Zeeshan Mohiuddin v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI of and .

Nos .

.I and Crl.P.No.4911 of 2019 COMMON ORDER The criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.130 of 2016 on the file of XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences under Sections 498-A, 406, 506 IPC read with Section 34 IPC and under Sections 4 and 6 of Dowry Prohibition Act, against the petitioners/A1 to A3. 2.

I.A.Nos.2 and 4 of 2019 are filed under Sections 320(6) and 320(2) of Cr.P.C., by both parties seeking leave of this Court to compound the offences and to record compromise as the matter was settled out of the Court due to intervention of the elders. Along with the affidavits, they filed memorandum of understanding stating that they agreed to withdraw all cases registered against each other and they shall obtain mutual divorce without claiming the iddat amount and other benefits. The 2nd respondent-de-facto complainant agreed to withdraw the present criminal case, M.C.No.184 of 2016, DVC No.208 of 2017 and O.P.No.505 of 2018 pending before the Courts and also agreed to keep the custody of their son, by name, Ashaz Moinuddin, aged 8 years, with her till she maintains him at her own cost and if she fails to maintain the child, she should handover the custody of the minor to the 1st petitioner/A1. Both parties also agreed that they will not file any civil, criminal or maintenance cases against each other in future.

3.

Today, when the matter came up for hearing, the 2nd respondent/de-facto complainant and the petitioners/A1 to A3 are present and they are identified by their respective counsel. When this Court enquired the parties, the de-facto complainant and the accused stated that they entered into compromise due to intervention of the elders.

4. In view of the settlement arrived at between the parties, I find that it is a fit case to grant leave to the parties to compound the offences and to quash the proceedings against the petitioners/A1 to A3.

5. In the result, I.A.Nos.2 and 4 of 2019 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.130 of 2016 on the file of XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed against the petitioners/A1 to A3. Miscellaneous petitions, if any pending in the criminal petition, shall stand closed.

_____________ G. SRI DEVI, J 13th September, 2019 sj