IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.7454 OF 2010 Between : Doodam Reddy Srinivasulu Reddy and another ....PETITIONERS A N D The State of A.P. and another …RESPONDENTS THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.7454 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners seeking to quash the proceedings in C.C.No.861 of 2009 on the file of the IX Metropolitan Magistrate, Cyberabad, Ranga Reddy District, for the offences punishable under Sections 498A and 420 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. The de facto complainant, represented by her father as General Power of Attorney, filed an affidavit praying to quash the proceedings in above said Calendar Case. When the matter is posted to day for hearing, the G.P.A. holder of the complainant appeared and represented on behalf of the de facto complainant. The affidavit runs as follows: “I Anam Pera Reddy S/o Kota Reddy, age 57 years, Occ:Retired Employee R/o H.No.11-31-22 E. Ram Murthy Peta, Kavali, Nellore District, Andhra Pradesh, presently come down to Hyderabad, do hereby solemnly affirm and state on oath as follows: 1) I am the deponent herein and the father and General Power Attorney Holder of respondent No.1 herein and as such I am well acquainted with the facts of the case and authorized to depose as under. 2) I humbly submit that respondent No.1 is my daughter and I performed her marriage with petitioner Np.1 herein on 18.05.1997 at Kavali, Nellore District. I humbly submit that some disputes and differences cropped up between petitioner No.1 and respondent No.1 and the same has culminated to filing of cases by both parties including a case vide Crime No.1413 of 2008 of P.S.Kukatpally lodged by respondent No.1 here against the petitioners herein for the offence under Section 498A, 420 of I.P.C. and Sections 3 and 4 of D.P. Act. 3) I humbly submit that due to intervention of well wishers, elders and other mediators, all the issues have been amicably settled and both petitioner No.1 and respondent No.1 have agreed to take divorce and withdraw /compromise all the cases filed against each other. I further submit that an agreement has been executed by the respondent No.1 in favour of the petitioner No.1 to the said effect. I further submit that both the petitioner No.1 and respondent No.1 are staying in U.S.A. presently and as the respondent No.1 is unable to personally come down to India due to her job constrains, she has executed a General Power of Attoreny in my favour interalia authorizing me to withdraw / compromise the above said case vide Crime No.1413 of 2008 of P.S.Kukatpally which is presently pending on the file of Hon’ble IX Metropolitan Magistrate, Kukatpally, Cyberabad, Ranga Reddy District vide C.C.No.861 of 2009. 4) I humbly submit upon the authorization of the respondent No.1 and being her father as well as General Power of Attorney holder, I am herewith deposing to this affidavit voluntarily without any coercion, under influence from any one, praying this Hon’ble Court to quash the proceedings against the petitioners herein i.e., Accused Nos. 1 and 2 in C.C.No.861 of 2009 on the file of Hon’ble IX Metropolitan Magistrate, Cyberabad, Ranga Reddy District, in the interest of justice and in the circumstances of the case”. 3. Admittedly, the offence arises out of matrimonial disputes between the spouses. In view of the compromise entered between the spouses, this Court is of the view that no purpose will be served by continuing the further proceedings in the calendar case. Therefore, though the offences alleged against the accused are non- compoundable, in view of the compromise between the spouses, the further proceedings in criminal case can be quashed against the accused. 4. The learned Public Prosecutor also reported no objection for the same. 5. Therefore, the further proceedings in C.C.No.861 of 2009 on the file of IX Metropolitan Magistrate, Cyberabad, Ranga Reddy District, are hereby quashed. 6. Accordingly, the Criminal Petition is allowed. _________________________ JUSTICE RAJA ELANGO JULY 27, 2010. YVL