HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 6740 OF 2010. DATED 26th JULY, 2010. BETWEEN D.Karunakar Reddy and ors ….Petitioner and The State of AP, rep. By its Public Prosecutor and ors. …Respondent/Complainant HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 6740 OF 2010 ORDER: This Criminal Petition under Section 482 of Cr.P.C. is ﬁled to quash the proceedings in CC.No. 891 of 2007 on the ﬁle of the learned Judicial First Class Magistrate, Miryalaguda. It is submitted by the learned Counsel for the petitioner 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 by the second respondent/complainant before this Court, reﬂecting the compromise settled between them, reads as follows: “ 1. The marriage of the petitioner no.1 and respondent no.2 was solemnized on 9.8.2006. 2. The petitioner no.1 and Respondent no.2 started living separately from 20.6.2007. 3. The petitioner no.1 ﬁled for divorce in USA FAIR FAX COUNTY, CIRCUIT COURT, VIGINIA VIDE CASE 11944 OF 2007. 4. Respondent no.2 ﬁled a Dowry harassment case before the P.S. Miryalaguda on 8.7.2007 for the oﬀence under Sec. 498-A IPC and Sec. 3 and 4 of Dowry Prohibition Act and she also lodged a complaint under Section 507 IPC and Sec. 67 of IT Act. 5. Petitioner no.1 and Respondent no.2 submits that due to intervention of the elders of the both families and head of the community people, both the petitioners decided to settle marital dispute amicably. 6. Respondent no.2 is agreed to accept the divorce of the petitioner obtained in USA. 7. The Respondent no.2 agrees that she has no claims for maintenance and alimony against the petitioner no.1 8. The petitioner no.1 hereby pays an amount of Rs.6,00,000/- towards full and final settlement to the respondent No.2 9. Petitioner no.1 hereby pays an amount of Rs.6,00,000/- through DD no.606878 drawn on SBH Bank, Nalgonda Branch dt. 8.7.2010 to the Respondent no.2 10. Petitioner No.1 handed over all the Silver articles and other belongings to Respondent no.2 11. Respondent no.2 also handed over all the articles belonging to the petitioner no.1 12. Respondent no.2 agreed to withdraw the criminal cases registered for the oﬀences under Sec. 498 A IPC and Sec. 3 and 4 of Dowry Prohibition Act on the ﬁle of JFCM, Miryalaguda against all petitioner no.1 and all other accused and FIR no.214 of 2007 on the file of PS Miryalaguda. 13. Respondent no.2 relinquishes all her rights, claims of what so ever nature against the petitioner no.1 like wise the petitioner no.1 also relinquishes all his rights, claims of what so ever nature against the respondent no.2. Both petitioners do not ﬁle any cases against each other or their parents under any law in future. 14. The petitioner no.1 withdraws all the allegations made against the Respondent no.2 unconditionally in divorce OP likewise Respondent no.2 also withdraws all the allegations made in the Criminal Complaint unconditionally. 15. There are no issues (children) out of the wedlock. 16. On the date of the MOU Karunakar Reddy is residing in USA and with his consent the present deed is entered by his father as GPA HOLDER..” Today when the matter is posted for hearing, the learned Counsel appearing on either side submitted that inasmuch as the petitioners/Accused 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. She stated before this Court that in view of the compromise arrived at, she intends to withdraw the criminal proceedings pending against the petitioners before the Court below with free will and consent, and, there is no coercion or undue inﬂuence from any other side for 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 CC.No. 891 of 2007 on the ﬁle of the learned Judicial First Class Magistrate, Miryalaguda are hereby quashed. The Criminal Petition is accordingly allowed. ----------------------------------- JUSTICE RAJA ELANGO DATED 26th JULY, 2010. Msnr.