HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8538 OF 2010 ORDER: This criminal petition is filed by the petitioners-accused, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in C.C.No.315 of 2010 on the file of the 13th Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad, taken on file for the offences punishable under Sections 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioners that during pendency of the criminal petition, the matter was settled out of Court amicably between the parties and therefore prayed to quash the proceedings in the aforesaid C.C. The defacto complainant, 2nd respondent herein, and her father-in-law, 2nd petitioner herein, 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 compromised 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 an affidavit before this Court which runs as follows: “On the basis of the report lodged by me before the Inspector of Police, Women Police Station, Secunderabad, against the petitioners herein who are my husband and in-laws, a case in crime No.153 of 2010 was registered against them for the offences under Section 498-A and Sections 3 and 4 of Dowry Prohibition Act. The police after causing investigation and after examining the L.Ws.1 to 6 have filed a charge sheet before the 13th Chief Metropolitan Magistrate, Hyderabad, and the learned Magistrate was pleased to take on file and numbered the same as C.C.No.315 of 2010 for the offences under Section 498-A and Sections 3 and 4 of Dowry Prohibition Act. It is submitted that my marriage was performed with the 1st petitioner/A.1 on 21.2.2007 at Nizamabad as per Hindu rites and customs. On demand of my husband and in-laws, my parents paid a cash of Rs.10 lakhs as dowry and 25 tulas of gold jewellery, 2 kgs silver articles, furniture and other household articles apart from spending an amount of Rs.3 lakhs towards marriage expenses. After the marriage I have joined the company of the 1st petitioner/A.1 in my in-laws house at Vinayakanagar Nizamabad. My husband i.e. petitioner No.1, my in-laws i.e. Accused Nos.2 and 3 who are the petitioners 2 and 3 herein and my brother-in-law Srinivas started demanding to bring additional dowry from my parents. My husband i.e. the 1st petitioner used to harass me that he is very handsome and if he married another girl, he would get Rs.50 lakhs dowry and I am not suitable to him, and if I want to lead marital life with him I should bring additional dowry from my parents and tortured me mentally and physically and assaulted me and kicked in my stomach. The petitioner No.3/A.3 used to quarrel with me and not given food to me and they used to abuse my parents by phone and not allowed them into their house and if they come to their house to see her abused them and demanded them additional dowry. My husband i.e. petitioner No.1 worked at Nagapur and after several requests he took me to Nagapur after four months of our marriage. There he has disclosed that he is having relationship with one Kavita. He demanded additional dowry. My husband is a habitual drunker and he used to bring alcohol to home and made me to drink forcibly. In these circumstances, I have filed a complaint dated 29.10.2008 before the Inspector of Police, Women Police Station, Begumpet. The police have registered the case in Crime No.153 of 2008. The police after causing investigation have filed a charge sheet before the 13th Chief Metropolitan Magistrate, Hyderabad alleging the offences under Section 498-A and Sections 3 and 4 of Dowry Prohibition Act and the learned Magistrate was pleased to take on file and numbered the same as C.C.No.315 of 2010. It is submitted that at the intervention of the elders and well wishers the matrimonial dispute was compromised and to that effect a settlement deed- cum-MOU was entered into. Pursuant to the said settlement deed-cum-MOU the petitioners/accused have paid an amount of Rs.8,00,000/- (Rupees Eight lakhs only) by way of two demand drafts to me towards full and final settlement with regard to all my claims past, present and future and I have received the amounts to my full satisfaction. In view of the compromise arrived at between us I want to withdraw all the cases filed against the petitioners/accused and I not interested to prosecute the criminal case which I have filed. I submit that the matrimonial dispute was settled in order to maintain peace between the peace between two families and to lead our lives peacefully according to our wish. It is further submitted that after receipt of the above mentioned amount I have withdrawn the domestic violence case vide DVC No.5 of 2010 on the file of IV Metropolitan Magistrate, Hyderabad. Pending the above mentioned domestic violence case as well as the criminal case, I have also filed O.P.No.209 of 2010 on the file of the Family Court, Secunderabad under Section 13(1( (ib) of Hindu Marriage Act for dissolution of my marriage dated 21.07.2010 with the petitioner No.1 on the ground of desertion and cruelty and obtained decree of divorce on 02.08.2010. It is submitted that the Hon’ble Supreme Court held that if the offences are not compoundable, this Hon’ble Court can exercise inherent powers and compound the offences especially in matrimonial matters. Therefore, I pray that I may be permitted to compound the offences with the petitioners/accused and they may be acquitted of all the charges.” The learned Addl. Public Prosecutor submitted that there is no objection to quash the C.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.C. can be quashed. Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioners in C.C.No.315 of 2010 on the file of the 13th Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed. __________________ RAJA ELANGO, J 25th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8538 OF 2010 (Allowed) 25th August, 2010 CBS