HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos. 7975 of 2008 and 6974 OF 2010. DATED 23rd JULY, 2010. BETWEEN Guntur Vidyasagar ….Accused No.1/Petitioner in Crl.P.No. 7975 of 2008 Guntur Adisesharathnam and ors -----Accused Nos.2 to 6/Petitioners in Crl.P.No. 6974of 2010. and The Stae of AP, rep. By Public Prosecutor and anr. …Respondents in both petitions HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos. 7975 of 2008 and 6974 OF 2010. _______. COMMON ORDER: These Criminal Petitions under Section 482 of Cr.P.C. are ﬁled to quash the proceedings in C.C.No. 571 of 2007 pending on the ﬁle of the learned I Additional Judicial First Class Magistrate, Khammam for the oﬀences punishable under Sections 498(A), 323, 294(B) of IPC and 3 & 4 of The Dowry Prohibition Act. It is submitted by the learned Counsel for the petitioners as well as the learned Counsel for the second respondent 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: “ 1. That both the parties herein have agreed for dissolution of marriage through mutual consent and have ﬁled the petition under Section 13-B of Hindu Marriage Act before the Honourable Judge, Family Court, Khammam 2. That the 1st party herein has paid an amount of Rs.4,00,000/- (Rupees four lakhs only) to the 2nd party through Demand Draft bearing No. 96004, dated 20.7.2010 drawn on State Bank of India Bhaskarpuram Branch, Machilipatnam towards maintenance of the child and the 2nd party has accepted and received the same. Further the 1st party has agreed to pay an amount of Rs.1,00,000/- (Rupees one lakh only) towards permanent alimony to the 2nd party on the day of granting divorce by the Honourable Court and the 2nd party agreed for the same. The 2nd party admits that there are no other claims pending against the 1st party and all outstanding issues have been resolved. 3. The 2nd party agrees to withdraw the criminal case ﬁled by her against the 1st party and his family members and undertakes to cooperate and do all such necessary acts for withdrawal of the same and in view of the settlement. 4. That 1st party and 2nd party hereby declare that they have no further claims against each other either in person or on properties in view of this MOU, as the 2nd party has received the amounts in full and ﬁnal settlement of her claim on her behalf and on behalf of child as stated above. 5. Both the parties agreed that they shall not interfere with the privacy or freedom or space or liberty of the other party as guaranteed by the law and the 1st party has agreed that the custody of the minor child shall remain with the 2nd party. Both the parties agreed that there have no further grievances against each other or their family members. That both parties have entered this Memorandum of Compromise after full understanding the contents and have signed the same out of their own free will and consent without any coercion and undue influence.” Today when the matter is posted for hearing, the learned Counsel appearing on either side submitted that the petitioners and the second respondent-defacto-complainant settled the dispute amicably out of Court, and therefore prayed to quash the said proceedings pending before the Court below. The learned Public Prosecutor submitted that in view of the amicable settlement arrived at between the parties, there is no objection for quashing the proceedings. In view of the settlement arrived at between the parties, 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. 571 of 2007 pending on the ﬁle of the learned I Additional Judicial First Class Magistrate, Khammam are hereby quashed. The Criminal Petition is accordingly allowed. ----------------------------------- JUSTICE RAJA ELANGO DATED 23rd JULY, 2010. Msnr.