Mohd Abdul Majeed v. The State Of Telangana,
HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.1580 & 1583 OF 2017 IN/AND CRIMINAL PETITION No.1623 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 7 seeking to quash the proceedings against them in C.C. No.475 of 2013 on the file of Judicial Magistrate of First Class, Zaheerabad, Medak District for the offences punishable under Sections 498-A read with Section 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act.
2.
Criminal Petition M.P. No.1580 of 2017 is filed by the petitioners - accused Nos.1 to 7 to permit the petitioners to enter into compromise as to the offences in C.C. No.475 of 2013 on the file of Judicial Magistrate of First Class, Zaheerabad, Medak District as the parties have compromised the matter.
3.
Criminal Petition M.P. No.1583 of 2017 is filed by the petitioners - accused Nos.1 to 7 along with affidavit of de facto complainant, Smt. Khateeja Fatima, Joint Memo signed and affirmed by both the parties and their respective counsel, and also affidavit of accused No.1, requesting to permit the parties to compromise the matter and to compound the offences, and consequently to quash the proceedings against the accused stating that with the intervention of
the elders, they settled the matter between them, outside the Court, in terms of the compromise.
4.
The de facto complainant, accused Nos.1 to 7, as well as their counsel are present and the parties are identified by their respective counsel, Sri Asgar Ali Khan Sohel and Sri J. Mohan Singh. The parties have also produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.
5. On being asked, the de facto complainant and accused Nos. 1 to 7, report that they have compromised the matter through the intervention of the elders between them in terms of the compromise and to that effect they have also filed Joint Memo entered into between them and request the Court to record the compromise compounding the offences against accused Nos.1 to 7, and, consequently to quash the proceedings.
6.
Since both the parties have affirmed the terms of the Joint Memo and request to record the compromise compounding the offences against all the accused and to quash the proceedings and that as it is a matrimonial dispute falling within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, Criminal Petition M.P. Nos.1580 and 1583 of 2017 are allowed 1 2012 (10) SCC 303
recording the compromise between the parties in terms of the Joint Memo and compounding the offences against all the accused. 7.
Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against all the accused in C.C. No.475 of 2013 on the file of Judicial Magistrate of First Class, Zaheerabad, Medak District. The Joint Memo entered into between 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 Dt. 01.03.2017 gbs