Mohd Samiullah Quadri v. The State Of Telangana,

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.4436 of 2015 in Crl.P.No.4144 of 2015 and Criminal Petition No.4144 of 2015 COMMON ORDER:

The defacto complainant and her Counsel Mohd. Mukhtar Pasha are present. A.1 to A.5 and their Counsel Shakeel Ahmed are present. A.6 is absent and she is represented by A.1 who is her Power of Attorney Holder. On the report given by the defacto complainant, the Police of WPS Nizamabad registered a case in Crime No.116 of 2014 against A.1 to A.6 for the offences under Sec.498-A IPC and Sec.3 and 4 of D.P.Act and investigation is reported to be pending.

While so, today the parties and their respective Counsel present in Court and submitted that as per the advice of elders, they have resolved all their disputes and as per the settlement, the defacto complainant and A.1 have already obtained divorce and the maintenance claim of the complainant and her minor son by name Shahzain Hyder was also taken care and accordingly, A.1 paid Rs.3,50,000/- to the defacto complainant under D.D bearing No.476657 dated 30.03.2015 drawn on State Bank of India, Chandrayangutta Branch for her maintenance and he gave Rs.3,50,000/- under two post dated cheques for the maintenance of the boy and in view

of the said settlement, the defacto complainant has no objection for quashment of the proceedings against the accused and therefore, this Court may be pleased to accord permission to them to compromise the matter and compound the offence and quash the proceedings in Crime No.116 of 2014 of WPS Nizamabad P.S in the interest of justice.

Having regard to the above submission and in view of the fact that it is a matrimonial matter wherein the parties have amicably resolved their disputes and further, no useful purpose will be served even if the investigation is ordered to be continued since the parties have compromised and by following the decision reported in Gian Singh vs. State of Punjab and another[1], this petition is allowed and permission is accorded to the parties to compound the offence and proceedings in Crime No.116 of 2014 of WPS Nizamabad P.S are hereby quashed in terms of joint compromise memo filed by the parties.

In the result, both the petitions are accordingly allowed.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ U. DURGA PRASAD RAO, J Date: 30.04.2015 scs

[1] (2012) 10 SCC 303)