THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6276 of 2010 ORDER: This criminal petition is filed under section 482 of the Code of Criminal Procedure by petitioners – Accused Nos.1 to 4 seeking to quash the proceedings in Cr.No.11 of 2010 of Eluru Women Police Station, West Godavari District, registered for the offence punishable under sections 498(A) read with 34 of IPC and 3 and 4 of the Dowry Prohibition Act. The allegations against the petitioners and other accused according to the prosecution are that the first petitioner and the second respondent herein are husband and wife. Due to matrimonial disputes, both of them filed cases against each other. When the matter posted to today, learned counsel for the petitioners submitted that the parties entered into a compromise and also filed affidavit and Memorandum of Compromise, which runs as follows: “This Memorandum of Compromise is made and executed on this day of 1st June, 2010 at Hyderabad by and between Kammili Mangayya babu, S/o. Sobhanachala Vara Prasada Rao, aged 35 years, Occ: Cultivation, Near Kunda Venkateswara Rao Rice Mill, Ashok Nagar, Tiruvuru, Krishna District. (Herein after referred to as First Party) And Smt.Kammili Udaya Santhi, W/o. Aged 31 years, Occ: Housewife, R/o.RTC Colony, Near Market Yard, East Locks, Eluru, W.G.District. (Hereinafter referred to as Second Party) Whereas the first party and second party are husband and wife and their marriage was performed on 12.06.2005 at Ambedkar Bhavan, Eluru as per Hindu rites and customs in the presence of relatives and friends of both parties. Whereas after the marriage, some misunderstandings and differences arose between the first and second paty and in this connection, the First Party filed O.P.No.70/2008 for divorce and Second Party filed O.P.No.22 of 2008 for restitution of conjugal rights on the file of the Hon’ble Family Judge, West Godavari, Eluru. That O.P.No.70/2008 filed by the First Party was dismissed and the O.P.No.70/2008 was allowed. Against the said order, the First Party carried the matter to the Hon’ble High Court of A.P. by filing two appeals, viz., F.C.A.No.190 and 193 of 2008. While the above said appeals are pending, the Second Party had lodged a complaint before the Eluru Women P.S., and a case in Cr.No.11/2010 was registered against First Party and his parents and younger brother for the offence U/Sec.498-A IPC and Sec.4 and 6 of D.P.Act. AND WHEREAS, the parties hereto have come to an understanding to settle the issue forever and accordingly entered into this Memorandum of Compromise by reducing into writing with the following terms and conditions. NOW THIS MEMORANDUM OF COMPROMISE WITNESSETH AS FOLLOWS: 1) That the parties hereto have agreed to withdraw all the cases i.e., F.C.A.No.190 and 193 of 2008 pending before the Hon’ble High Court of A.P. and also the Cr.No.11/2010 on the file of the Eluru Women P.S. 2) That the First Party has agreed to pay an amount of Rs.2,50,000/- to the Second Party towards permanent alimony. 3) That both the parties have agreed to live separately without causing any interference with either of their lives. 4) The Second Party has agreed that she will not claim maintenance or share in the properties owned and to be acquired by the First Party in future. 5) Both the parties have agreed to return the presentations given at the time of the marriage. In witness whereof, the parties hereto have set their hands and signed this Memorandum of Compromise, on this day the 7th of July 2010 in the presence of the witnesses.” The court perused the entire record. The offence is under Sections 498(A) of IPC and 3 and 4 of the Dowry Prohibition Act. It is a family dispute between the husband and wife. Now, they are inclined to lead normal life by way of compounding the offence. In view of the same, this Court is inclined to pass an order in favour of the petitioners. Accordingly, recording the said compromise, the proceedings pending against the petitioners in Crime No.11 of 2010 on the file of Eluru Women Police Station, West Godavari District, are hereby quashed. The Criminal Petition is accordingly allowed. ___________________ JUSTICE RAJA ELANGO 16th July 2010 Rns