THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR FAMILY COURT APPEAL No.192 of 2010 AND FAMILY COURT APPEAL (SR) No.40024 of 2010 Dated:- 29th November, 2010 Between:- Polisetty Ramu …Petitioner AND Kaliki (Polisetty) Pratibha Rani …Respondent THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR FAMILY COURT APPEAL No.192 of 2010 AND FAMILY COURT APPEAL (SR) No.40024 of 2010 COMMON JUDGMENT:- (per Hon’ble Sri Justice N.V.Ramana) Both these appeals are directed against the common order dated 13.07.2010, passed in HM O.P.Nos. 9 and 14 of 2008 by the Judge, Family Court – cum – Additional District Judge, Guntur, whereby and whereunder, both the petitions, i.e., HM O.P.No.9 of 2008 filed by the respondent herein/wife for restitution of conjugal rights with the appellant herein/husband and HM O.P.No.14 of 2008 filed by the appellant herein/husband for dissolution of marriage with the respondent herein/wife, were dismissed. 2. F.C.A.No.192 of 2009 is filed by the appellant/ husband and F.C.A.(SR) No.40024 of 2010 is filed by the respondent/ wife challenging the above referred common judgment of the Court below. As both the matters are connected, they were ordered to be listed together by this Court. Both the matters underwent several adjournments and when the matter came up for consideration before this Court on 24.11.2010, both the learned counsel represented that the parties are willing to settle the matter amicably out of the Court and agreed to file a Memorandum of Compromise to that effect and, therefore, the matter was directed to be posted for compromise by this Court. 3. Today when the matter is called, learned counsel for the appellant filed the Memorandum of Compromise before this Court duly signed by both the parties and their respective counsel and also by the father of the respondent/wife, stating that the allegations and counter allegations made against each other in HM O.P.Nos.9 and 14 of 2008 before the Court below are withdrawn; the appellant has agreed to pay a sum of Rs.28,00,000/- to the respondent in full and final settlement of all her claims including permanent alimony; the respondent withdraws A.S.No.224 of 2009 pending on the file of the II Additional District Court, Guntur, M.C.No.44 of 2009 pending on the file of the Family Court, Guntur, C.C.No.574 of 2008 pending on the file of the II Additional Munisif Magistrate – cum – Court of Excise Prohibition, Guntur, and C.C.No.214 of 2007 pending on the file of the Special Mobile Court, Guntur; and the respondent relinquish all her claims in respect of the properties of the appellant including the claim for maintenance and undertakes not to file any civil or criminal proceedings against the appellant and his family members. 5. The appellant/husband, respondent/wife and the father of the respondent/wife are present in-person before this Court today and they have identified each other. The contents of the Memorandum of Compromise were read over and explained to both of them by their respective counsel and both the parties have agreed to abide themselves by the terms and conditions stipulated in the said Memorandum of Compromise. The appellant/husband has handed over four Demand Drafts bearing Nos.024751, 024752, 024753 and 024754 drawn on UCO Bank, Banjara Hills Branch, Hyderabad, in favour of ‘Prathibha Rani K’ – the respondent herein, payable at Governorpet, Vijayawada of Rs.7,00,000/- each (total Rs.28,00,000/- (Rupees Twenty Eight Lakhs only)) to the respondent herein and the respondent herein has acknowledged the same. The appellant/husband has also handed over an amount of Rs.78,000/- (Rupees seventy eight thousand only) by way of cash to the respondent/wife towards the balance of maintenance amount awarded to her. 6. At this juncture, learned counsel for the respondent/wife, relying on the judgment in case between B. S. Joshi Vs. State of Haryana[1], submits that in view of the compromise entered into between both the parties, he prays this Court to pass orders quashing all criminal proceedings in C.C.No.574 of 2008 pending on the file of the II Additional Munisif Magistrate – cum – Court of Excise Prohibition, Guntur, and C.C.No.214 of 2007 pending on the file of the Special Mobile Court, Guntur. Since both the parties have settled the matter amicably out of the Court and filing Memorandum of Compromise is only a formality, we deem it appropriate to quash all criminal proceedings against the parties. 7. Having regard to the facts and circumstances of the case and in view of the Memorandum of Compromise filed by the parties before this Court which is placed on record, we are inclined to pass orders as follows:- i) The Memorandum of Compromise is recorded and F.C.A.No.192 of 2010 is allowed by setting aside the award passed by the Court below. Consequently, the marriage solemnized on 20.06.2003 between the appellant and the respondent stands dissolved by granting decree of divorce in terms of the settlement agreed between both the parties. ii) In view of the order passed in F.C.A.No.192 of 2010, no separate orders need be passed in F.C.A. (SR)No.40024 of 2010, which is accordingly dismissed. iii) All criminal proceedings against both the parties in C.C.No.574 of 2008 pending on the file of the II Additional Munisif Magistrate – cum – Court of Excise Prohibition, Guntur, and C.C.No.214 of 2007 pending on the file of the Special Mobile Court, Guntur, are hereby quashed. 8. There shall be no order as to costs. _______________________ JUSTICE N.V.RAMANA _______________________________ JUSTICE B.CHANDRA KUMAR 29th November, 2010 Bvv [1] AIR 2003 SC 1386