IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 5123 of 2005 Between: N. Veeraiah, S/o N. Narayana, R/o Vertex Paradise, Nizampet Road, Kukatpally Post, Hyderabad-72, Ranga Reddy District. ..... PETITIONER AND 1 The Station House Officer, Kukatpally Police Station, Kukatpally, Hyderabad, Ranga Reddy District. 2 Smt. N. Kavitha, W/o N. Veeraiah, R/o Thamminenipalem Village, Chintakani Mandal, Khammam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of mandamus, declaring the F.I.R.No. 192/2005, dt. 3-3- 2005 registered by the 1st Respondent herein against the Petitiioner and his family members, as illegal, null , void and arbitrary, and to pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.DURGA PRASAD Counsel for the Respondent No.: GP FOR HOME The Court made the following : Form-NIC-OGS/WP{AVLR} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.5123 OF 2005 ORDER: The petitioner seeks to issue a writ of mandamus to set- aside the First Information Report (F.I.R) No.192 of 2005 dated 3-3-2005 on the file of the Station House Officer, Kukatpally Police Station. The learned counsel appearing for the petitioner submits that the said crime was registered on a complaint given by the second respondent- wife of the petitioner. It is stated that the marriage of the petitioner with the second respondent was dissolved as per the compromise decree passed by the High Court in C.M.A.No.164 of 2005 dated 28-4-2008 and according to Clause (2)(c) of the compromise decree, the second respondent herein has agreed to withdraw the criminal case on the file of the III Metropolitan Magistrate, Rangareddy District which was filed by her under Section 498-A of the Indian penal Code. Having regard to the facts and circumstances of the case, it is for the respective parties to take appropriate steps as per the aforesaid compromise decree and it is for the concerned Court to take appropriate decision or the concerned police to file appropriate report at the instance of the complainant and the petitioner, but on the ground that there is a compromise decree, the F.I.R., cannot be set aside or quashed. Having regard to the facts and circumstances of the case, the writ petition is dismissed, with a liberty to the petitioner to work out the remedies in accordance with law. No order as to costs. ________________ V.ESWARAIAH,J Date: 2-07-2008. Shr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Kukatpally Police Station, Kukatpally, Hyderabad, Ranga Reddy District. 2 Smt. N. Kavitha, W/o N. Veeraiah, R/o Thamminenipalem Village, Chintakani Mandal, Khammam District. 3.2CCs to 4.2CD copies