Mohd. Moizuddin And 2 Others v. Smt. Tasmiya Khan And Other
HONOURABLE JUSTICE G. SRI DEVI I.A.No.3 of 2019 In/and CRIMINAL PETITION No. 7139 of 2019 ORDER:
1) The petitioners, who are accused in C.C.No.1248 of 2019 on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad (old C.C.No.160 of 2012 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad), filed this Criminal Petition under Section 482 Cr.P.C. to quash the proceedings in the above C.C. A charge sheet came to be filed against the petitioners for the offences punishable under Sections 489-A and 406 of I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act, 1961. 2) Along with the Criminal Petition, I.A.No.3 of 2019 came to be filed by the first respondent to record the compromise. Along with the petition, a joint memo which is signed by the parties and their counsel, photographs of the parties and Photostat copies of their Aadhar Cards came to be filed.
It is stated in the affidavit that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the Settlement Deed, which is filed along with the main Criminal Petition. As per the Settlement Deed, the first respondent agreed to withdraw three cases filed by her against the petitioners herein, for which the petitioners agreed to pay Rs.22,00,000/ - to the first respondent through three demand drafts ie. D.D.No.195370, for Rs.7,00,000/ -, D.D.No.195371, for Rs.7,00,000/ - and D.D.No.
Rs.8,00,000/ -, all are dated 10.10.2019, drawn on Canara Bank, Masab Tank Branch, Hyderabad and both the parties have mutually agreed that each D.D. is to be handed over to the first respondent at the time of withdrawal of each case and both the parties agreed that it is a full and final settlement and no claim is remained against each other in future.
3) Today, petitioner No.1, represented by his Power of Attorney Holder Mohd. Khaja Moinuddin (petitioner No.3), petitioner Nos.2 and 3 and the first respondent are present before this Court and they were identified by their respective counsel. This Court, when examined, both the parties have stated that at the instance of the elders, they have settled the matter out of the Court and the first respondent has further stated that she has already received one demand draft bearing No.195370 at the time of withdrawal of M.C.No.8 of 2013. Today, at the time of recording the compromise, the first respondent is acknowledged to have received a demand draft No.195371 for Rs.7.00 lakhs, and the remaining demand draft bearing No.195372 for Rs.8.00 lakhs is to be received by her while withdrawing M.C.No.
60 of 2012, pending on the file of the Additional Metropolitan Sessions Judge-cumFamily Court Judge, Hyderabad and she has no objection for quashing the proceedings against the petitioners. 4) In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.No.3 of 2019 is ordered.
5) Accordingly, the Criminal Petition is allowed in terms of compromise, and the proceedings in C.C.No.1248 of 2019 on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad (old C.C.No.160 of 2012 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad), against the petitioners are hereby quashed.
6) Miscellaneous petitions, if any, pending, shall stand closed. ________________ JUSTICE G. SRI DEVI 03.02.2020 gkv
HONOURABLE JUSTICE G. SRI DEVI I.A.No.3 of 2019 In/and CRIMINAL PETITION No. 7139 of 2019 Dated: 03.02.2020 gkv