HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.8676 and 8677 of 2010 COMMON ORDER: Since the parties to both the criminal petitions and the dispute arose between the parties are one and the same, they are being disposed of together by this common order. Crl.P.No.8676 of 2010 is filed by the husband and his family members seeking to quash C.C.No.511 of 2008 on the file of the X Metropolitan Magistrate, Cyberabad at Malakjgiri taken on file for the offences punishable under Sections 498-A and 406 IPC and Sections 4 and 6 of the Dowry Prohibition Act, in respect of Crime No.216 of 2008 of Kushaiguda P.S. registered basing on the complaint filed by the wife. Crl.P.No.8677 of 2010 is filed by the husband seeking to quash M.C.No.182 of 2008 on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar, filed by the wife. It is submitted by the learned counsel for the petitioners that during pendency of the criminal petitions, the matter was settled out of Court amicably between the parties and therefore prayed to quash the proceedings in the aforesaid C.C. and M.C. The wife-1st respondent herein, her husband and her father-in-law are present before this Court and produced their identities and the same are verified by the learned Additional Public Prosecutor. The 1st respondent- wife stated that upon the advice of the elders and well-wishers, herself and her husband have compromised the matter amicably and therefore she intends to withdraw the criminal proceedings pending against her husband and in-laws before the Court with free will and consent and there is no coercion or undue influence from any other side for the same. She also stated that in terms of the compromise, they entered into a Memorandum of Understanding-cum-Deed of Settlement on 12.08.2010. She filed an affidavit before this Court which runs as follows: “I filed a private complaint against the petitioners in the court of X Metropolitan Magistrate, Cyberabad at Malakjgiri and said complaint was referred to police for investigation under Section 156(3) Cr.P.C. Basing on the said complaint, a case in Cr.No.216 of 2008 of Kushaiguda was registered under Sections 498-A, 406 IPC and 4 and 6 of Dowry Prohibition Act. Later, the police filed charge sheet against the petitioners for the dowry harassment. The charge sheet was taken on file by the learned Magistrate as C.C.No.511 of 2008 under Section 498-A, 406 IPC and 4 and 6 of Dowry Prohibition Act. Pending said criminal case, I filed O.P.No.1279 of 2008 on the file of Family Court, Ranga Reddy District for grant of divorce. By the judgment dated 11.8.2009 in O.P.No.1279 of 2008 the learned Family Judge granted decree of divorce by dissolving the marriage dated 21.5.2003 between me and the first petitioner. Myself and minor child filed maintenance case in M.C.No.182 of 2008 against the first petitioner and same is pending on the file of the Judge, Family Court at Ranga Reddy District. Pending above criminal case and maintenance case, myself and the first petitioner have settled the disputes and compromised the matter. As per the compromise, the divorce granted in O.P.No.1279 of 2008 shall not reopened and criminal case and maintenance case filed by me shall be withdrawn and the first petitioner has to pay Rs.3,00,000/- to me and minor child by way of D.D.No.432822 dated 9.7.2010 drawn on Andhra Bank, Nagole Branch, Hyderabad for the maintenance and permanent alimony and same may be handed over to me at the time of compromise. On 12.8.2010 myself and the first petitioner have executed Memorandum of Understanding-cum-Deed of Settlement. In view of the compromise, I am withdrawing the criminal prosecution instituted against the petitioners. In view of the above, the criminal proceedings instituted against the petitioners may be quashed as I am not interested to prosecute them since the matter was settled and compromised in the interest and welfare of the both the parties.” The learned Addl. Public Prosecutor submitted that there is no objection to quash the C.C. and M.C. inasmuch as both the parties settled the matter amicably. In view of the settlement arrived at between the parties, this Court is of the view that the proceedings in the C.C. and M.C. can be quashed. Accordingly, both the Criminal Petitions are allowed and C.C.No.511 of 2008 on the file of the X Metropolitan Magistrate, Cyberabad at Malkajgiri and M.C.No.182 of 2008 on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar, are hereby quashed. __________________ RAJA ELANGO, J 2nd September, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.Nos.8676 and 8677 of 2010 (Allowed) 2nd September, 2010 CBS