✦ High Court of India · 13 Oct 2025

The High Court · 2025

Case Details High Court of India · 13 Oct 2025
Court
High Court of India
Decided
13 Oct 2025
Bench
Not available
Length
1,919 words

Acts & Sections

The State of Telangana, Rep. by its Public Prosecutor High Court of Telangana, Through P.S. WPS, CCS, DD, Hyderabad. (Crime No 97512021) Farheen Begum, W/o. tt/ohammed Afroseuddin, Aged about. 28 years, Occ. Housewife, R/ o. H No.9-+-47132111A, Hakeempet, Tolichowki, Hyderabad' Cell No 9014021620 ... Respondents 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 chargesheet vide C.C-No 3945 of 2022 dated.2B-03-2022 in F.l.R.No.975 of 2021, P.S.WPS' CCS, DD' U/Sec 498-4, 406, of lPC, Sec.3 and 4 of D.P. Act, on the file of the Xlll Additional Chief Judicial tVlagistrate Gandhi Bhavan at Nampally. l.A. NO: 2 OF 2025 -1. Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, t re High Court may be pleased to stay all further proceedings in the chargeshee vide C C,No.3945 of 2022dated 2S-03-2022inF.l R.No975of 2021 PS WPS CCS DD,U/Sec 498A,406, of IPC,3 and 4 of D.P. Act, on the file of the X Il Additional Chief Judicial Magistrate Gandhi Bhavan at Nampally. pending d s rosal of the above criminal petition. LA. NO: 3 OF 2025 Between: Farheen Begum, Wo. Mohammed Afroseuddin, Aged abo rt. 28 years, Occ Housewife, R/ o. H No.9-4-47132111A, Hakeempet, Tolichc vki, Hyderabad, Cell No 9014021620 ...Petitioner/Respondent No.2 in l.A.N os.3 and 4 oI 2Q25 AND Mohammed Habeebudd n, Aged about. 30 R/o.H.No 16-7-70, 1s, Floor Azampura,

1. Mohammed Afrose Uddin. S/o years, Occ. Pvt. Employee, Hyderabad. T.S. 2. Pasha Begum (Died) 3. Mohammed Habeebuddin, S/o Sahabuddin Aged abr t. 60 years, Occ. Business, R/o. H No. 22-1-497, Famous house, Grounrl Floor, Kattelaguda, Osmanpura, Chaderghat, Hyderabad.

4. Yasmeen Kauser, D/o. Mohammed Habeebuddin, Aged irt out. 25 years, Occ. Household, R/o. H. No. 22-1-497, Famous house, Grounl Floor, Kattelaguda, Osmanpura, Chaderghat, Hyderabad The Petitioner Nos.1 and 4 presently residing At Unit 7, 35 Comelia Street, Wiley Park, Sydney, Australia. ,.Respondents/Petitioner in l.A. N rs.3 and 4 o12025 Petition under Section 528 of BNSS praying that in he circumstances stated in the Memorandum of Grounds of Criminal Petition, tl e High Court may be pleased to permit the parties to compound the offences U/ [ ec. 498-A, 406, of lPC, Sec. 3 & 4 of D P Act, in C.C No.3945 of 2022 on tre file of the Xlll Additional Chief Metropolitan IVlagistrate, Manoranjan Co nplex Nampally, Hyderabad in the interest of justice l.A. NO: 4 OF 2025 Petition under Section 359 (6) of BNSS praying that irr he circumstances stated in the Memorandum of Grounds of Crimrnal Petition, h: High Court may be pleased to record the terms of compromise between the )artiesi in C.C.No. 3945 of 2022 on the file of the Xlll Additional Chief lvletropolitan l\/agistrate, ..'> Manoranjan Complex, Nampally, Hyderabad in the interest of justice. 1: This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Tokalwar Jyoti Devi, Advocate for the Petitioners and the Sri..Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1, and of Sri Mohd. Arif, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DE\/I EADA l.A.Nos.3 and 4 of2O25 in/and CRIMINAL PETITION No.626 ot 2025 COMM ON ORDER This Criminal Petition is filed by the petitioners/ilr cused Nos l to4underSection52SofBNSS,2023seekingtrquashthe proceedings against them in C C No 3945 of 2022 ort he file of the Xlll Additional Chief Judicial Magistrate' Gandtri Bhavan at Nampally, registered for the alleged offence purir hable under Sections 498-4 and 406 of the lndian Penal Cod-'' 1860 and Sections 3 and 4 of Dowry Prohibition Act' 1961

2. lt is submitted by learned counsel appea'ing for the petitioners/accusedNos.lto4aswellasrespondent|o.2ldefacto complainantthatduringpendencyofthepresentCrirrinalPetition' the parties have compromised the matter and accordir gly' l A Nos 3 and 4 of 2025 have been filed to record compromise retween them ,i and to comPound the offences' 3 The learned Additional Public Prosecutor has opposed the said comPromise Petitions

4. Perused the affidavits filed by the de facto ccmplainant in l'A.Nos.3and4of2025whichdisclosethatshehaswillingly B/PSL .^4-r.--. J 2 Crlp 6)6 )025 x LTD..1 consented for compromise. since the parties were willing to enter into compromise, they were given a chance to settle the matter by appearing along with their respective counsel before the High Court Legal Services Committee for the State of Telangana v,de orders dated 25.09.2025 passed by this Court. The Secretary, High Court Legal Services Committee shall identify the parties and submit a report to that effect.

5. Pursuant to the above said direction issued by this Court, the parties along with their respective counsel have appeared before the High Court Legal Services Committee for the State of Telangana and the Secretary of the above said Authority identified the parties and submitted a report dated 07.10 2025 stating that the parties were identified and they have willfully and without any coercion entered into compromise as per the terms of compromise. ln view of the above, l.A.Nos 3 and 4 of 2025 aw allowed.

6. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.3945 of 2022 on the file of the Xlll Additional Chief Judicial Magistrate, Gandhi Bhavan at Nampally, registered against the petitioners/accused Nos.1 to 4 are hereby quashed subject to the petitioners/accused Nos.l to 4 are paying an amount of Rs 5'0001 7 3 rl 6l r, )tD., (Rupees Five Thousand Only) to the Secretary, Hig I Court Legal Services Committee, High Court for the State r'f Telangana' Hyderabad and Rs.5,0001 (Rupees Five Thousarc Only) to the ! TelanganaHighCourtAdvocatesAssociation'Hydtlrlbad,withina period of two (02) weeks from today and file proo of the same before the Registry. 7 Itliscellaneous applications, if any pending' shtrl stand closed' SD/- h.BHAVANI SWAMY ASSIS,TANT REGISTRAR //TRUE COPY// SECTION OFFICER To '1 . The Xlll Additional Chief Metropolitan Magistrate Gandhi lhavan at Hyderabad.

2. The Station House Officer, WPS, DD, Police Station, Hyd rrabad. 3. Two CCs to the Public Prosecutor, High Court for the Stat r of Telangana at Hyderabad [OUT]

4. One CC to Sri Tokalwar Jyoti Devi, Advocate IOPUC] 5. One CC to Sri Mohd. Arif, Advocate [OPUC] 6. Two CD Copies lp (along with joint memo is enclosed herewith) Note: Total Amount of Rs. '10,000/- ( Rupees Ten thousand orrl ) has been paid by Sri Tokalwar Jyoti Devi, Counsel for the Petitioner as directe(j ry the Hon'ble Court vide order dated 'l 3.1 0.2025 as Rs.5,0001 ( Rupees Five tho rsand only ) to the "High Court Legal Services Committee, Hyderabad, and Rs. , )00/- ,. Rupees Five thousand oniy ) to the Telangana High Court Advocates Assoc a.ion. Hyderabad and filed Memo as proof of compliance USR No.1 15772 of 2025. NVB/PSI, *1el/ --t ,'> 't. il, HIGH COURT DATED:1311012025 \ -{ .rrts- s 1 / 0[T 2C25 () ii.' t f // :' ) I + \\ COMMON ORDER !.A.Nos.3 and 4 of 2025 In/And CRLP.No.626 of 2025 ALLOWING THE CRIMINAL PETITION ltttlD l.A.Nos.3 AND 4 OF 2025 \c ,& IN THE HIGH COURT OF JUDICAfURE FOR THE STATE OF' TELANGANA P'rT HYDERABAD Crl.P. No. 626 of 2025 , ,, { BETWEEN:

1. Mohammed Afrose Uddin S / o: Mohammed Hatjeebriddin, Aged about: 30 years, Occ: Pr,t. Employce, R/o. H. No. 16-7-70, lst Floor, Azampura, Hyderabad.'T.S. '

2. Pasha Begum (Died)

3. Moharnmed Habeebuddin S/o. Sahabuddin Aged about: 60 years, Occ: Business, R/o. H. No. 22-7-497, Famous house, Ground Floor, Kattelaguda, Osmani:ura, Chaderghat, Hyderabad.

4. Yasmeen Kauser D/o. Mohammed Habcebuddin, Aged about: 25 years, Occ: Househoid, R/o. H. No.22- 1-497, Famous hous;e, Ground Floor, Kattelaguda, Osmanpura, Chaderghat, Hyderabad. The Petitioner No. 1 & 4 presently residing At: Unit 7, 35 Comelia Street, Wiley Park, Sydney, Australia AND 1) The State of Telangana Rep. by its Public Prosecutor High Court of Telangana, il Through P.S. WPS, CCS, DD, Hyderabad. (Crime No. 97 5 / 2O2ll Petitioners /Accused ... Respondent

2. Farheen Begurh W/o. Mohammed Afroseuddin, Aged about: 28 years, Occ: Housewife, R/o. H. No. 9-4-47 /321 | lA, Hakeernpct, Tolichowki, Hyderabad, Ce11 No. 9014021620 . . . Respondent/ De-facto Complainant JOINT MEMO FILED BY THE PETITIONERS 2 AND THE) 3E!;!oNDENT NO-n =.x

1. That, The Petitioners are the Accused in C'C' No' ' 945 <tf 2022 on the fi1e of the Hon,ble XIII Addl. chief Metrol olitan MagistryiE; Manoranjan Complex, Nampal-ly' Hyderabad' basrc:1 on 1-he Complaint of the defacto-complainant, the Respondent No' L Regd' the F I'R'' No' 975 of 2O2l arrd' after completing-.,,the inves tigation' fi1ed the Chargesheet against the Petitioners for the offepce U/Sec' 498-A' 406' of IPC and Sec. 3 & 4 DP Act'

2. That, Thereafter, due to the tirnely intervention of he elders and well r.l.ishers, both the parties amicably settled the met er in between them and the Pel-itioner/Accused No' 1 and the Respor Ldent No' 2 entered into a Memorandum of Settlement dt. 15-o9-2()l 15, wlrerein, as per agreed terms and conditions, the Respond€rL No 2 and the Petitioner/l\ccusedNo.lder:idedtolivesepa:.ttelylrndalsotook mutual consent divorce (Qula) and also as per thrl said Agreement' the Petitioner/ Accused No' 1 paici an amount of Rs l )'00'(l0O/- (Rupecs Ten Lakhs ,lnly) plus the Gold and Silver Ornamci Lts pr':sentcd by Lhe petitioners (r.r'hich are alreaci;r in my custody) u l ich are as follow's:- (Gold:18gramand700milligram)lGoldMangzrlSutra(GoldLacha)' 2 sets of Gold Earrings, 2 Gold Rings, (Silverr 103 gram and 370 milligramlPairofsilverank]etandpairoftocr,ngsirrsiLvertothe defacto_complainanttowardsfullandfinalsettlernentand agreed to return her custornar5r belonq ngs' which shc brought at the time of rnarriage'

3. That, the Delacto-complaina'nt agreed that, she will not make an-v' complaintoranypetitionagainsttheAccusedrllfamilymembersof Accused in fUture before any court or authority :Lr d both parties shal1 not interfere with their personal life of either pa:1 r' and they can lead 2-..: 1 " .: .., ]. ::ir:.: their personal life happily. In view of the compromise betu'een the parties, she has no interest to prosecute the Accuscd and accordingly, she has no objection to allow the criminal petition and quash the proccedings before the trial court against thc Accuscd hereln Therefore, since the matter has been settled between the parties, the further proceedings before the trial cor:rt is abuse of process of lau' and the same is liable to be quashed' Hence this memo. 'Date: 16-09-2025 Hyderabad. D. tl[1 1 .r- Petitioner No. 3 itioncr No. 4 Coun scl the Pctitioners (Notc:- the Pclitioner No. 2 died on 31-08- 2025, as such, she not made as a PartY) spon dcnt No. 2 Counsel for the ResPondent No. 2

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