Allowed

Md. Shahed Ali Farooqui, v. The State of Andhra Pradesh

Telangana HC8 Apr 2010CRLP/3203/2010

Case brief

AI extract

What is this about?

The Court disposed of four connected criminal petitions filed under Section 482 Cr.P.C. seeking quashing of proceedings under 498-A IPC, Dowry Prohibition Act, and related sections. Relying on an out-of-court compromise and matrimonial settlement deed, the Court found no purpose served by continuing criminal trials and quashed the proceedings.

What did the court decide?

Cr.P. Nos. 2742/2010, 2770/2010, 3204/2011, and 3203/2011 allowed; proceedings in C.C. No. 572 of 2009 and D.V.C. No. 17 of 2009 quashed.

Md. Shahed Ali Farooqui, Vs The State of Andhra Pradesh — Dowry and Cruelty | Telangana HC (2010)

¶1

HON'BLE SRI JUSTICE RAJA ELANGO

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CRIMINAL PETITION Nos.2742 & 2770 of 2010 and CRIMINAL PETITION Nos.3204 & 3203 of 2011

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COMMON ORDER:

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Petitioner-accused No.2 filed Crl.P.No.2742 of 2010 and petitioneraccused No.1 filed Crl.P.No.3203 of 2011, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in C.C.No.572 of 2009 on the file of the 13^th Addl. Chief Metropolitan Magistrate at Hyderabad, taken on file for the offences under Sections 498-A, 406 r/w 120-B IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act.

¶5

Petitioners-respondent Nos.2 and 3 filed Crl.P.No.2770 of 2010 and petitioner-respondent No.1 filed Crl.P.No.3204 of 2011, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in D.V.C.No.17 of 2009 on the file of the 13^th Addl. Chief Metropolitan Magistrate at Hyderabad.

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Since the parties to all the criminal petitions and the dispute involved in all the criminal petitions are one and the same, all the criminal petitions are disposed of together by this common order.

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It is submitted by the learned counsel for the petitioners that during pendency of the Criminal Petitions, at the intervention of elders and well wishers, both the parties compromised the matter out of Court and to that effect they entered into a Matrimonial Settlement Deed on 04.02.2011. Therefore, he prayed to quash the proceedings against the petitioners in the calendar case and in the domestic violence case.

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The complainant 2^nd respondent herein is present before this Court and produced her identity and the same are verified by the learned Additional Public Prosecutor. The 2^nd respondent stated that on the advice of elders and well-wishers, herself and the petitioners have compromised the matter and therefore she intends to withdraw the criminal proceedings pending against

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the petitioners with free will and consent and there is no coercion or undue influence from any other side for the same. She also filed affidavits in all the criminal petitions praying the Court to quash the proceedings against the petitioners in the calendar case and in the domestic violence case.

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The learned Addl. Public Prosecutor submitted that there is no objection to quash the proceedings against the petitioners inasmuch as both the parties settled the matter amicably.

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In the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against the petitioners would serve no purpose and by invoking the provisions under Section 482 Cr.P.C. the proceedings in the calendar case and in the domestic violence case can be quashed.

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Accordingly, all the Criminal Petitions are allowed and the proceedings initiated against the petitioners herein in C.C.No.572 of 2009 and D.V.C.No.17 of 2009 on the file of the 13^th Addl. Chief Metropolitan Magistrate at Hyderabad, are hereby quashed. The Matrimonial Settlement Deed dated 04.02.2011 entered into between the parties and the affidavits filed by the 2^nd respondent be made as part of this order.

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Miscellaneous Petitions, if any, filed shall stand closed.

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__________________ RAJA ELANGO, J

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18^th March, 2011 CBS

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HON’BLE SRI JUSTICE RAJA ELANGO

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CRIMINAL PETITION Nos.2742 & 2770 of 2010 and CRIMINAL PETITION Nos.3204 & 3203 of 2011 (Allowed)

¶18

18^th March, 2010

¶19

CBS

Md. Shahed Ali Farooqui, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Md. Shahed Ali Farooqui, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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