HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1314 of 2011 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.1 and 2, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in C.C.No.835 of 2008 on the file of the IX Metropolitan Magistrate, Kukatpally at Miyapur, Rangareddy District, taken on file for the offence under Section 498-A IPC. It is submitted by the learned counsel for the petitioners as well as the 2nd respondent-defacto complainant that during pendency of the Criminal Petition, the matter is compromised between the parties. Therefore, they prayed to quash the proceedings in the C.C. The petitioners 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 on the advice of elders and well-wishers, herself and the petitioners have compromised the matter out of Court and therefore she intends to withdraw the criminal proceedings pending against the petitioners with free will and consent and there is no coercion or undue influence from any other side for the same. She also filed an affidavit before this Court which runs as follows: “I am the deponent herein and 2nd respondent in the above Criminal Petition and as such I am well acquainted with the facts of the case. I respectfully submit that the 1st petitioner is my husband, the 2nd petitioner is younger brother of my husband and our marriage was performed on 28.11.2002 at my parents’ house. After marriage, we both lived happily for some time. Thereafter, some disputes arose between me and my husband and I gave police report to the Madhapur police station against my husband, brother-in-law and my mother-in-law. The said report was registered by the police in Crime No.320/2008 for the offence under Section 498-A IPC and after investigation police filed charge sheet against the petitioners only and numbered as C.C.No.835/2008 under the said section and the same is pending before the Hon’ble IX Metropolitan Magistrate, Kukatpally at Miyapur, R.R.District. I further submit that myself and my husband have compromised the matter at the intervention of elders and well wishers of both families. As per compromise, myself and the 1st petitioner agreed to file a petition for divorce by mutual consent. On 24.1.2011 myself and 1st petitioner filed divorce petition by mutual consent under Section 13-B of the Hindu Marriage Act before the Hon’ble Judge, Family Court, Ranga Reddy District at L.B.Nagar. As per compromise, the 1st petitioner agreed to pay a sum of Rs.2,50,000/- to me towards permanent alimony and out of which the 1st petitioner herein paid a sum of Rs.1,00,000/- to me on 24.1.2011 by way of cash and an amount of Rs.50,000/- will be paid at the time of withdrawal of Criminal Case in C.C.No.835/2008. I submit that the petitioners herein filed the above quash petition seeking to quash C.C.No.835/2008 and the 1st petitioner has paid the sum of Rs.50,000/- to me by way of cash at the time of withdrawing/quashing of C.C.No.835 of 2008 as agreed above and remaining amount of Rs.50,000/- will be paid by the 1st petitioner at the time of divorce granted by the Family Court and Rs.50,000/- will be deposited in the name of my minor son Hemanth Kumar towards his maintenance at the time of obtaining the decree of divorce, for which I have accepted. I further submit that I have agreed that I will not make any claim for further amount from the 1st petitioner or his family members in future. I and my minor son filed maintenance case vide M.C.No.305/2008 before the Hon’ble Judge, Family Court, Ranga Reddy District at L.B.Nagar and the same was disposed of on 20.12.2010 by awarding maintenance of Rs.2,000/- p.m. to me and Rs.1,000/- p.m. to my son. I also agreed that I will not proceed with the said maintenance order. I and my minor son do not claim future or further amount from the 1st petitioner. We both parties agreed that we will not file cases against each of them in future. As per compromise, I received permanent alimony and I am withdrawing the criminal case in C.C.No.835/2008 on the file of the IX Metropolitan Magistrate, Kukatpally, at Miyapur, Ranga Reddy District and pray to acquit the petitioners/Accused Nos.1 & 2 in the said offence.” 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 the light of the compromise 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 the proceedings in C.C.No.835 of 2008 on the file of the IX Metropolitan Magistrate, Kukatpally at Miyapur, Rangareddy District, are hereby quashed. Miscellaneous Petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 17th February, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1314 of 2011 (Allowed) 17th February, 2011 CBS