Mohd. Wajeed Ali v. Nayma Binte Samah

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO I.A.Nos.1 of 2018 in Criminal Petition Nos.12268 and 12285 of 2018 in/and Criminal Petition Nos.12268 and 12285 of 2018 COMMON ORDER :

The self-same petitioner in both the cases is the accused and the 1st respondent is the defacto-complainant in PRC No.41 of 2017 on the file of the VIII Addl.Chief Metropolitan Magistrate, Hyderabad pending from the cognizance taken for the offences punishable under Sections 498-A and 376 of IPC, from Cr.No.209 of 2016 which is impugned in Crl.P.No.12268 of 2018.

The self-same persons are the accused and the defacto-complainant in S.C.No.253 of 2017 on the file of the Metropolitan Sessions Judge, at Hyderabad taken cognizance for the offence under/ sec.307 IPC outcome of Cr.No.242 of 2016 pending.

The defacto-complainant and the accused along with their counsel present before the Court and the defacto-complainant stated that she wants to leave the country to settle herself and it was under certain circumstances she gave report u/ sec.498-A IPC for the matrimonial harassment and she also given a complaint for the offences u/ sec.376IPC with the allegations prior to the marriage and the other complaint is with regard to alleged attack on her in the matrimonial home when she tries to enter into the house of the petitioner-her husband and she has settled the matter with the petitioner as the marital tie was already dissolved as described in the MOU and sought permission to compromise and compound the offences vide I.A.Nos.1 of 2018 in both cases. In view of the compromise between the parties, the same is recorded and they are permitted to compound the offences.

In the result, the I.A.Nos.1 of 2018 are allowed. Consequently, these Criminal Petitions are also allowed quashing the proceedings against the petitioner/ accused in both the PRC No.41 of 2017 on the file of VIII Addl.Chief Meropolitan Magistrate at Hyderabad and in S.C.No.253 of 2017 on the file of the Metropolitan Sessions Judge, at Hyderabad. The petitioner/ accused is acquitted and his bail bonds shall stand cancelled. Pending miscellaneous petitions, if any, shall stand closed. _________________________ Dr. B.SIVA SANKARA RAO J, Date:20.11.2018 vvr