Mohd. Ilyas Ali, v. The State Of Telangana.,
HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.325 AND 326 OF 2017 IN/AND CRIMINAL PETITION No.347 OF 2017 COMMON ORDER Petitioner No.3 representing petitioner No.1 along with petitioner Nos.2 and 4 and de facto complainant, who is respondent No.2 are identified by their learned counsel respectively. Petitioner No.1 is the husband of respondent No.2 - de facto complainant; petitioner No.2 is her mother-in-law; and petitioner No.3 is her brother-in-law and petitioner No.4 is her sister-in-law. Respondent No.2 - de facto complainant filed Crl.P.M.P. Nos.325 and 326 along with her affidavit and joint memo signed by both the parties and their respective counsel, seeking to permit her to compromise the case in C.C. No.317 of 2015 on the file of the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, as per the terms of joint memo.
Perused the affidavit and the joint memo filed by both the parties.
The petitioners and respondent No.2 - de facto complainant entered into compromise concerning the offences punishable under Sections 498A and 406 of IPC and also Sections 4 and 6 of the Dowry Prohibition Act, 1961.
ASN,J Crl.P.M.P. Nos.325 and 326 of 2017 in/and Crl.P. No.347 of 2017 Since both the parties have affirmed the contents of joint memo, the compromise is recorded as it is a matrimonial dispute and squarely covered by 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. Nos.325 and 326 of 2017 are allowed and, consequently, the present Criminal Petition is allowed quashing the proceedings against the petitioners - Accused Nos.1 to 4 in C.C. No.317 of 2015 on the file of XIII Additional Chief Metropolitan Magistrate, 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 January 31, 2017.
Mgr
1. (2012) 10 SCC 303