IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.6521 OF 2010. Between: Sarwar Hussain & 6-Ors. … Petitioners-A1 to A7 V/s. Smt.Naseem Sulthana … Respondent-Complainant Counsel for the Petitioner : Sri A. Ravi Shankar Counsel for the Respondent No.2 : Public Prosecutor The Court made the following: (Judgment follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6521 OF 2010 O R D E R : This Criminal Petition is filed by the petitioners- Accused Nos.1 to 7 under section 482 of Cr.P.C. seeking to quash C.C.No. 437 of 2007 on the file of the Court of XIII Additional Chief Metropolitan Magistrate, Hyderabad, arising out of Crime No.59 of 2007, which was registered for the offence under sections 498-A, 323, 506 IPC and sections 4 and 6 of Dowry Prohibition Act and to pass such other suitable orders as this Court may deems fit and proper in the interest of justice. 2. Today the matter is posted for final hearing. The defacto complainant, Smt. Naseema Sulthana wife of Sarwar Hussain, who is A-1 in the above crime is present before this Court and she filed an affidavit, which reads as hereunder: I, Smt.Naseema Sulthana w/o Sarwar Hussain aged about 23 years, Occupation Housewife, r/o.H.No.9-4-29/13/A/8/1, Hakeempet, Toli Chowki, Hyderabad, do hereby solemnly sincerely affirm and state on oath as follows: i) I am the deponent herein and respondent No.1 in the above criminal petition, as such, I am fully acquainted with the facts of the case. ii) I submit that my marriage with the first petitioner was performed on 25-5-2006 as per Muslim rites and customs and immediately after marriage, I joined the first petitioner and lived happily some time, thereafter disputes arose between us. And I filed a complaint in Cr.No.59 of 2007. The Police after investigation have filed charge sheet and the case was taken on file as CC.No.437 of 2007 and is pending trial before the XIII Additional Chief Metropolitan Magistrate, Hyderabad. I have compromised the matter and I have received Rs.40,000/- (Rs.Forty Thousand only) in full and final settlement, I want to withdraw the complaint filed by me. I am herewith filing a xerox copy of the ration card. iii) For the reasons stated above, I pray that this Hon’ble Court may be pleased to quash the proceedings in CC.No.437 of 2007 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, and pass such other order or orders. Sd/- Naseema Sulthana Deponent Sworn and signed Before me on this the 16th day of July, 2010 At Hyderabad. Sd/- Advocate: Hyderabad. 3. This Court verified the identity of the petitioner-defacto complainant, Smt. Naseema Sulthana w/o. Sarwar Hussain, (A-1) and the defacto complainant on enquiry expressed her willingness and interest to quash C.C.No.437 of 2007 on the file of XIII-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, arising out of Crime No.59 of 2007 registered for the offence punishable under sections 498-A, 323, 506 IPC and sections 4 and 6 of Dowry Prohibition Act, by the Women Police Station, Central Crime Station, Hyderabad, against petitioners-A- 1 to A-7. 4. In the light of the facts and circumstances mentioned hereinabove and also taking into consideration the averments of the affidavit filed by the defacto complainant as mentioned in para No.2 sub-clause (i) to (ii) referred to supra, this Court is of the view that C.C.No.437 of 2007 on the file of XIII-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, arising out of Crime No.59 of 2007 registered for the offence punishable under sections 498-A, 323, 506 IPC and sections 4 and 6 of Dowry Prohibition Act, by the Women Police Station, Central Crime Station, Hyderabad, against petitioners-A-1 to A-7, be and is hereby quashed. 5. In the result, the Criminal Petition is allowed and C.C.No.437 of 2007 on the file of XIII-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, arising out of Crime No.59 of 2007 registered for the offence punishable under sections 498-A, 323, 506 IPC and sections 4 and 6 of Dowry Prohibition Act, by the Women Police Station, Central Crime Station, Hyderabad, against petitioners-A-1 to A-7, be and is hereby quashed. 6. As a sequel to the disposal of the main criminal petition, Crl.MP.No.6111 of 2010, which is filed along with the above criminal petition seeking to stay all further proceedings in CC.No.437 of 2007 on the file of XIII-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, is disposed of as infructuous. ___________________________ JUSTICE RAJA ELANGO. 16th July, 2010 I S L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6521 OF 2010 Circulation Entry No. Date: 16-07-2010 Computer No. 43 Court Master: I s L