IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.1219 OF 2009 Between : Badrunnisa Begum and others ....PETITIONERS A N D The State of A.P. and another …RESPONDENTS THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.1219 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners seeking to quash the proceedings in C.C.No.855 of 2008 on the file of the II Metropolitan Magistrate, Cyberabad, L.B.Nagar, Ranga Reddy District for the offences under Sections 498A, 406 and 34 I.P.C. and 4 and 6 of D.P.Act. 2. Today, the matter is posted for hearing. Respondent No.2 – complainant appeared before this Court and expressed her willingness to compromise the issue. 3. Respondent No.2 – complainant filed an affidavit, which reads as follows: “I Shreen Begum @ Nida W/o Gulam Kaleemuddin Khan, age 22 years, Occ:House wife R/o H.No.11-21-77, N.T.R.Nagar, L.B.Nagar, Saroornagar, Cyberabad, do hereby solemnly affirm and state on oath as follows: That I am the deponent herein and the defacto complainant in the main case, as such I am well acquainted with the facts of the case. That the respondent / accused Nos.2 to 8 are my mother-in-law, father-in-law, brother- in-law and sister-in-laws respectively. That the Police L.B.Nagar, had registered a case against the petitioner Nos. 2 to 8 and Gulam Kaleemuddin as accused No.1 under Section 498A, 406, 34 I.P.C. and 4 and 6 of D.P.Act vide Crime No.900 of 2008, on the private complaint filed by the defacto complainant before the Hon’ble II Metropolitan Magistrate, Cyberabad and was referred to concerned police station and on the filing of charge sheet renumbered as C.C.No.855 of 2008. That during the pendency of the case husband / accused No.1 was arrested and remanded to judicial custody, but on the intervention of family elder and well wisher, the matter was settled amicable between the parties and in terms of compromise and settlement both the respondent / accused Nos.2 to 8 and also with the husband / accused No.1 who is not the party to this Crl.P.No.1219 of 2009 and defacto complainant are residing together resolving all their disputes and differences, and in view of the said compromise and settlement the petitioner / complainant did not want to proceed ahead with the case and want to withdraw the criminal cases registered against the petitioner / accused Nos. 1 to 8 as C.C.No.855 of 2008 of L.B.Nagar P.S. on the file of the Hon’ble II Metropolitan Magistrate, Cyberabad at L.B.Nagar, Ranga Reddy District, as such same may be quash in terms of compromise. That the Hon’ble Court may be pleased to quash the proceedings pending against the petitioners / accused Nos. 2 to 8 and also against my husband / accused No.1 who is not a party to this petition, in C.C.No.855 of 2008 of P.S.L.B.Nagar on the file of the Hon’ble II Metropolitlan Magistrate, Cyberabad, at L.B.Nagar, Ranga Reddy District, as the petitioner is herewith withdrawing the complaint and in view of settlement and compromise between the parties as both of them are residing together resolving all their disputes and differences, in the interest of justice and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”. 4. Admittedly, the offence arises out of matrimonial dispute between the spouses. In view of the compromise entered into between the spouses, this Court is of the view that no purpose would be served by continuing the proceedings further in the above Calendar Case. Therefore, though the offences alleged against the accused are non-compoundable in nature, in view of the compromise entered into between the spouses, the further proceedings in the above Calendar Case can be quashed against the accused. 5. The learned Public Prosecutor also reported no objection for the same. 6. In view of the above, all further proceedings in C.C.No.855 of 2008 on the file of II Metropolitan Magistrate, Cyberabad, L.B.Nagar, Ranga Reddy District, initiated against the petitioners herein as well as petitioner - accused No.1, who is present before this Court today and added as petitioner No.1 to this petition as per the directions of this Court, are hereby quashed. 7. Accordingly, the Criminal Petition is allowed. _________________________ JUSTICE RAJA ELANGO AUGUST 19, 2010. YVL