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High Court for State of TelanganaCRLP/2881/2017allowed no costs

Mohd Arif, v. The State Of Telangana

2017-04-11A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRL.P.M.P.No.2842 of 2017 IN/AND CRIMINAL PETITION No.2881 of 2017 COMMON ORDER:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), is filed by the petitioners - accused seeking to quash the proceedings in C.C.No.1210 of 2013 on the file of VI Metropolitan Magistrate at Medchal, Cyberabad.

Petitioners alleged to have committed offences punishable under Sections 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

Criminal Petition M.P.No.2842 of 2017 is filed by the petitioners, seeking permission of the Court to compound the aforesaid offences.

Both parties and their learned counsel are present and the parties are identified by their respective learned counsel, Sri Mohd.Aleemullah and Sri Mohd.Shanoor. The parties have also produced Photostat copies of their respective "Aadhaar Cards" in proof of their identity.

Perused the affidavit and the joint memo signed by both parties and also the Memorandum of Family Settlement Deed filed along with the main criminal petition. The petitioners and respondent No.2 - de facto complainant entered into compromise concerning the aforesaid offences.

ASN, J Crl.P.No.2881 of 2017 It appears, de facto complainant and her husband, having settled their disputes, are now living together.

Since both parties have entered into compromise and affirmed the contents of affidavit filed by the de facto complainant, compromise is recorded as the dispute falls within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1.

In view of the above circumstances, Criminal Petition M.P. No.2842 of 2017 is allowed and, consequently, the present Criminal Petition is allowed quashing the proceedings against the petitioners - Accused in C.C.No.1210 of 2013 on the file of VI Metropolitan Magistrate at Medchal, Cyberabad.

The affidavit filed by the de facto complainant shall form part of the record.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

__________________________ A. SHANKAR NARAYANA, J April 11, 2017 MRR

1. (2012) 10 SCC 303