HONOURABLE SRI JUSTICE RAJA ELANGO Crl.P.No. 7366 of 2010 Date: 10-08-2010 Between : Mohd. Abed Hussien and others …. Petitioners and The State of A.P. & another … Respondents HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 7366 of 2010 ORDER: This Criminal Petition has been filed, under Section 482 of Cr.P.C., by the petitioners/A-1 to A-3 seeking to quash the proceedings in C.C.No.32 of 2009 on the file of the Judicial First Class Magistrate (Spl Mobile) Court, Mahabubnagar Town, Mahabubnagar District, registered for the offences punishable under Sections 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act. The case of the prosecution is that the first petitioner married the second respondent (complainant) and at the time of marriage, the parents of the second respondent gave cash, silver and other gold ornaments and also household articles. After three months of their peaceful conjugal life, the first petitioner started harassing the second respondent at the instructions of the third petitioner and that in the second week of February, 2008 all the petitioners beat the second respondent and demanded additional dowry and necked out her from the house. It is further alleged that on 20-02-2008 when the elders tried to pacify the matter, the petitioners stated that unless their demands are fulfilled, the first petitioner will give divorce to the second respondent. Therefore, the second respondent gave a report to the police and basing on the same, the crime is registered. Both the parties are present along with their counsel. The learned counsel for the second respondent filed the affidavit of the second respondent before this Court, wherein the second respondent stated that she herself pronounced Talaq by way of khula in the presence of her parents and other relatives and the same was witnessed by the community elders and the first petitioner also accepted the same. It is further stated that she received entire jahez articles and other items from the first petitioner and further got married another person and is leading marital life and therefore, she is not interested to prosecute the case. In view of the affidavit filed by the second respondent, this Court is of the opinion that continuation of criminal proceedings against the petitioners in C.C.No.32 of 2009 will be a futile exercise. Therefore, the Criminal Petition is allowed and the proceedings against the petitioners in C.C.No.32 of 2009 on the file of the Judicial First Class Magistrate (Spl. Mobile) Court, Mahaboob Nagar, are hereby quashed. ___________________ JUSTICE RAJA ELANGO Date: 10-08-2010 YCR