CRLP/5777/2010 of Dr. K. Navee alias Dr. K. Naveen Reddy,(BVSC), Vs Smt. K.Shylaja Reddy, on 31 December 2010

COMMON ORDER:

1 Smt. Sailaja Reddy filed DVC No.2 of 2009 allegingdomestic violence and cruelty against her husband, father-in-law,mother-in-law and sister-in-law and the same is pending before thelearned Special Judicial First Class Magistrate (Mobile)Kamareddy, Nizamabad District. Similarly the said Sailaja Reddyfiled a private complaint against her husband and inlaws allegingthe offences punishable under sections 323, 420, 498-A and 506 –II r/w 34 of IPC and under sections 3 & 4 of Dowry ProhibitionAct. The matter was referred to the police and after investigationthe Station House Officer, W.P.S, Begumpet, North Zone,Hyderabad filed a charge sheet and the same was numbered asC.C.No.606 of 2009 on the file of the court of the XIII AdditionalChief Metropolitan Magistrate, Hyderabad. Stating thatcontinuance of the proceedings in said D.V.C. No.2 of 2009 isnothing but abuse of process of the court, the parents-in-law andsister-in-law of the said Sailaja Reddy filed Crl.P.No.6646 of 2009and the husband Mr. Naveen Reddy filed Crl.P.No.9358 of 2009. Similarly all the accused filed Crl.P.No.5777 of 2010 questioningthe proceedings in C.C.No.606 of 2009 on the file of the court ofthe XIII Additional Chief Metropolitan Magistrate, Hyderabad. Inthe light of the said commonness, all these three petitions aredisposed of by way of this common order.

2 In Crl.P.Nos.6646 and 9358 of 2009, this court waspleased to grant interim stay until further orders. However, thehusband of said Sailaja Reddy by name Dr.K.Naveen Reddy hadfiled a Marriage Case No.2253 of 2008 before the Family Court atBangalore for dissolution of the marriage between the spouses.

3 It appears, during the pendency of the above proceedings,there was a settlement between the parties and as per the saidsettlement arrived at, the de facto complainant Smt. Sailaja Reddyagreed for divorce. Accordingly in the divorce Petition 2253 of2008 filed by the husband, both parties agreed to file an applicationseeking divorce by mutual consent. In the light of the saidsettlement arrived at between the parties, both parties filed anaffidavit wherein it is stated that the wife agrees for the terms andconditions of the said compromise. The said terms and conditionsof the said compromise are as follows:

a.The petitioner and 2[nd] respondent had come to acompromise before the elders and decided to takedecree of divorce and accordingly the 2[nd] respondenthas agreed to take an amount of Rs.60,00,000/- fromthe petitioner as permanent alimony. As per the aboveterms of compromise the petitioner / husband hasalready paid an amount of Rs.1,00,000/- to the 2[nd]respondent / wife by way of cheque and same wasacknowledged by the 2[nd] respondent towards part ofthe permanent alimony.compromise before the elders and decided to takedecree of divorce and accordingly the 2[nd] respondenthas agreed to take an amount of Rs.60,00,000/- fromthe petitioner as permanent alimony. As per the aboveterms of compromise the petitioner / husband hasalready paid an amount of Rs.1,00,000/- to the 2[nd]respondent / wife by way of cheque and same wasacknowledged by the 2[nd] respondent towards part ofthe permanent alimony.

b.The petitioner had also paid an amount of Rs.15,00,000/-vide bankers cheque bearing No.005473, drawn onHDFC Bank, at Hyderabad dated 29.12.2010 to the 2[nd]respondent as per the part payment of the permanentalimony before the High Court of Andhra Pradesh.vide bankers cheque bearing No.005473, drawn onHDFC Bank, at Hyderabad dated 29.12.2010 to the 2[nd]respondent as per the part payment of the permanentalimony before the High Court of Andhra Pradesh.

c.The petitioner is agreed to give 2 Kg silver and clothes ofthe 2[nd] respondent before the High Court at the time ofquash proceedings and the petitioner already handedthe 2[nd] respondent before the High Court at the time ofquash proceedings and the petitioner already handed over 46 tolas of Gold to the 2[nd] respondent and thesame was acknowledged by her.

d.The 2[nd] respondent agreed to receive an amount ofRs.44,00,000/- by way of bankers cheque / demanddraft at the time of decree of divorce in marriage caseproceedings No.2253 of 2008 pending before theJudge, Family Court, Bangalore and the petitioners areready to pay the said amount towards permanentalimony.Rs.44,00,000/- by way of bankers cheque / demanddraft at the time of decree of divorce in marriage caseproceedings No.2253 of 2008 pending before theJudge, Family Court, Bangalore and the petitioners areready to pay the said amount towards permanentalimony.

e.That the petitioner and 2[nd] respondent are agreed totake divorce in the Marriage Case proceedings no.2253of 2008 pending before the Judge, Family Court,Bangalore and the 2[nd] respondent have no objection todivorce.take divorce in the Marriage Case proceedings no.2253of 2008 pending before the Judge, Family Court,Bangalore and the 2[nd] respondent have no objection todivorce.f.The 2[nd] respondent have no objection to quash the DVCNo.2 of 2009 in Crl.P.No.6646 of 2009 andCrl.P.No.9358 of 2009 against the petitioner pending onthe file of the Special Judicial First Class Magistrate(Mobile), at Kamareddy, Nizamabad District.No.2 of 2009 in Crl.P.No.6646 of 2009 andCrl.P.No.9358 of 2009 against the petitioner pending onthe file of the Special Judicial First Class Magistrate(Mobile), at Kamareddy, Nizamabad District.

g.That 2[nd] respondent also agreed to quash theC.C.No.606 of 2009 in 5777 of 2010 against thepetitioner on the file of the XV Additional ChiefMetropolitan Magistrate, Hyderabad.C.C.No.606 of 2009 in 5777 of 2010 against thepetitioner on the file of the XV Additional ChiefMetropolitan Magistrate, Hyderabad.

h.That the 2[nd] respondent will not claim any rights over theproperty of the petitioner or respondents 3 to 5 and asshe is receiving full and final permanent alimony as perterms and conditions of the compromise and she willnot file any cases in future against the petitioner andalso the respondents 3 to 5 or their relatives.property of the petitioner or respondents 3 to 5 and asshe is receiving full and final permanent alimony as perterms and conditions of the compromise and she willnot file any cases in future against the petitioner andalso the respondents 3 to 5 or their relatives.

i.That the 2[nd] respondent have agreed for the above termsand conditions with free will and concerned and there isno extraneous pressure on her in compromising matterand she has no objection to quash the proceedings inDVC No.2 of 2009 on the file of the Special JudicialFirst lass Magistrate (Mobile) at Kamareddy,Nizamabad District against the petitioner and therespondents 3 to 5.and conditions with free will and concerned and there isno extraneous pressure on her in compromising matterand she has no objection to quash the proceedings inDVC No.2 of 2009 on the file of the Special JudicialFirst lass Magistrate (Mobile) at Kamareddy,Nizamabad District against the petitioner and therespondents 3 to 5.

4 In the light of the said settlement arrived between the parties, they appeared before the court today. When questioned

Smt. Sailaja Reddy stated that she as per the recitals of the saidcompromise, she received an amount of Rs.15,00,000/- and thebalance amount is to be paid as and when the marriage betweenthem is dissolved. She further stated that she has no objection ifthe proceedings in all the cases are quashed.

5 In view of the said submissions and having regard to thefact that the parties have entered into a compromise, this court isof the view that the proceedings in all the cases can be quashed.

6 Accordingly, all the three petitions are allowed and thesaid proceedings in D.V.C.No.2 of 2009 pending on the file of thecourt of the Special Judicial First Class Magistrate (Mobile)Kamareddy, Nizamabad District as well as the proceedings inC.C.No.606 of 2009 pending on the file of the Court of the XIIIAdditional Chief Metropolitan Magistrate, Hyderabad are herebyquashed.

Sri T.G.K, J.30[th] December 2010Kvsn

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