Majid Hussain v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI I.A.No.2 of 2019 In/and CRIMINAL PETITION No. 8616 of 2019 ORDER:

1) The petitioners, who are accused Nos.1 to 4 in C.C.No.191 of 2018 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 498-A and 406 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2) Along with the Criminal Petition, I.A.No.2 of 2019 came to be filed by the second respondent to record the compromise. Along with the petition, a joint memo which is signed by both 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 wife agreed to withdraw the present C.C., D.V.C.No.67 of 2018 and the maintenance case filed by her against her husband and in-laws; the husband also agreed to withdraw the defamation suit vide O.S.No.894 of 2018 filed by him against his wife and her family members and also C.C.No.12030 of 2019 and D.V.A.No.916 of 2019 which are filed against the wife and her

family members. The husband agreed to pay Rs.3,20,000/ - to the wife towards full and final settlement and both of them agreed to take customary divorce. Both the parties agreed that they will not interfere with the personal life of each other in any manner and they shall not indulge in making any adverse comments against each other.

3) Today, petitioner Nos.1, 3 and 4, petitioner No.2 represented by her Power of Attorney Holder Majid Hussain, and the second respondent are present before this Court and they were identified by their respective counsel both the parties 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 second respondent has acknowledged to have received Rs.3,20,000/ - towards full and final settlement by way of three demand drafts bearing Nos. 737376, 737377 and 737378 and the petitioners agreed to hand over the Jahez Articles including a gold chain weighing about 2.5 tolas at the time of withdrawal of D.V.C. proceedings and the maintenance case filed by the second respondent.

The counsel for the 1st petitioner/ A-1 also made a statement across the Bar that the educational certificates which have been retained by the 1st petitioner shall be returned to the second respondent-wife at the time of withdrawal of the D.V.C. proceedings and maintenance case, inturn the 1st petitioner shall withdraw the defamation suit vide O.S.No.

Court, Hyderabad, C.C.No.12030 of 2019 filed by him against the second respondent and her family members and also D.V.A.No.916 of 2019 pending on the file of the III Additional Metropolitan Sessions Judge, Hyderabad. Both the parties have agreed to abide by the conditions which they have arrived at in the settlement deed so also the statements given by them before this Court at the time of recording the compromise proceedings. 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.2 of 2019 is ordered.

5) Accordingly, the Criminal Petition is allowed in terms of compromise, and the proceedings in C.C.No.191 of 2018 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 24.01.2020 gkv

HONOURABLE JUSTICE G. SRI DEVI I.A.No.2 of 2019 In/and CRIMINAL PETITION No. 8616 of 2019 Dated: 24.01.2020 gkv