THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.5097 OF 2010 ORDER 1 This is a petition to quash the proceedings in C.C.No.303 of 2007 on the file of the court of the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad registered for the offences punishable under section 498-A r/w 34 of IPC and under sections 4 and 6 of the Dowry Prohibition Act. 2 Brief facts are that the first petitioner herein married the 2nd respondent herein on 04.05.2001. However, because of certain differences etc., or harassment for dowry they are living separate and the 2nd respondent i.e. wife filed a compliant before the Women P.S. CCS, Hyerabad pursuant to which a case in Cr.No.687 of 2005 was registered on 10.09.2005 against the petitioners herein who are son and mother respectively for the offence stated supra. After investigation a charge sheet was filed and the same was numbered as C.C.No.303 of 2007 on the file of the court of the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. 3 It appears, the husband i.e. first petitioner herein approached the Family Court and filed FCOP No.134 of 2006 under section 13(1) of the Hindu Marriage Act seeking divorce and the said Family Court having agreed with the husband i.e. first petitioner herein, vide its judgment and decree dated 18.8.2008 dissolved the marriage between the parties. As against the said judgment and decree, the 2nd respondent herein approached this court and filed FCA No.223 of 2008 and the same is pending in this court. In the light of the said divorce order, the petitioners approached this court and filed the present petition invoking the jurisdiction of this court under section 482 of Cr.P.C. to quash the proceedings in C.C.No.303 of 2007 on the file of the court of the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. 4 Further, it appears that there was a compromise between the parties and in that regard, they approached this court and filed a memorandum of compromise in FCA MP No.337 and a Division Bench of this court heard the matter. The terms and conditions of the said compromise are as follows: 1. That in pursuance of the above said compromise the respondent herein on this day paid sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the petitioner / appellant herein through DD bearing No.255587 dated 31.05.2010 drawn on Andhra Bank, MG Road Branch, Secunderabad drawn in favour of “RADHIKA MAHINDRAKAR” (as petitioner / appellant’s account is in such fashion and on her request) towards Permanent Alimony. The petitioner / appellant herein on receipt of above said amount relinquishes all her rights of maintenance including past and future. Hereinafter the parties hereto have no rights or claims against each other in any manner of whatsoever in nature. 2. The petitioner / appellant herein agreed and undertake to withdraw the Criminal Case vide CC No.303 of 2007 filed against respondent and his parents pending on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad. 3. The petitioner / appellant agreed that the present FCA No.223 of 2008 to dismiss as withdrawn thereby confirming the Judgment and Decree dated 18.08.2008 in FCOP No.134 of 2006 passed by Family Court, Hyderabad. 4. The parties hereto shall bear costs their own. 5 In the light of the said compromise entered into between the part5ies, this court vide its order dated 14.06.2010 while recording the said compromise dismissed the said FCA No.223 of 2008, confirming the orders passed by the trial court i.e. decree of divorce dated 18.08.2008. In view of the said compromise and also the orders passed by this court on 14.06.2010 the parties approached this court and stated that this case also may be closed as not pressed. 6 Parties are present before the court today. When questioned the 2nd respondent i.e. wife stated that she is a party to the said compromise and the terms of the said memorandum of compromise have been complied with. In the light of the said compromise entered into between the parties and that the marriage itself between the parties is dissolved, this court is of the view that this petition can be allowed. 7 Accordingly, this Criminal Petition is allowed and the proceedings in C.C.no.303 of 2007 on the file of the court of the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad registered for the offences punishable under section 498-A r/w 34 of IPC and under sections 4 and 6 of the Dowry Prohibition Act against the petitioners are hereby quashed. ---------------- Kvsn 16.06.2010