IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRIMINAL PETITION No.8300 of 2008 Between: Dr.Basith Hussain and another ..... PETITIONERS/A1 & A2 And The State of A.P., Rep.by Public Prosecutor, High Court of A.P. Hyderabad through P.S. W.P.S.South Zone, Hyderbad and another .....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE B.N.RAO NALLA CRIMINAL PETITION No.8300 of 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in CC.No.77 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate-cum-Mahila Court, Hyderabad, which Court has taken cognizance against the petitioners/A1 & A2 basing on the charge sheet filed by the Sub- Inspector of Police, Women PS South Zone Division, Charminar in Cr.No.144/2005 for the offence punishable under Secs.498-A, 406, 506 r/w.Sec.34 of IPC and under Secs.4 & 6 of Dowry Prohibition Act. Heard both sides. The learned counsel for the petitioners/A1 and A2 submits that the 2nd respondent/de facto complainant is the wife of the petitoner/A1, whereas petitioner/A2 is the mother of petitioner/A1; that due to differences between the de facto complainant and her husband-A1, on 06.06.2005 the 2nd respondent/de facto complainant preferred a police complaint against the petitioners/A1 & A2 and thereafter, on 08.06.2005 at the instance of the elders and will-wishers, both of them entered into settlement-cum-divorce and to that effect, the petitioner/A1 is agreed to pay an amount of Rs.90,000/- to the 2nd respondent/de facto complainant towards final settlement; that the 2nd respondent/de facto complainant has given consent to take divorce on receiving the said agreed amount and also on receiving all Jahez and Chadava articles and gold ornaments etc.; that in compliance with the said settlement deed, the petitioners/accused have paid all the amounts thereunder including Jahez and Chadava articles and gold ornaments and the police referred the case, but thereafter, the police, for the reasons best known to them, had laid charge sheet against the petitioners/accused; and that no relationship of husband and wife is existed between the petitioner/A1 and the 2nd respondent/de facto complainant, and therefore, prays to quash the proceedings in the above referred calendar case against the petitioners/A1 & A2. On the other hand, the learned Additional Public Prosecutor submits that the alleged settlement deed dated 08.06.2005 and divorce deed dated 22.06.2005 appear to be not genuine; that the 2nd respondent/de facto complainant had taken shelter under police complaint and her pursuing the case itself goes to show that there is some thing wrong with the alleged documents; and that the said calendar case is pending trial. The allegations in the charge sheet made out prima facie case against the petitioners/A1 & A2. Since the 2nd respondent/de facto complainant is pursuing the proceedings in the above referred calendar case, this Court is of the view that it is not a fit case to quash the proceedings against the petitioners/A1 & A2 in the above referred calendar case, by invoking the inherent powers under Sec.482 of Cr.P.C The Criminal Petition is accordingly dismissed. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. ____________________ B.N.RAO NALLA,J Dated: 17.11.2011 Dsr