✦ High Court of India · 05 Mar 2025

The High Court · 2025

Case Details High Court of India · 05 Mar 2025
Court
High Court of India
Decided
05 Mar 2025
Bench
Not available
Length
1,216 words

The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad. Smt Asma Fatima, Wo Mohammed Ahrar, Aged about 32 years, Occ. H ou sewife. R/o H. No.'l 8-2- 39 130 I 1, Bandlagu-ia, Hyderabar!, Telangana State ...RespondenUDe-facto Complaina nt Petrtron under Section 528 of BNSS praying that in the crrcumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased lo Quash the proceedings against the Petitioner/Accused No 1 in FIR No 209 of 2024 dated 19.07 .2024 on the file of Santosh Nagar potice Station, Hyderabad in the interest of justice. l.A. NO: 2 OF 2025 Petrtron under Sectron 528 of BNSS praying that in the circumstances stated in the [ilemorandum of Grounds of Criminal petition, the High Court may be pleased to stay all further proceedings including arrest of the petitioner/Accused No 1 in FIR No 209 of 2024 dated 19.07.2024 on the file of Santosh Nagar police Station. Hyderabad, pendrng dasposal of the above Criminal petition. l.A. NO: 3OF 2025 BETWEEN: Smt. Asma Fatima, Wo Mohammed Ahrar, Aged about 32 years, Occ. Housewife, R/o H. No.18-2-39/30/1 , Bandlaguda, Hyderabad, Telangana State. . ..Petitioner/Respondent No.2 in l.A.Nos .3 & 4 ol 2O25

1. Mohammed Ahrar, S/o Shaik Mohammed, Aged about 33 years, Occ. Business, R/o H.No.18-8-6461N23, Mohd Nagar, EdiBazar, Hyderabad. AND ...Petitioner/Accused No.1 in l.A.Nos.3 & 4 ol 2025

2. The State of Telangana, Rep. by the Public Prosecutor, High Court at ' Hyderabad ..RespondenURespondent No.1 in I.A.Nos.3 & 4 of 2025 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petrtioner/Respondent No.2 to compound the offences in FIR No.209 of 2024 dated '19.07 2024 Ulsec. 85,74, 115(2),352,351(2\, R/w 3(5) BNS on the file of Santosh Nagar Police Statron, Hyderabad. l.A. NO: 4OF 2025 Petition under Sectron 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromrse statement and Quash the proceedings against the Petitioner/Accused No 1 in FIR No 209 of 2024 dated 19.07.2024 on the file of Santosh Nagar Police Station, Hyderabad, in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MD Fayaz Ali, Advocate for the Petitroner and the Additronal Public Prosecutor on behalf of the Respondent No.1 and of Sri Syed Razzaq Ahmed, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER HON'BLE SMT. JUSTICE JUWADI SRIDEVI LA.Nos.3 and 4 ot 2025 in/and CRIMINAL PETITION No.574 of 2025 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioner/accused No.1 to quash the proceedings against him in F.l.R.No.209 of 2024 of Santosh Nagar Police Station, Hyderabad, registered for the offences punishable under Sections 85,74, 115(2),352,351(2) rtw 3(5) of BNS. \ \

2. lt is submitted by learned counsel appearing for the petitioner as well as the respondent No.2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, l.A.Nos.3 and 4 of 2025 have been filed to record the compromise between them and to compound the offences. 3 Vide order dated 19 02.2025, this Court direc-ted the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report.

4. Pursuant to the above said direction issued by this Court. the parties have appeared and the Secretary, High Court Leg ..-*rd-d**r!qG-:< 2 Services Committee, has identified the parties and submitted a report, dated 25.02.2025 and the same is placed on record

5. ln view of the above, l.A.Nos.3 and 4 of 2025 are allowed. Consequently, this Criminal Petition is allowed and the proceedings against the petitioner/accused No.1 in F.l.R.No.209 of 2024 of Santosh Nagar Police Station, Hyderabad, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed. To, sD/- P CH NAGABHUST-IAMBA DEPUW REGISTRAR I \iv //TRUE COPY// SECTION OFFICER '1. The Vll Additional Chief Judicial Magrstrate at Nampatty, Hyderabad 2. The statioh House Officer, Santosh Nagar Police Station, Hyderabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telanganarat Hyderabad (OUT)

4. One CC to Sri Md Fayaz Ali, Advocate [OPUC] 5. One CC to Sri Syed Razzaq Ahmed Advocate [OPUCI 6. Two CD Copies I' ADK/PSL Along with a copy of Joint Memo of Compromise W E HIGH COURT DATED:0510312025 I { COMMON ORDER l.A.Nos.3 and 4 ot 2025 ln/and CRLP.No.574 ot 2025 o? 1HS- S14 ,; ?6 Apn Z0Z5 $ 1> * a Ar c.' r_O + ALLOWING THE CRLP AND tA.NOs.3 & 4 OF 2O2S @,,\-\$ f\ .'1 9 IN THE HIGH COIJRT FOR T}IE STATE OF TELANGANA AT I{YDERABAD I.A.No CRL.P.No. BETWEEN U I IN f+q oF 20 oF 20 ,f Moliammed Ahrar S/o Shaik Mohammed, Aged atout 33 years, Occ: Business, R"/o H,Nq. 1 E-8 .@6/ N23, Mohd Nagar, Ed1B.g1, HVderabad ... .. Petitioner/Accused No. l 1 2 AND The State ofTelangan4 Rep. by the Public Prosecutor, I{igb- Court at Hyderabad ' Smt. Asma Fatima Wo Mohammed Ahrar, Aged about 32years, Occ: Housewife, R/o HNo. I 8:2-391301 l, Bandlaguda, Hyderabad'Te[angana ..Respondent/De-factocomprainant JOINT MEMO

1. It is submitted that Respondent No.2 lodged a Complaint dated

19.07.2024 before Santosh Police Station, Hyderabad, ,! .a$ainst the i"titior". herein, wheleas Police registered a case as FIR No.209 of 2024 dated 19.07.2024 lor the offences Ulsec.85,74, 115(2),352, 351(2), R/w 3(5) BNS against the Petitioner and shown them as Accused No. I I x! I i I I I I i l I i I I I I ; I I I ! i i # B 2 It is submitted that after registering the above case the Respondent No.2 realized that the above complaint has been lodged due to misunderstandings and both the parties decided to enter into compromise, accordingly the Respondent No.2 withdrawn the above case against the petitioner. 3 It is submitted that due to intervention of elders and well wishers the matter has beerr settled amicably between the parties, as such it is just andlnecessary to quash the above FIR and to record the compromise statement between the petitioner and Respondent No.2. It is therefore prayed that this Hon'ble Court may be pleased to record the compromise statement and euash the proceedings against the Petitioner/Accused No.l in FIR No.209 of 2024 dated 19.07.2024 on rhe file of Santosh Nagar Police Station, Hyderabad, in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. Hence, this Joint Memo. Pe t h.- Counse I for etrtloner Respo o.2 Coun spondent No.2 HYDERABAD DATE: 19.12.2024

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