IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.9866 OF 2009 Between : Pera Harish and others. ....PETITIONERS A N D The State of A.P. and another …RESPONDENTS THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.9866 OF 2009 ORDER: This Criminal Petition under Section 482 of Cr.P.C. is filed by the petitioners seeking to quash the proceedings in C.C.No.185 of 2009, on the file of the X Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District. 2. Today the matter has come up today for hearing, the petitioners and respondent No.3 / defacto complainant are present and the petitioners filed a petition under Section 32 read with Section 482 Cr.P.C. before this Court expressing their willingness to compromise the issue. The respondent No.3 / defacto complainant also informed to the Court that she is not willing to proceed further in this case. The following are the terms of the compromise: a) “The petitioner No.1 and the respondent No.3 agreed to dissolve their marriage by a decree of divorce by mutual consent and accordingly, they agreed to file original petition for dissolving their marriage by mutual consent, before the Family Court, Secunderabad. Both parties shall cooperate with each other in filing necessary application, pursuing the same and also appear before the Court as and when necessary. Each of them give such undertaking through this memorandum before this Court. b) The petitioner No.1 has agreed to pay an amount of Rs.8,50,000/- (Rupees eight lakhs fifty thousand only) to respondent No.3 towards full and final settlement of all her claims including her claim towards permanent alimony. The petitioner No.1 through petitioner No.3, has this day paid a sum of Rs.7,00,000/- (Rupees Seven lakhs only) to respondent No.3 by way of Banker’ cheque bearing No.338539 dated 09.06.2010 drawn on State Bank of India towards part-payment of said amount. The balance of Rs.1,50,000/- (Rupees One lakh fifty thousand only) shall be paid by petitioner No.1 to respondent No.3 on the date of passing decree in O.P. filed for divorce for mutual consent and the said amount of Rs.1,50,000/- by way of Banker’ cheque bearing No.025021 dated 10.07.2010 drawn on Bank of India favouring of respondent No.3 herein is kept with either side counsel, to be handed over to respondent No.3 on the date of passing of decree of divorce by mutual consent by the concerned Family Court. The petitioners undertake to get the validity of the Banker’ cheque extended till the date of termination of the proceedings before the Family Court, prior to the expiry of the current period, failing which the counsel is entitled to hand over the said banker cheque to respondent No.3 for encashment. c) In the light of the above stated facts and circumstances, the proceedings in C.C.No.185 of 2009 on the file of X Metropolitan Magistrate, Cyberabad, Malkajgiri, shall stand quashed and the bail bonds be released. d) The respondent No.3 hereby withdraws the Crl.P.No.2775 of 2010 pending on the file of this Court. e) The petitioner No.1 through petitioner No.3 is entitled for return of bank guarantee for Rs.10,00,000/- drawn on State Bank of Hyderabad, Penderghast road, Secunderabad bearing No.13/2008-2009 deposited pursuant to the orders in Crl.P.No.1062 of 2009 passed by this Court. f) With this settlement, neither party shall have any further claim against other except the amount covered as referred to in paragraph (B) supra and neither party is entitled to raise any further claim against other and all claims shall deemed to have been finally and amicably settled. g) The respondent No.3 and petitioner No.1 withdraw the allegations and counter allegations made against each other in the course of the Court proceedings and further agree not to interfere in each other’s life in future”. 3. The learned Public Prosecutor also stated no objection for the same. 4. In view of the compromise entered into between the parties, this Court is of the view that there is no need to proceed further in this matter. Accordingly, the proceedings in C.C.No.185 of 2009 on the file of the X Metropolitan Magistrate, Cyberabad at Malkajgiri are hereby quashed. 5. Accordingly, the Criminal Petition is allowed. _________________________ JUSTICE RAJA ELANGO JULY 14, 2010. YVL