Syed Abbu Nasar , Syed Abu Nasar v. The State Of Telangana

SMT JUSTICE T.RAJANI I.A. Nos.1 & 2 OF 2018 IN/AND CRIMINAL PETITION No.13296 OF 2018 COMMON ORDER:

1.

I.A. Nos.1 and 2 of 2018 are filed seeking permission to compound the offences and to record the compromise entered into by the parties and quash the proceedings against the petitioner in C.C. No.42 of 2018, pending on the file of the Court of XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Section 498-A of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2.

Heard learned counsel for the petitioner, learned Public Prosecutor, appearing for the 1st respondent - State, and learned counsel for the 2nd respondent - de-facto complainant.

3.

The parties, together, with their respective counsel, are present in the Court and, on being specifically asked, both the parties confirm the terms of compromise as mentioned in the sworn affidavit of the 2nd respondent/de-facto complainant appended to the Application in I.A. No.2 of 2018. 4.

The terms of the compromise show that with the intervention of elders and well wishers, the disputes between the parties were settled amicably and a compromise was reached by executing a Matrimonial Settlement Deed on 11.11.2018, wherein the petitioner and 2nd respondent agreed to get separated by way of Qula divorce. Respondent No.2 also received a sum of Rs.2,00,000/- in cash from the petitioner towards her full and final matrimonial settlement which includes the past and future maintenance, better and fair provisions and the permanent alimony and the same is admitted and acknowledged by the 2nd respondent and as such she has no claim or claims whatsoever against the petitioner and as such the petitioner and 2nd respondent do not want to further proceed in C.C. No.42 of 2018 and the 2nd respondent expressed no objection to

compound the offences and quash the proceedings against the petitioner in C.C. TR,J Crl.P. No.13296 of 2018 No.42 of 2018, pending on the file of the Court of XIII Additional Chief Metropolitan Magistrate, Hyderabad. Since, I am satisfied that the aforesaid compromise is executed by the parties out of their free will and they confirm the terms thereof, when being specifically asked, there is no impediment in recording the said compromise.

5.

Accordingly, both these Applications are allowed. 6.

In view of the above, the instant Criminal Petition is allowed and further proceedings against the petitioner, who is A-1, in C.C. No.42 of 2018, pending on the file of the Court of XIII Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed.

7.

As a sequel, miscellaneous petitions, if any, pending in this Petition shall stand closed.

______________________ T. RAJANI, J Date: 12.12.2018.

Dsh

SMT JUSTICE T.RAJANI TR,J Crl.P. No.13296 of 2018 15122018 I.A. Nos.1 & 2 OF 2018 IN/AND CRIMINAL PETITION No.13296 OF 2018 Date.12.12.2018 DSH