THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.PETITION No.6646 & 9358 of 2009 & CRL.PETITION Nos.5777 of 2010 COMMON ORDER: 1 Smt. Sailaja Reddy filed DVC No.2 of 2009 alleging domestic violence and cruelty against her husband, father-in-law, mother-in-law and sister-in-law and the same is pending before the learned Special Judicial First Class Magistrate (Mobile) Kamareddy, Nizamabad District. Similarly the said Sailaja Reddy filed a private complaint against her husband and inlaws alleging the offences punishable under sections 323, 420, 498-A and 506 – II r/w 34 of IPC and under sections 3 & 4 of Dowry Prohibition Act. The matter was referred to the police and after investigation the Station House Officer, W.P.S, Begumpet, North Zone, Hyderabad filed a charge sheet and the same was numbered as C.C.No.606 of 2009 on the file of the court of the XIII Additional Chief Metropolitan Magistrate, Hyderabad. Stating that continuance of the proceedings in said D.V.C. No.2 of 2009 is nothing but abuse of process of the court, the parents-in-law and sister-in-law of the said Sailaja Reddy filed Crl.P.No.6646 of 2009 and the husband Mr. Naveen Reddy filed Crl.P.No.9358 of 2009. Similarly all the accused filed Crl.P.No.5777 of 2010 questioning the proceedings in C.C.No.606 of 2009 on the file of the court of the XIII Additional Chief Metropolitan Magistrate, Hyderabad. In the light of the said commonness, all these three petitions are disposed of by way of this common order. 2 In Crl.P.Nos.6646 and 9358 of 2009, this court was pleased to grant interim stay until further orders. However, the husband of said Sailaja Reddy by name Dr.K.Naveen Reddy had filed a Marriage Case No.2253 of 2008 before the Family Court at Bangalore for dissolution of the marriage between the spouses. 3 It appears, during the pendency of the above proceedings, there was a settlement between the parties and as per the said settlement arrived at, the de facto complainant Smt. Sailaja Reddy agreed for divorce. Accordingly in the divorce Petition 2253 of 2008 filed by the husband, both parties agreed to file an application seeking divorce by mutual consent. In the light of the said settlement arrived at between the parties, both parties filed an affidavit wherein it is stated that the wife agrees for the terms and conditions of the said compromise. The said terms and conditions of the said compromise are as follows: a. The petitioner and 2nd respondent had come to a compromise before the elders and decided to take decree of divorce and accordingly the 2nd respondent has agreed to take an amount of Rs.60,00,000/- from the petitioner as permanent alimony. As per the above terms of compromise the petitioner / husband has already paid an amount of Rs.1,00,000/- to the 2nd respondent / wife by way of cheque and same was acknowledged by the 2nd respondent towards part of the permanent alimony. b. The petitioner had also paid an amount of Rs.15,00,000/- vide bankers cheque bearing No.005473, drawn on HDFC Bank, at Hyderabad dated 29.12.2010 to the 2nd respondent as per the part payment of the permanent alimony before the High Court of Andhra Pradesh. c. The petitioner is agreed to give 2 Kg silver and clothes of the 2nd respondent before the High Court at the time of quash proceedings and the petitioner already handed over 46 tolas of Gold to the 2nd respondent and the same was acknowledged by her. d. The 2nd respondent agreed to receive an amount of Rs.44,00,000/- by way of bankers cheque / demand draft at the time of decree of divorce in marriage case proceedings No.2253 of 2008 pending before the Judge, Family Court, Bangalore and the petitioners are ready to pay the said amount towards permanent alimony. e. That the petitioner and 2nd respondent are agreed to take divorce in the Marriage Case proceedings no.2253 of 2008 pending before the Judge, Family Court, Bangalore and the 2nd respondent have no objection to divorce. f. The 2nd respondent have no objection to quash the DVC No.2 of 2009 in Crl.P.No.6646 of 2009 and Crl.P.No.9358 of 2009 against the petitioner pending on the file of the Special Judicial First Class Magistrate (Mobile), at Kamareddy, Nizamabad District. g. That 2nd respondent also agreed to quash the C.C.No.606 of 2009 in 5777 of 2010 against the petitioner on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad. h. That the 2nd respondent will not claim any rights over the property of the petitioner or respondents 3 to 5 and as she is receiving full and final permanent alimony as per terms and conditions of the compromise and she will not file any cases in future against the petitioner and also the respondents 3 to 5 or their relatives. i. That the 2nd respondent have agreed for the above terms and conditions with free will and concerned and there is no extraneous pressure on her in compromising matter and she has no objection to quash the proceedings in DVC No.2 of 2009 on the file of the Special Judicial First lass Magistrate (Mobile) at Kamareddy, Nizamabad District against the petitioner and the respondents 3 to 5. 4 In the light of the said settlement arrived between the parties, they appeared before the court today. When questioned Smt. Sailaja Reddy stated that she as per the recitals of the said compromise, she received an amount of Rs.15,00,000/- and the balance amount is to be paid as and when the marriage between them is dissolved. She further stated that she has no objection if the proceedings in all the cases are quashed. 5 In view of the said submissions and having regard to the fact that the parties have entered into a compromise, this court is of the view that the proceedings in all the cases can be quashed. 6 Accordingly, all the three petitions are allowed and the said proceedings in D.V.C.No.2 of 2009 pending on the file of the court of the Special Judicial First Class Magistrate (Mobile) Kamareddy, Nizamabad District as well as the proceedings in C.C.No.606 of 2009 pending on the file of the Court of the XIII Additional Chief Metropolitan Magistrate, Hyderabad are hereby quashed. ___________ Sri T.G.K, J. 30th December 2010 Kvsn