Sheik Meera Sharief v. The State Of Telangana

THE HONOURABLE SRI JUSTI CE SANJAY KUMAR CRI MI NAL PETI TI ON NOS.12543 OF 2018 AND 1432 OF 2019 C O M M O N O R D E R The petitioners in Crl.P.No.12543 of 2018 are accused Nos.2 to 4 in C.C.No.372 of 2016 on the file of the learned Additional Judicial First Class Magistrate, Sangareddy, while the petitioner in Crl.P.No.1432 of 2019 is accused No.1 therein. This case was taken on file on the strength of FIR No.569 of 2015 on the file of the R.C.Puram Police Station, Medak District, which was registered under Section 498-A IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. By way of these petitions filed under Section 482 CrPC, accused Nos.1 to 4 in C.C.No.372 of 2016 sought quashing of the proceedings therein.

While so, I.A.No.1 of 2019 was filed in Crl.P.No.12543 of 2018 by Mr.Maadugula Srinivas, learned counsel for the second respondent /complainant in FIR No.569 of 2015 on the file of the R.C.Puram Police Station, Medak Distrisct, and I.A.No.4 of 2019 was filed by the very same learned counsel in Crl.P.No.1432 of 2019 seeking leave to compound the offences against the accused in the light of the settlement arrived at by and between the parties.

Ms.Shaik Sameeha Afshen, the second respondent/complainant, is present in person and produced her Aadhaar card in proof of her identity. She stated that she herself filed the aforestated I.As. seeking to settle the issue in the light of the settlement arrived at by and between the parties. As per the said settlement which is set out in the affidavit filed in support of these I.As., accused No.1, being the husband of the second respondent/complainant, agreed to pay a sum of Rs.42,00,000/- towards permanent alimony to her as he already divorced her by pronouncing

Talaq-E-Bayeen before the competent khazi in the year 2015. Further, in terms of the settlement, accused No.1 paid the sum of Rs.7,50,000/- out of the aforestated permanent alimony amount by way of cash and another sum of Rs.5,00,000/- by way of cheque No.282561 dated 13.02.2019 drawn on State Bank of India, Mehdipatnam Branch, Hyderabad. Ms.Shaik Sameeha Afshen, the second respondent/complainant, admits in open Court that she already received the aforestated amounts. As regards the balance amount payable, being a sum of Rs.29,50,000/-, cheque No.489751 dated 17.04.2019 drawn on Axis Bank Limited, Himayatnagar Branch, Hyderabad, in the name of Shaik Saida Begum, the maiden name of the second respondent/complainant, for a sum of Rs.29,50,000/- is handed over to her in open Court. She stated that she has no apprehensions as to the aforestated cheque being honoured upon presentation and asserts that she is willing to have the matters closed today itself.

In the light of the aforestated developments, this Court sees no purpose served in allowing the proceedings in C.C.No.372 of 2016 on the file of the learned Additional Judicial First Class Magistrate, Sangareddy, to go on.

The criminal petitions are accordingly allowed quashing the proceedings in C.C.No.372 of 2016 on the file of the learned Additional Judicial First Class Magistrate, Sangareddy.

_______________ SANJAY KUMAR, J 17th APRI L, 2019 Svv