Mohd Ahmed Mohiuddin , Habeeb v. The State Of Telangana
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY I.A.No. 2 OF 2018 IN/AND CRIMINAL PETITION NO.9162 OF 2018 ORDER:
I.A.No. 2 OF 2018 This miscellaneous petition is filed seeking permission of this Court to compromise and compound the offence in C.C.No.164 of 2013 on the file of XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, for the offence punishable under Section 498-A IPC.
The second respondent filed a complaint before the police. On the strength of the complaint, crime was registered and the police issued F.I.R. At the crime stage, both the parties entered into compromise, settled the claims against one another and decided not to proceed against one another, thereby, resolved the dispute amicably.
Both the petitioners and second respondent are present and they are identified by their respective counsels and produced Photostat copies of Aadhar cards to prove their identity. A joint compromise memo dated 27.08.2018 is filed by both the parties, when terms of compromise are explained in Urdu language by Learned Public Prosecutor for the State of Telangana, they are admitted to be true and correct. Further, it is now submitted that, first petitioner and second respondent have agreed for divorce by mutual consent and they are living separately and
MSM,J CrlP_9162_2018 both parties have voluntarily entered into compromise due to intervention of elders and well-wishers and they wanted to lead peaceful life in future.
Hence, taking into consideration the facts of the case, leave is granted to compound the offence to maintain peace and harmony between the parties. Therefore, I find that the compromise is voluntary, in the interest of both parties and permission is granted to compound the offence.
Hence, compromise is recorded in terms of the joint memo filed along with this petition. Accordingly, this petition is ordered. Crl.P.NO.9162 OF 2018 In view of the order passed by this Court in I.A.No.2 of 2018, this criminal petition is allowed and the proceedings C.C.No.164 of 2013 on the file of XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, are hereby quashed. Registry is directed to annex a copy of joint memo filed by both the parties, to this order.
Consequently, miscellaneous applications pending if any, shall also stand closed. No costs.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 29.08.2018 SP