Ismail Pasha v. The State Of Telangana
HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.2 and 3 of 2019 In/and CRIMINAL PETITION No. 7500 of 2019 ORDER:
The petitioners, who are A1 to A7 in C.C.No.394 of 2016 on the file of the XIII Addl. 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 498-A IPC and 3 and 4 of D.P. Act.
2. During pendency of the Criminal Petition, I.A.Nos.2 and 3 of 2019 came to be filed by the second respondent to record the compromise and to compound the offences. Along with the petitions, a joint memo came to be filed, inter alia stating that at the intervention of elders and well wishers, the parties have settled their disputes in terms of the compromise. The said joint memo has been supported by the affidavit of the second respondent. A1 is represented by A5-Mohammed Pasha @ Syed Mohammad through General Power of Attorney and the GPA is placed on record.
3. According to the affidavit filed by the de facto complainant, due to unavoidable and unpleasant
circumstances, it has been impossible to her to continue her marital relations with A1. A1 pronounced the irrevocable Talaq to her by depositing the Meher and Iddat period amount of Rs.41,250/-, for which, she lodged a complaint before the SHO of Falaknuma P.S. and the police registered a case in Cr.No.320 of 2015 for the offences punishable under Sections 498-A IPC and 3 ad 4 of D.P. Act against the accused. Police after completion of investigation filed charge sheet and the same has been numbered as C.C.No.394 of 2016, which is pending on the file of XIII Addl. Chief Metropolitan Magistrate, Hyderabad. The elders of both family have tried to solve the problem and dispute, but they could not succeed in their attempts.
Accordingly, both parties have come to an amicable settlement to settle the issue permanently and to get the same reduced into writing and accordingly, a settlement deed was reduced into writing on 04.11.2019. It is further stated that she collected Meher and Iddat amount of Rs.41,250/- from the concerned Qazi. Further, she has also received a total sum of Rs.3,00,000/- towards full and final settlement as permanent alimony and towards maintenance of her children. At present, she has no interest to proceed further with the accused.
reduced into writing and the same has been filed along with the criminal petition.
4. Today, both the parties are present before this Court and they are identified by their respective counsel. The parties have produced Aadhar Cards and photographs, which show their identity. 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 second respondent has no objection for quashing the proceedings against the petitioners.
5. In the light of the compromise arrived at between the parties, the compromise memo filed by both the parties is recorded and I.A.Nos.2 and 3 of 2019 are ordered.
6. Accordingly, the Criminal Petition is allowed in terms of compromise, and the proceedings in C.C.No.394 of 2016 on the file of the XIII Addl. Chief Metropolitan Magistrate, Hyderabad, against the present petitioners-A1 to A7 are hereby quashed. Miscellaneous petitions, if any pending shall stand closed.
_______________________ JUSTICE G. SRI DEVI DATED: 03.01.2020.
Hsd
HONOURABLE JUSTICE G. SRI DEVI I.A.Nos.2 and 3 of 2019 In/and CRIMINAL PETITION No.7500 of 2019 Dated: 03.01.2020 Hsd