Shaik Khaleel v. The State Of Telangana

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. No.3585 OF 2017 IN/AND CRIMINAL PETITION No.3549 OF 2017 COMMON ORDER:

Criminal Petition No.3549 of 2017 is filed by the petitioners 1 to 4 /accused Nos.1 to 4 under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the First Information Report in Crime No.123 of 2017, dated 24.3.2017 of Amberpet P.S., on the file of XIII-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offences punishable under Sections 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act. 1961. 2.

Criminal Petition M.P. No.3585 of 2017 is filed by the 2nd respondent/de facto complainant, Smt. Farhana Begum, under Section 320 (2) of Cr.P.C. along with her affidavit, Joint Memo dated 25.4.2017 signed and affirmed by both the parties. They request to permit them to compromise the offences and to compound the offences, and consequently to quash the proceedings against the accused Nos.1 to 4 in Crime No.123 of 2017, dated 24.3.2017 of Amberpet P.S., on the file of XIII-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, stating that with the intervention of the elders, they settled the matter between them, outside the Court, as per the Settlement Deed, dated 25.4.2017.

4.

The 2nd respondent/de facto complainant - Smt. Farhana Begum, accused 1 to 4, as well as counsel are present and the parties are identified by their respective counsel, Sri M.A. Qadeer and Sri Mohd. Shanoor. The parties have produced photostat copies of their respective "Aadhaar Cards" in proof of their identity and also attested on the case bundle.

5. On being asked, the 2nd respondent/ de facto complainant and accused Nos.1 to 4 report that that they have compromised the matter at the intervention of the elders and to that effect they have also filed Joint Memo, dated 25.4.2017 and Settlement Deed, dated 25.4.2017 entered into by the parties, and request the Court to record the compromise compounding the offences against the accused Nos. 1 to 4, and, consequently to quash the proceedings. 6.

Since both the parties have affirmed the terms of the Joint Memo, dated 25.4.2017 and Settlement Deed, dated 25.4.2017 entered into by the parties, and request to record the compromise compounding the offences against the accused Nos.1 to 4 and to quash the proceedings and as it is a matrimonial dispute falling within the guidelines laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab1 the parties are permitted to enter into compromise by allowing Criminal Petition M.P. No.3585 of 2017. 1 2012 (10) SCC 303

7.

Accordingly, the Criminal Petition is allowed, at the admission stage itself, quashing the proceedings against the accused Nos.1 to 4 in Crime No.123 of 2017, dated 24.3.2017 of Amberpet P.S., on the file of XIII-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad C.C. No.392 of 2016 on the file of XIIIAdditional Chief Metropolitan Magistrate, Nampally, Hyderabad. The Joint Memo, dated 25.4.2017 and Settlement Deed, dated 25.4.2017 entered into by the parties shall form part of the record. As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition shall stand closed.

__________________________ A. SHANKAR NARAYANA, J Dt. 28.04.2017 gbs