Jabeenunnisa Begurn , Saniya, v. The State Of Telangana
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Crl.P.M.P.No.17743 of 2014 in Crl.P.No.13297 of 2014 and Criminal Petition No.13297 of 2014 COMMON ORDER:
The de-facto complainant and her counsel Sri Koneti Raja Reddy are present. Accused Nos.4 to 9 are present. A1 to A3 are absent and they are represented by A8 who is GPA holder and their counsel Sri SJA Nadeem are present.
Heard both sides.
The private complaint filed by de-facto complainant was forwarded to the police of Charminar WPS and Crime No.109 of 2014 was registered for the offences under Sections 498A, 406, 506, 323 r/w 34 IPC and Sections 4 and 6 of Dowry Prohibition Act and investigation is stated to be pending. While so, both the parties submitted at the intervention of elders they have amicably settled the disputes and proposed to live peacefully and as per the settlement, the de-facto complainant agreed to obtain Qula with her husband and she also agreed to retain the son with her and A1 agreed not to have right of custody or visitation rights over the child and he has paid Rs.6 lakhs towards full and final settlement for the maintenance of child and herself and in view of the settlement with regard to divorce and maintenance, now the de-facto complainant has no objection for quashment of the proceedings in FIR No.109 of 2014. Therefore, permission may be accorded to the parties to compound the offence and record the
compromise and quash the proceedings in the interests of justice.
Having regard to the above said submission and considering the fact that it is a matrimonial matter and no useful purpose will be served even if the parties are driven to the trial, and following the decision reported in Gian Singh v. State of Punjab and another (2012) 10 SCC 303) this petition is allowed and permission is accorded to compound the offence and compromise is recorded and consequently the proceedings in FIR No.109 of 2014 of Women Police Station, Charminar are hereby quashed.
In the result, both the petitions are accordingly allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U. DURGA PRASAD RAO, J Date: 18.02.2015 Murthy