A single judge bench of the Telangana High Court held as follows,
From Paras 3-6,
3. Sri K. Venumadhav, learned counsel for the petitioners would submit that the 2nd respondent herself filed a petition vide FCOP.No.1267 of 2017 seeking dissolution of marriage on the ground of cruelty and the same was decreed on 12.04.2018 and the said order and decree attained finality. Therefore, the continuation of proceedings against the petitioners for the offences under Sections 498-A of IPC and Sections 4 and 6 of Dowry Prohibition Act, 1961 is not permissible. In support of his contentions he has relied on the principle laid down by the Hon’ble Apex Court in Mohammad Miyan and others v. State of Uttar Pradesh and another1. There are no allegations, much less specific allegations against the petitioners 2 and 3 herein, who are the aged parents of A-1.
4. The 2nd respondent has filed counter affidavit stating that she has filed FCOP.No.1267 of 2017 and the same was decreed and she has received an amount of Rs.2 lakhs as per the settlement taken place between the petitioners and the de-facto complainant. She has also filed a petition vide M.C.No.39 of 2020 and also O.P.No.831 of 2018 on behalf of her son K.Naga Satya Sai towards maintenance and the said OP was closed on receipt of said amount of Rs.2 lakhs.
5. With the said submissions, the 2nd respondent specifically contended that she has no interest in continuing the present proceedings in Cr.No.800 of 2019 against the petitioners herein.
6. Considering the said aspects and also the fact that the marriage of the 1st petitioner with the 2nd respondent was dissolved vide decree and order dt.12.04.2018 in FCOP.No.1267 of 2017 and in view of the principle laid down by the Hon’ble Apex Court in Mohammad Miyan’s case (supra) and also considering the contents of the counter affidavit, this Criminal Petition is allowed and the proceedings 2019(1) ALT (Crl.)276 (SC) in Cr.No.800 of 2019, pending on the file of WPS, DD, Hyderabad, against the petitioners herein are quashed.
Other Sources:
https://indiankanoon.org/doc/81574210/
Index of Quash Judgments is here.
