THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7572 of 2011 ORDER: The petitioners – Accused 1 to 4 approach this Court by invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings against them in Crime No.183 of 2010 of Central Crime Police Station, Hyderabad, registered for the offence punishable under Section 498(A) and 406 of IPC and 4 and 6 of the Dowry Prohibition Act. 2. Heard both sides. 3. Today, the de facto complainant – Tinglekar Nischala and the petitioners are present. The complainant filed zerox copy of her pan card bearing No.ALSPT2308P in proof of her identity. The de facto complainant filed copy of memorandum of understanding along with the criminal petition, which is part and parcel of the record, stating that at the intervention of elders and well wishers, they settled the matter outside the court. The memorandum of understanding filed by the complainant runs as follows: MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and executed on this the 30th day of March 2011 at Hyderabad by and between: Sri N.Shishir Kumar, S/o.Lingeshwar, aged about 32 years, Occ: Pvt.Employee, R/o.1710 W Hill Crest Dr APT8, Newbury Park, CA – 91320, Represented by his GPA Holder N.Lingeshwar S/o.Late Laxman, aged about 64 years, Occ: Retd.Employee, Resident of H.No.3-2-80, Nimboli Adda, Kachiguda, Hyderabad. (Hereinafter called the ‘FIRST PARTY’ of the First Part). AND Smt.Nischala W/o.N.Shishir Kumar, aged about 25 years, Occ: Housewife, Resident of H.No.7/19/4, Niharika Enclaves, Medipally Village, Ranga Reddy District. (Hereinafter called the “SECOND PARTY” of the Second Part). WHEREAS the marriage between the First Party and Second Party was solemnized on 15.05.2009 at Bandi Gardens, Near Uppal Bus Depot, R.R.District, as per Hindu Customs and Rites and they lived together happily some time and they have no children between their matrimonial life. WHEREAS differences and mis-understanding arose between both the parties due to which there is no marital relationship between the parties and both of them residing separately from each other for more than one year and the Second Party filed a criminal case before PS WPS CCS Hyderabad against the First Party and his family members and the same is pending before the Hon’ble XIII Metropolitan Magistrate, Ranga Reddy Courts, vide Crime No.183 of 2010. WHEREAS as per advice and mediation of the elders and well wishers both the parties have mutually agreed to settle the disputes in order to settle the issue forever and entered into this MOU with the following terms and conditions. NOW THIS MEMORANDUM OF UNDERSTANDING WITNESSETH AS UNDER: 1. That the First Party and Second Party have decided to file a divorce petition by way of mutual consent which will be presented before the proper court for dissolving the marriage between them. 2. that the first party has further agreed to pay an amount of Rs.4,60,000/-(Rupees four lakhs sixty thousand only) towards full and final settlement to the Second Party for maintenance and permanent alimony to the second party. 3. that the first party has paid an amount of Rs.1,30,000/- (Rupees one lakh thirty thousand only) towards part payment to the second party and the same is acknowledged by the second party. 4. the first party undertakes to pay the balance of Rs.3,30,000/-(Rupees three lakhs thirty thousand only) on the date of decree of divorce granted by family court. 5. that the first party agreed to hand over the jewellery of the second party at the time of the closing of criminal case, Crime No.183 of 2010 and the same is pending before XIII Additional Chief Metropolitan Magistrate, Hyderabad. 6. that both the parties shall not have financial or any other claims against each other. 7. that the second party has agreed to forfeit her right of maintenance and she will not make any further financial or any other claims in future against the first party and his family. 8. that both the parties shall not file any cases against each other. 9. In case of non-cooperation or non-compliance of any of the terms of this M.O.U. shall be treated as cheating and such party who is default shall be liable for criminal prosecution. 4. When questioned also, the complainant reported that the matter is settled out of court between herself and her husband and prays to acquit the accused. 5. For compounding the offence, the petitioners-accused and the 2nd respondent-complainant are directed by this Court to pay an amount of Rs.5000/-(Rupees five thousand only) towards costs before the Legal Services Authority, Hyderabad and accordingly, they paid the same before the said authority vide receipt No.213 dated 26.08.2011 6. As the matter arises out of matrimonial disputes and as the complainant herself reported that the matter is settled, there is no need for further investigation in the matter and the proceedings in the crime can be quashed. 7. Accordingly, the Criminal Petition is allowed and proceedings in Crime No.183 of 2010 of Central Crime Police Station, Hyderabad, are hereby quashed. ___________________ JUSTICE RAJA ELANGO 26th August 2011, Rns.