The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandunr of Grounds c.,f Criminal Petition, the High Court may be pleased to Quash C.C No 115 ol 2023 on THE FIL.E OF THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE-Cui\4. Vlll ADDL JUDlClr\L TvIAGISTRATE OF FIRST CLASS, RANGA REDDY DISTRICT AT KUKAI'PALLY asainst petitioner herein, as abuse of process of iaw, to meet the ends of justice. l.A. NO: 2 OF 2025 Between: Smt. I\Ieharaj Begum @ l\lehraj Begum, D/o Late Abdul Aziz, Aged.32 years, Occ.Housewife, R/o H.No. 4-732, New Hafeezpet, Tirumalagiri, Miyapur, Hyderabad, Telangana-500049. ...PETITIONER/DE.FACTO COMPLAINANT AND 1 The State of Telangana, rep.. by its Public Prosecutor, High Court, 2 Hyderabad. lVlohammed Shabbir Pasha, S/o. lvlohammed Chand Pasha, Aged about 36 years, Occ. Private Employee, Presently working and residing at Muscat, Oman, being rept., by GPA ltlohammed Chand Pasha S/o Late lr4ohd Khaja, Aged about 66 years, Occ.Unemployed R/o Plot No. 97, H.No. 4-6-3219718, Baba Nagar, Nacharam, Moulali Medchal-Malkajgiri District, Telangana. 500076, I petition under Section 35e (6) or exss p,"vi;[?ff"#'ttt-J:J];S,y"t"t"? stated in the [t4emorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compound offence against all the accused persons in C.C No. 115 of 2023 THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE.CUM. VIII ADDL, JUDICIAL MAGISTRATE OF FIRST CLASS, RANGA REDDY DISTRICT AT KUKATPALLY, I.A. NO: 3 OF 2025 Petition under Section 320 (2) R/w 401 of Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petitron, the High Court may be pleased to Compromise the Offence against all the accused persons in C C.C No 1 15 of 2023 on THE FILE OF THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE-CUIM. VIII ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS, RANGA REDDY DISTRICT AT KUKATPALLY. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mir Mukarram Ali, Advocate for the Petitioner, Additional Public Prosecutor on behalf of the Respondent No. 1 and of Sri A. Narender Yadav, Advocate for the Respondent No. 2. The Court made the following: COMMON ORDER ,/ HON'BLE SMT. JUSTICE JUWADI SRIDEVI . l.A.Nos.2 and 3 of 2025 in/a nd CRIMINAL PETITION No.382 of 2025 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioner/accused to quash the proceedings against him in C.C. No.115 of 2023 on the file of Principal Junior Civil Judge- cum-Vlll Additional Judicial [Vlagistrate of First Class, Ranga Reddy District at Kukatpally, registered for the offences punishable under Sections 49BA of IPC and Sections 3 and 4 of Dowry Prohibition Act and Sections 3 & 4 of the tt/luslim Women (Protection of Rights on Marriage) Act, 2019.

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.2 and 3 of 2025 have been filed to record the compromise between them and to compound the I offences.

3. Vide order dated 28.0'l .2025, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court for 2 r 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 'Services Committee, has identified the parties and submitted a report, dated 31 .01 .2025 and the same is placed on record.

5. ln view of the above, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, this Criminal Petition is allowed and the proceedings against the petitioner/accused in C.C. No.115 of 2023 on the file of Principal Junior Civil Judge-cum-Vlll Additional Judicial [Vlagistrate of First Class, Ranga Reddy District at Kukatpally, are hereby quashed. It/iscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/- L. LAKSHMI BABU STANT REGISTRAR ASS t SECTION OFFICER ,n" principal Junior civil Judge-cunr-Vlll Additional Metropolitan Magistrate, Cvberabad at KukatPallY z iil" Strti- r-roriu Oilii"' Miyapur Police Station Cvberabad 3. rwo ccs to rhe pr;ii;E;,jutlih;i,'H]g;-c;;,r for the state of relansana at 4 61,;"bC t; s"i Mii ttltux"tt'* Ali Advocate to?!.ql - E. il; dd io sri n r'laienaer Yadav' Advocate [oPUC] 6. Two CD CoPies . - iAi."g *iit 'a copy of Joint Memo of Compromrs Hvderabad. [OUT] e) \ to'.,. VH @a I HIGH COURT DATED: 4il0212025 COMMON ORDER l.A. NO: 2 AND 3 OF 2025 IN/AND CRLP.No.382 ot 2025 ALLOWING THE CRIMINAL PETITION (.i \ 1rt5. S i,.i ;l\ i o3 npn zois .?.5.cl,: 7 6-., rr11_ ^r t I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD CRLP No. ol2O2$ BETWEEN:- Smt. Meharaj Begum @ Mehraj Begum D lo Late Abdui Aziz, Aged: 32 years, Occ: Housewife, R/o F{.No. 4-732, NewHafeezpet, Tirumalagiri, Miyapur, Hyderabad, Telangana:500049. . . ., Petitioner/ De-facto Complainant AND

1. The State of Telalgana, rep., by its Public Prosecutor, High Court, Hyderabad.

2. Mohammed. Shabbir Pasha, S/o. Mohammed Chand Pasha, Aged about 36 years,'Occ: Private employee Presently working and residing at Muscat, Oman, being rept., by GPA Mohammed Chand Pasha S/o Late Mohd Khaja, Aged about 66 years, Occ: Unemployed R/o Plot No. 97, H.No. 4-6-32/9718, Baba Nagar, Nacharam, Moulali Medchal-Malkajgiri District, Telangana. 50O076. JOINT IVIEMO .. Respondents / Accused May it please Your Lordship! This is to bring to the kind notice of this Hon'ble Court that petitioner herein is the de-facto complainant in C.C No. 115 of 2023 oN THE FILE OF THE COURT OF HON,BLE PRINCIPAL JUNIOR CIVIL JUDGE-CUM. VIII ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS, RANGA REDDY DISTRICT AT KUKATPALLY. The petitioner and respondent No 2 amicably agreed to put an end to tl-re above mentioned C.C No. 115 of 2023 by jointly approaching this Hon'ble Court to compound the offences and quash the above mentioned case on the terms and conditions mentioned below:

1. That petitioner amicably and unilaterally agreed to withdraw the criminal case bearing C.C No. ll5 of 2023 on THE FILE OF &s)* .\. : { ! x THE COURT OF HON'BLE PRINCIPAL JUNIOR CIVIL JUDGtr. CUM- VIII ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS, RANGA REDDY DISTRICT AT KUKATPALLY, against the respondent in the light of this compromise entered between the parties.

2. That both the parties agreed that they will not hle any other criminal or civil cases against each other, in future claiming or asserting their rights against each other. As such both the parties have got no claim or ciaim whatsoever against each other, if any claim arises in future it shall be treated as null and void and not binding upon all the partics to this agreement. The parties decided to solve aly problem arising between them by putting before elders of both the parties or to refer it to arbitration.

3. That the petitioner agreed and accepted the Talaaq made and pronounced by the respondent on 2O-O4-2O22 in lieu of this matrimonial settlement.

4. That both the parties will resume their normal lives, by leaving behind their past differences which resulted in first party filing a criminal case against 2"d party. I I

5. That the party of the.second part has agreed to pay lump sum amount of Rs 7,00,000/ ( Rupees Seven Lakhs Only) in cash to the first party towards her and her daughter maintenance amount, past and future maintenance, including better and fair provision of maintenance, fu11 and final marital settlement, after the first party withdrawing 1) C.C No. 115 of 2023 on THE PILE OF THE COURT OF HONtsLE PRINCIPAL JUNIOR CIVIL JUDGE.CUM- VIII ADDL. JUDICIAL MAGISTRATE OF ,m @.w --------------- t' I FIRST CLASS, RANGA REDDY DISTRICT AT KUKATPAI,LY and DVC No. 18 of 2023, on the file of Principal Junior Civil Judge- cum-lV Metropolitan Magistrate, at L. B. Nagar.

6. That party of the second part agreed that custody and guardianship of the minor wards i.e., SARAH FATIMA (D.O.B OL-ll-2O2O) will continue, to remain with party of the first part being the natural mother. .

7. That the party of the lirst part shall be responsible to withdraw the above-mentioned cases, by following the due process of law and the above-mentioned amount will be paid to the party of the first part subject to withdrawal of all the above-mentioned cases and not prior to that.

8. That the first party declares and undertakes that she will not make any claim in respect of movable or immovable property belonging to the second parties, if she raise any such claim then the same shall be tieated as nuli and void and not binding upon the second party herein.

9. That both the parties undertake that they have settled the , i birtife matrimonial issues relating to them to their full satisfaction and in receipt of the above mentioned amount'tlre First Party hereby undertakes not to claim any matrimonial alimony in future from the second party and thby wiii not lile any'sort of civil or criminal cases against one another in future after this fuli and final matrimonial settlement.

10. That the first party declares that the above criminal case and DVC was filed due to misunderstandings and since they had reached an understanding they do not intend to prosecute the same, before the courts of law. 4[?*sJ*, ^ww I I t I \ 1 1. That this Marita-l Settiement Agreement is made and executed in two original sets of Rs: 100/ each and both the parties shall retain one set each,. duly signed by both the parties and witnesses with them for their use and protection.

12. If any dispute arises out of this Marital Settlement Agreement, both the parties to this Agreement will appoint an arbitrator to adjudicate the dispute. The arbitration proceedings and the award will be passed in the light of the Arbitration Act, 1996. The Arbitration will be conducted in English language at Hyderabad, Telangana Stale'. Petitioner and respondent has amicably settle the matter in the light of the terms and conditions mentioned supra agreed to rvithdraw C.C No. 115 of 2023 on THE FILE OF THE COURT OF HON'BLE PRINCIPAL JUNIOR CIVIL JUDGE.CUM- VIII ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS, RANGA REDDY DISTRICT AT KUKATPALLY and shall reside together at their matrimonial house. Therefore it is prayed before this Hon'ble Court to permit us to enter in to a compromise in accordance to law. He nce this memo. 2O2$ at Hyderabad Place: Hyderabad Date: -Ql*2O2$ Stands verilied on this e Day Of Januqrv Peeemb+? nrfr'" .<r-9so," Counsel for Petitioner Counsel for Respondents ,\ 1srrr.' M1 W@Mehraj Be gumf PETITIONER ZK-k"- (Mohamm-ed Shabbir Pasha Rept by his GPA Mohammed Chand Pasha) RESPONDENT t ^