Miskeen Bin Hasan v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL M.P. No.616 OF 2017 IN/AND CRIMINAL PETITION No.654 OF 2017 COMMON ORDR:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner - accused viz., Miskeen Bin Hasan seeking to quash the proceedings against him in Crime No.280 of 2016 of Asifnagar Police Station, Hyderabad, for the offences punishable under Sections 498-A, 324 and 506 of the Indian Penal Code, 1860 (IPC).

2. Criminal M.P. No.616 of 2017 is filed by the wife of the petitioner Hajira Begum alias Ruksana Begum, who is respondent No.2 in the Criminal Petition being the de facto complainant, along with her affidavit, compromise petition and the joint memo signed and affirmed by both parties, seeking to quash the proceedings against the petitioner in view of the compromise reached between them and living together in a separate residence.

3. Both parties as well as their counsel are present and the parties are identified by their respective counsel Sri Mohd. Ashraf Ali and Mohd. Abdul Wahab. The parties have also produced photostat copies of their respective "Aadhaar Cards" in proof of their identity.

ASN,J Crl.P. No.654 of 2017

4. On being asked, the de facto complainant and the petitioner reports that they have compromised the matter through the intervention of the elders to live amicably and joined together and leading marital life in a separate residence and to that effect they have also filed compromise petition and the joint memo entered into between them and request the Court to record the compromise and quash the proceedings against the petitioner.

5. Since both the parties have affirmed as to the terms of the compromise and the joint memo and request to record the compromise and quash the proceedings against the petitioner and as it is a matrimonial dispute falls within the guidelines of the Hon'ble Supreme Court in Gian Singh v. State of Punjab1, Criminal M.P. No.616 of 2017 is allowed recording the compromise between the parties.

6. Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the petitioner in Crime No.280 of 2016 of Asifnagar Police Station, Hyderabad. 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 January 31, 2017.

PV 1 2012 (10) SCC 303