✦ High Court of India · 12 Feb 2025

The High Court · 2025

Case Details High Court of India · 12 Feb 2025
Court
High Court of India
Decided
12 Feb 2025
Bench
Not available
Length
1,327 words

Acts & Sections

Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to Quash the proceedings in c.c.No.816ll2o22 for the alleged offences under sec. 506 IPC on the fire of the Hon'ble xvll Addl chief Metropolitan Magistrate, at Nampally, Hyderabad against the petitioners/ Accused No.1 & 2. l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased. to stay all further proceedings including personal appearance of the petitioner in c.c.No.8'16712022 on the file of the Hon'ble XVll Addl. chief Metropolitan Magistrate, at Nampally, Hyderabad pending disposal of the main petition for quashing the same. l.A. NO: 2 OF 2025 Between: S. Murali Kris[na, S/o. S. Mallesh, Aged about 31 years, Occ. Gvm Trainer. Rlo.8-3-2281871, Near Nalla Pochamma Temple, Kallu Compouid Galli, Rahmath Nagar, Hyderabad ...Petitioners / Defacto Complainant AND 1 2 3 Stat'e of Telangana, Judicature Represented by Public Prosecutor. High Court of . ..Respondent Mohammed Yakub @ Sarfaraz, S/o. Md. Younus, Aged about 22 years, Occ. Private. Employee, R/o.H.No.B-3-164/6, Erragaddal Nanda Nagar, Sanath Nagar, Hyderabad Syed Samqer S/o Syed Bande Ali, Aged about 25 years, Occ. private Employee, Rl c .8 -2 -228 I 1 51 /Di 1, Rahmath-Nagar, Yousuf{uda, Hyderabad ...Respondents / Accused No 1 & 2 Petition under Section 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 tl-re compromise and quash the proceedings as against the respondent No.2/Accused herein in CC. No. B'167 of 2022 Uls 506 of lpC on the file of the Hon'ble XVll Addl. Chief Metropolitan Magistrate Hyderabad at Nampally This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Baddam Narsimha Reddy, Advocate for the Petitioners and the Additional public Prosecutor on behalf of the Respondent No.1 and of Sri Bandi Sai Vamshi, Advocate for the Respondent No.2. The Court made the following Common Order : I I I HON'BLE SMT. JUSTICE JUWADI SRIDEVI - l.A.No.2 ot 2025 in/and CRIMINAL PETITION No.194 of 2025 ' COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos.1 and 2 to quash the proceedings against them in C.C.No.B'167 of 2022 on the file of XVll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, registered for the offence punishable under Section 506 of lPC.

2. lt is submitted by learned counsel appearing for the petitioners 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.No.2 of 2025 has been filed to record the compromise between them and to compound the offence.

3. Vide order dated 30.0'1 .2025, this Court directed 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 Legal 2 Services Committee, has identified the parties and submitted a report, dated 05.02.2025 and the same is placed on record. r\

5. ln view of the above, l.A.No.2 of 2O2b is allowed, Consequertly, this Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.l and 2 in C.C.No8167 of 2022 on the file of XVll Additional Chief Metropolitan lt/agistrate at Nampally, Hyderabad, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed Sd/. L. LAKSHMI BABU ASSISTANT REGISTRAR //TRUE COPY// \l ECTION OFFICER The XVll Addhional Chief Metropolitan Magistrate at Nampally, Hyderabad The Station House Officer, Jubilee Hills PS, Hyderabad District Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT] One CC to Sri Baddam Narsimha Reddy, Advocate [OPUC] One CC to Sri Bandi Sai Vamshi, Advocate [OPUC] Two CD Copies \ To, 1 2 3 4 5 6 IAlong with the Copy of the Joint Memo of Compromise ] q HIGH COURT DATED:1210i212025 COMMON ORDER l.A.No.2 ot 2Cr25 in / and CRLP.No.194 of 2025 1HE S'rA i € c( 0 3 lllAn 2025 l ,/ a ALLOWING B,OTH THE l.A. & THE CRLP {- - ?-- MBMORANDUM OF CRIMINAL MISC. PETTTION ( Fi red un der t *.r1 r#.]flff ):y IN THE HIGH COURT OF JUDICATURE AT II\DERABAD FOR THE STATE OF TELANGANA I.A..No. Crl.P.No- f of202{- .In )1q *zozE- ) Between: S.Murali Krishna S/o.S.Mallesh, Aged about 3l year.s, occ: Gym Trainer, R/o.8-3-228l871 , Near Nalia pochamma Temple, Kallu Compound Calli, Rahmath Nagar, Hyderabad AND 1 . State of Telangana Represented by Public Prosecutor, High Court Of Judicature

2. Mohammed Yakub @ Sarfaraz, S/o.Ivid. younus, Aged about 22 years, Occ; private Employee, R/o.H. No. 8 -3 - | 64 / 6, Erragad.da, Nanda Nagar, Sanath Nagar, ilyderabad

3. Syed Sameer, S/o.Syed Bande Aii, Aged about 25 years, Occ: private Employee, W o.8-2-2281 I 5 I tDl L, Rahn.rath Nagar, Yousufguda, Hyderabad. I ..Peti tioners/Defacto Complainant ,:r ..Respondent .. .Respondents/ Accused No. I & 2 \2 1Jt >y ,/ x/ t I I I 2 2 I a{oIlANL .rorNT MEMO FrLEp By Tr{E PETTTTONtrR AND RESPONDENTNO.2 \

1. It is submittcd tl'rat the petitioners herein filed the above quash petition seeking t0 quash the C.C.No.13931202-2 U/sec.504, 506 IPC on the fi1e of the Hon'ble I Addl. Metropolitan Magistrate at Malkajgiri. The Respondent No.2 has lodged the above case against the petitioner under U/Sec.504, 506 IPC, \ ! wherein the petitioner was figured as Accused. ,' irr' ' ,1:

2. We humbly submit that at the instance of the elders and well-wishers, we have seftied the disputes amicably ancl the Petitioner and the Respondent No.2 have agreed to seltle the present dispute in C.C.No.816712022 Ulsec. 506 IPC on the file of the Hon'ble XVII Addl. Chief Metropolilan Magistrate, At Nampally, Hyderabad. As such we have filed a petition seeking this Hon'ble court to record the <:ompromise. The ccntents mentioned in the said compromise petition are true and correct to the best of my knowledgc and belief. The said ' compromise is entcrcd with free will and consent and without any coercion. Hence, we are filing the present joint Nfemo. I It is thcrefore prayed that this H<,n'ble Court rnay be pleased to permit the Petitioner herein to compound the o lfences with the Respondent No.2 herein by recor$i4g compronrise and by allow-ing the Criminal petition filed by the petitioner against C C.No.8l 67l2Q22 \Jlsec. 506 IPC on the file of the Hon'ble XVII Addl. Chief Metropolitan Magistrate, At Nampaliy, Hyderabad and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of th,: case. Hyderabad, Dq -t' 'o'ogr*U 6" 5L- COUNSEL PO( Tr rE PETITIOI\6il COUNSEL FOR RI;SPONDENT NO.2 / \J ,{ PETITIONER / / FT0"r4rug o9F 9Y RESp&.rDENr No.2l9 ,"A t4'" , r i i',;1ii.i:

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