HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3619 OF 2009 ORDER: This criminal petition is filed by the petitioner-accused No.1, under Section 482 Cr.P.C., seeking to quash C.C.No.243 of 2006 on the file of the XIII Addl. Chief Metropolitan Magistrate, Hyderabad, taken on file for the offences punishable under Section 498-A IPC and Sections 4 and 6 of the Dowry Prohibition Act. It is submitted by the learned counsel for the petitioner as well as the learned counsel for the defacto complainant, 2nd respondent herein, that during pendency of the criminal petition, the matter is settled out of Court amicably between the parties and therefore prayed to quash the proceedings in the aforesaid C.C. The G.P.A. Holder of the petitioner and the 2nd respondent 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 petitioner have compromised the matter amicably and therefore she intends to withdraw the criminal proceedings pending against the petitioner and other accused before the Court. She also filed an affidavit before this Court, which runs as follows: “I have filed a dowry harassment case before the WPS, Begumpet, Hyderabad in Crime No.99/05 dated 23.11.2005 for the offences under Section 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act against my husband and in-laws. Due to intervention of the elders of the both families and head of the community people, both the petitioner, who was my husband, and I decided to settle the marital dispute amicably. I agreed to withdraw the criminal case registered for the offences under Section 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act i.e. C.C.No.243 of 2006 on the file of XIII A.C.M.M., Nampally, Hyderabad, against the petitioner and all other accused and I am no longer interested in pursuing the case.” In terms of the compromise, the petitioner and the 2nd respondent have entered into a Memorandum of Understanding dated 20.08.2010, which runs as follows: 1) The marriage of the petitioner and respondent No.2 was solemnised on 05.08.2001. 2) The petitioner and respondent No.2 started living separately from January 2005. 3) The petitioner filed a petition for divorce in USA District Court, Bangor, vide Case No.BANDC/FM/2006/33. The divorce was granted on 06.06.2006. Likewise, respondent No.2 herein filed a divorce case in O.P.No.20/2006 before Family Court, Secunderabad, and obtained divorce. 4) Respondent No.2 filed a dowry harassment case before the W.P.S., Begumpet on 23.11.2005 for the offences under Section 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act. 5) The petitioner and respondent No.2 submits that due to intervention of the elders of both the families and head of the community people, both the petitioners decided to settle marital dispute amicably. 6) Respondent No.2 is agreed to accept the divorce of the petitioner obtained in USA. Likewise, the petitioner agreed to accept the divorce obtained by respondent No.2 in India. 7) Respondent No.2 agrees that she has no claims for maintenance and alimony against the petitioner. 8) The petitioner hereby pays an amount of Rs.4,00,000/- towards full and final settlement to respondent No.2. 9) The petitioner hereby pays an amount of Rs.4,00,000/- through D.D.No.000952 drawn on I.C.I.C.I. Bank, dt.19.08.2010 to respondent No.2. 10)Respondent No.2 agreed to withdraw the criminal case registered for the offences under Section 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act on the file of the XIII A.C.C.M., Nampally against the petitioner and all other accused. 11)Respondent No.2 relinquished all her rights and claims of whatsoever nature against the petitioner. Likewise, the petitioner also relinquishes all his rights and claims of whatsoever nature against the respondent No.2. Both parties do not file any cases against each other or their parents under any law in future. 12)The petitioner withdraws all the allegations made against respondent No.2 unconditionally in divorce O.P. Likewise, respondent No.2 also withdraws all the allegations made in the criminal complaint and divorce O.P. unconditionally. 13)There are no issues (children) out of the wedlock. 14)On the date of the M.O.U., Chada Venkata Gopal Reddy, 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.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 C.C.No.243 of 2006 on the file of the XIII Addl. Chief Metropolitan Magistrate, Hyderabad, is hereby quashed. __________________ RAJA ELANGO, J 20th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3619 OF 2009 (Allowed) 20th August, 2010 CBS