HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 1865 OF 2010. DATED 23rd JULY, 2010. BETWEEN M.M. Sabir and ors ….Petitioners/Accused 2 to 6 and The State of AP, rep. By its Public Prosecutor and ors. …Respondentss HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 1865 OF 2010. ORDER: This Criminal Petition under Section 482 of Cr.P.C. is ﬁled to quash the proceedings in C.C.No. 320 of 2009 on the ﬁle of the learned Judicial First Class Magistrate, Sirpur(T), Adilabad District. It is submitted by the learned Counsel for the petitioners as well as the learned Counsel for the second and third respondents that the matter is settled out of Court amicably and hence the proceedings pending before the Court below may be quashed. The aﬃdavit ﬁled along with the present Criminal Petition, reﬂecting the compromise settled between the parties, reads as follows: “ That the complainant and the petitioners/accused persons in the above case compromised the matter in the following terms. 1. That the complainant agreed to withdraw the cases ﬁled against A.1 to A.6 in C.C.No. 320 of 2009 on the ﬁle of the Judicial First Class Magistrate at Sirpur town at Adilabad District by ﬁling the aﬃdavit in Honourable High Court to quash the proceedings in the Criminal case. 2. That the complainant agreed to withdraw the domestic violence case against all the Respondents therein in DVC.No. 55 of 2010 on the ﬁle of Honourable XIV Additional Metropolitan Magistrate, Namaplly at Hyderabad, by ﬁling withdrawal memo in the above case. 3. That the complainant hereby agreed to withdraw the C.C.No. 320 of 2009 against the accused No.1 who is not residing in the Country now as and when he returns to the country she is undertaking to withdraw the case against him in terms of this compromise. 4. The petitioners 1 to 5 who are Accused Nos. 2 to 6 and Respondent No. 3/A.1 in the C.C.No. 320 of 2009 on the ﬁle of the Judicial First Class Magistrate at Sirpur town hereby agreed and deposited a sum of Rs.4,00,000/- (Rupees Four lakhs only) by way of Demand Draft with No. 524092 of State Bank of Hyderabad at Kagaznagar in the name of the complainant and the DD is kept with the Community Elders at Karimnagar town and they have no objection of immediate taking of the DD and en-cashing the same by the complainant after quashing the criminal case by the Honourable High Court and after withdrawal of DVC.No. 55 of 2010 against them i.e. A.2 to A.6 and in spite of pending of case against A.1 wherein the complainant agreed to withdraw the case against A1 also as and when he comes to India 5. The petitioners 1 to 5 who are Accused No. 2 to 6 and the complainant hereby undertakes that whenever accused No.1 in CC.No. 320 of 2009 returns to India appropriate steps will be taken for closing the case against him in terms of this compromise memo.” Today when the matter is posted for hearing, the learned Counsel appearing on either side submitted that inasmuch as the petitioners/Accused 2 to 6, third respondent/A.1 and the second respondent/complainant settled the dispute amicably out of Court, the aforesaid proceedings pending before the Court below may be quashed. The second respondent/defacto complainant is present before this Court in person and produced her identity. This Court perused the same. As stated in the Memorandum of Compromise, the Demand Draft for Rs.4,00,000/- drawn in her favour is handed over by the petitioners to the second respondent/complainant and she accepted the same. The learned Public Prosecutor submitted that there is no objection to quash the aforesaid proceedings pending before the Court below in view of the amicable settlement reached between the parties to the lis. In view of the settlement arrived at between the parties, this Court is of the view that further continuance of the proceedings before the Court below may cause hurdle/prejudice to the parties herein and therefore they are liable to be quashed. Accordingly, proceedings in C.C.No. 320 of 2009 on the ﬁle of the learned Judicial First Class Magistrate, Sirpur(T), Adilabad District are hereby quashed. The Criminal Petition is accordingly allowed. ----------------------------------- JUSTICE RAJA ELANGO DATED 23rd JULY, 2010. Msnr.