Mohammed Faiyaz v. The State Of Telangana,

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.1276 AND 1275 OF 2017 IN/AND CRIMINAL PETITION No.1316 OF 2017 COMMON ORDR:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), is filed by the petitioners - accused Nos.1 to 3 seeking to quash the proceedings against them in Crime No.495 of 2015 of Women Police Station, Detective Department, Hyderabad, registered for the offences punishable under Sections 498A, 406 IPC and Sections 4 and 6 of the Dowry Prohibition Act, 1961.

2. Criminal Petition M.P. No.1276 of 2017 is filed by the de facto complainant, who is respondent No.2 in the main petition, along with her affidavit and a joint memo signed by both the parties, requesting to record the compromise and to quash the proceedings in the aforesaid crime.

3. Criminal Petition M.P. No.1275 of 2017 is also filed by her requesting to permit her to compound the aforesaid offences.

4. Both parties as well as their learned counsel are present and the parties are identified by their respective learned counsel, Sri V. Satyam Reddy and Mrs. Babitha Pawar. The parties have also produced photostat copies of their respective "Aadhaar Cards" in proof of their identity.

ASN,J Crl.P. No.1316 of 2017

5. The petitioners also filed a copy of compromise-cum-final settlement, dated 24.11.2016, having entered into compromise with certain terms and conditions mentioned therein, along with material papers in the main criminal petition starting with page No.8 and ending with page No.12.

6. Perused the aforesaid compromise deed and the joint memo filed by both the parties.

7. Since both the parties have entered into compromise and affirmed the contents of joint memo and the compromise deed, compromise is recorded as it is a matrimonial dispute and falls within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1.

8. In view of the above circumstances, Criminal Petition M.P. Nos.1276 and 1275 of 2017 are allowed and, consequently, the present Criminal Petition is allowed quashing the proceedings against the petitioners - Accused Nos.1 to 3 in Crime No.495 of 2015 of Women Police Station, Detective Department, Hyderabad. The joint memo filed by the parties 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 February 14, 2017.

Mgr

1. (2012) 10 SCC 303