Khazi Mohammed Osman And 3 Others v. Smt. Saba Sultana Siddiqui

THE HONOURABLE JUSTICE G. SRI DEVI of and .

Nos .

.I and Crl.P.No.6830 of 2019 COMMON ORDER :

The Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.7824 of 2019 on the file of the learned XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, registered against the petitioners/accused Nos.1 to 4 for the offences under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.

I.A.No.2 of 2019 is filed under Section 320(6) Cr.P.C. seeking to permit the de facto complainant to compound the offences under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act against the petitioners/accused Nos.1 to 4.

I.A.No.3 of 2019 is filed under Section 320(2) of Cr.P.C., seeking to record compromise and to quash the proceedings in C.C.No.7824 of 2019 on the file of the learned XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. Along with this application, a joint memo supported by an affidavit of the de facto complainant/respondent No.1 is filed and the same are made part of the record. The said joint memo has been duly signed by the parties and their signatures are duly attested/verified by their respective counsel. It is stated in the joint memo that due to the intervention of the elders and well-wishers, the matter has been settled between the de facto complainant and the petitioners-accused Nos.1 to 4 and they have resolved all the disputes and differences between them

and as such, the de facto complainant do not want to further proceed with the case and she wants to withdraw the aforesaid case registered and pending against the petitioners-accused Nos.1 to 4. Today, when the matter came up for hearing, respondent No.1 /de-facto complainant and the petitioners-accused Nos.1 to 4 are personally present before the Court 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. 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/accused Nos.1 to 4.

In the result, I.A.Nos.2 and 3 of 2019 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.7824 of 2019 on the file of the learned XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, against the petitioners/accused Nos.1 to 4 are hereby quashed.

Miscellaneous petitions, if any pending in the criminal petition, shall stand closed.

__________________ JUSTICE G. SRI DEVI 02nd November, 2019 dr