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High Court for State of TelanganaCRLP/3293/2017allowed no costs

Jaber Hussain, v. The State Of Telangana,

2017-04-21A.Shankar Narayana2 pages

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION M.P. Nos.3286 AND 3287 OF 2017 IN/AND CRIMINAL PETITION No.3293 OF 2017 COMMON ORDER:

The present Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code'), is filed by accused Nos.1 to 4 in C.C.No.16 of 2011 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, requesting to quash the proceedings in the aforesaid Calendar Case registered for the offences punishable under Sections 498-A, 406 and 506 read with 34 I.P.C. and Sections 4 and 6 of Dowry Prohibition Act.

2. Crl.P.M.P.Nos.3286 and 3287 of 2017, along with the affidavit of respondent No.2 - de facto complainant and Joint Memo signed by both parties and their respective counsel, are filed by respondent No.2, under Section 320 of the Code, requesting to permit her to compound the offences and to quash the proceedings in the aforesaid Calendar Case, in view of the compromise entered into between the parties.

3. Petitioners and respondent No.2 as well as their respective counsel, namely Sri Shakeel Ahmed, appearing for the petitioners - accused Nos.1 to 4, and Sri Syed Abdul Faheem, appearing for respondent No.2 - de facto complainant, are present and the parties are identified by their respective counsel. Petitioners and respondent No.2 have produced photostat copies of their 'Aadhar Cards' in proof of their identity.

ASN,J Crl.P.No.3293 of 2017

4. Respondent No.2 - de facto complainant affirm the contents mentioned in the affidavit and the Joint Memo filed along with the compromise petition and so also, the petitioners. In the Joint Memo, it is stated that at the intervention of elders and well-wishers, petitioners and respondent No.2 have compromised the matter and in view of the same, respondent No.2 - de facto complainant does not want to proceed further in the aforesaid Calendar Case.

5. Since both the parties affirm the contents mentioned in the Joint Memo referred to above and request to record compromise and quash the proceedings in the aforesaid Calendar Case against the petitioners, and in view of the law declared by the Honourable Supreme Court in Gian Singh v.

State of Punjab1, Crl.P.M.P.Nos.3286 and 3287 of 2017 are allowed recording compromise between the parties

6. Accordingly, the Criminal Petition is allowed quashing the proceedings in C.C.No.16 of 2011 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, against the petitioners herein. The Joint Memo shall form part of the record. Miscellaneous Petitions, if any, pending in this Criminal Petition, shall stand closed.

___________________________ A. SHANKAR NARAYANA, J April 21, 2017.

MD 1 2012 (10) SCC 303