Telangana High Court
Majid Mohammad Mohammed Majid vs The State Of Telangana on 12 December, 2018
SMT JUSTICE T.RAJANI
I.A. Nos.1 & 2 OF 2018
IN/AND
CRIMINAL PETITION No.13287 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 petitioners in Crime No.156 of 2018 on the file of the Station House Officer, Sanathnagar Police Station at Cyberabad, pending on the file of the Court of XXIV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad, registered for the offences punishable under Sections 498-A, 323 and 506 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioners, 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 joint memo 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 01.12.2018, wherein on the offer of Qula made by 2nd respondent, 1st petitioner accepted her offer and pronounced Qula divorce to 2nd respondent on 01.12.2018, as per the Muslim Personal Law, at Hyderabad; 2nd respondent is already in possession of her gold ornaments and also received her entire jahez articles from 1st petitioner, in respect of which she executed a separate receipt acknowledging receipt of the said articles; the 1st petitioner also agreed to pay a lump sum amount of Rs.2,00,000/- to the 2nd respondent and as such agreed to TR,J 2 Crl.P. No.13287 of 2018 hand over the demand draft bearing No.792320, drawn on State Bank of India, Raidurg Branch, Hyderabad, towards the joda ghoda amount towards full and final matrimonial settlement, which includes past and future maintenance, at the time of closure of the Case pending on the file of the Court of XXIV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad. The 2nd respondent also undertakes to execute a separate receipt acknowledging receipt of the said amount. Both the parties agreed that there is no any sort of claim or claims whatsoever against one another and as such the petitioners and 2nd respondent do not want to further proceed in Crime No.156 of 2018 and the 2nd respondent also expressed no objection to compound the offences and quash the proceedings against the petitioners in Crime No.156 of 2018, pending on the file of the Court of XXIV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad. 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 petitioners, who are A-1 to A-4, in Crime No.156 of 2018 on the file of the Station House Officer, Sanathnagar Police Station at Cyberabad, pending on the file of the Court of XXIV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad, 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 TR,J 3 Crl.P. No.13287 of 2018 SMT JUSTICE T.RAJANI 130 15122018 I.A. Nos.1 & 2 OF 2018 IN/AND CRIMINAL PETITION No.13287 OF 2018 Date.12.12.2018 DSH