the custody of the party No.1 of the second party and the second party hereby undertakes that they will provide all sorts of amenities such as food, clothing, education, shelter, medication etc., and he takes the responsibility that he will perform their marriages; vi. That the first party shall withdraw her case in C.C.No.15 of 2004, M.C.No.23 of 2005 pending on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad; vii. That the second party shall send the minor daughters to the first party to stay along with her during all holidays and important occasions, festivals and whenever she requires; viii. That both the parties undertake that they will not file any sort of civil or criminal cases against one another in future and if so it shall be treated as null and void; ix. That both the parties are at liberty to lead their own life without the interference of one another in future. 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. 4. As the matter arises out of matrimonial disputes and as the complainant herself reported that the matter is settled and in view of the provision under Section 320 Cr.P.C., under which the petitioners are entitled for acquittal, the Criminal Petition is allowed and the accused ares acquitted under Section 320(8) Cr.P.C. 5. Miscellaneous petitions filed along with the criminal petition, if any, shall stand closed. ________________ RAJA ELANGO, J. 18th March 2011, Rns.