Telangana High Court
CRLP/13379/2010 of MOHD. KHADAR KHAN , SAJID Vs THE STATE OF AP REP BY ITS PP HYD. AND ANOTHER on 30 December 2010
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.13379 OF 2010 ORDER: 1 The second respondent herein filed a complaint before the learned XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad against the petitioner and others and the same was referred to Women P.S. South
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION NO.13379 OF 2010
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ORDER:
1 The second respondent herein filed a complaint before thelearned XIII Additional Chief Metropolitan Magistrate, Nampally,Hyderabad against the petitioner and others and the same was referredto Women P.S. South Zone, Hyderabad as provided for under section156(3) Cr.P.C. The same was registered as a case in Cr.No.62 of 2007for the offences punishable under sections 498-A and 406 of IPC andunder sections 4 & 6 of Dowry Prohibition Act against the petitionerherein and others and after investigation a charge sheet was filed and thesame was numbered as C.C.No.686 of 2007 on the file of the Court of theXIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
2 During the pendency of the said proceedings, it appears, therewas a settlement between the parties at the intervention of the elders andin the light of the said settlement, the wife agreed to join the company ofher husband i.e. petitioner herein and accordingly they both are livingtogether since 02.05.2010. In the light of the said settlement, the presentapplication is filed requesting to quash the said proceedings.
3 Today parties are present. When questioned the de factocomplainant by name Smt. Azmat Fatima stated that she and herhusband are living together and hence she is not interested in getting thematter prosecuted. She further submitted that she has no objection if thesaid proceedings against the petitioners are quashed.
4 In the light of the said submissions made by the de factocomplainant herself that she is not interested in getting the matterprosecuted, this court is of the opinion that the said proceedings pendingagainst the petitioner can be quashed.
5 Accordingly, this petition is allowed and the proceedings inC.C.No.686 of 2007 on the file of the Court of the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, pending against thepetitioner are hereby quashed.
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Sri
T.G.K, J.
30.12.2010Kvsn