IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9460 OF 2009 BETWEEN: 1. Sumanth Kumar Deva S/o. Suman Kumar Deva 2. Suman Kumar Deva S/o late Erranna 3. Smt. Susheela W/o. Suman Kumar Deva …. Petitioners/Accused Nos.1 to 3 AND 1. The State, rep. by the Public Prosecutor, High Court of A.P., Hyderabad. 2. Smt. Sucharitha Thokala …. Respondents THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9460 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners Sumanth Kumar Deva, Suman Kumar Deva, Smt. Susheela, accused Nos.1 to 3 respectively, seeking to quash the proceedings against them in C.C. No.15 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate at Hyderabad in Crime No.29 of 2006 of Central Crime Station, Hyderabad registered for the offences under Sections 498-A IPC and 4 & 6 of Dowry Prohibition Act, 1961. 2. Heard. 3. The petitioners herein are husband and parents-in-law respectively, of the de facto complainant Smt. Sucharitha Thokala. 4. On 12-11-2009, it was reported to this Court that a Family Court Appeal being F.C.A. No.261 of 2008 is pending between the parties in this Court and petitioner No.1 - husband agreed to withdraw the same and this Court observed that such withdrawal is one of the conditions for quashing this criminal petition. 5. Today, Thokala Chalapathi Rao, who is father of the de facto complainant, is present before this Court and in proof of his identity, he produced his original pension identity card bearing No.590 dated 20-07-2004 of the Indian Audit and Accounts Department, office of the Principal Accountant Genera Audit – I, Accountant General Audit – II, A.P., Hyderabad, which contains his photograph showing his residence as Plot No.111, Padmanabha Nagar, Hyderabad-28 and he was also identified by his counsel. 4. Further, it is reported by both the counsel that the parties have settled the matter out of Court under a Memorandum of Understanding dated 16-11-2009, a copy of which is filed before this Court, and that petitioner No.1 had withdrawn the F.C.A. No.261 of 2008 on 18-11-2009 and in pursuance of the memorandum of understanding dated 16-11-2009, petitioners handed over a Demand Draft bearing No.123350, dated 22-10-2009 of State Bank of India, Humayun Nagar Branch, Hyderabad, for an amount of Rs.3,00,000/- (Rupees three lakhs only) to the father of the de facto complainant before this Court. A xerox copy of the demand draft is filed before this Court. 5. On being questioned, the father of the de facto complainant also reported that the matter is settled between them and he received the demand draft referred above, as such, the proceedings against the petitioners in C.C. No.15 of 2007 may be quashed. 6. As the parties have amicably settled the matter between them out of Court and in view of the nature of the offence, the impugned proceedings against the petitioners can be quashed. 7. Accordingly, the Criminal Petition is allowed and the proceedings against all the petitioners in C.C. No.15 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate at Hyderabad are quashed. The copy of the joint memo dated 16-11-2009, which contains terms and conditions of the settlement, filed by both the parties and the xerox copies of the pensioner’s identity card of the father of the de facto complainant and the demand draft referred above shall form part of the record. 8. Accordingly, the Criminal Petition is allowed at the admission stage itself. _____________________ P. SWAROOP REDDY, J November 24, 2009. KTL