✦ High Court of India · 10 Feb 2025

The High Court · 2025

Case Details High Court of India · 10 Feb 2025
Court
High Court of India
Decided
10 Feb 2025
Length
1,497 words

Acts & Sections

1 The State of Telangana, Rep. by its Public Prosecutor' High Court for the staie of Telangana, Hyderabad ' " ' Res Pon denUCom Pla ina n t

2. Sri. Sved Fazil Hussain' S/o Syed Roshan Munawar' Aqed 32 years' Occ' Pvt Emolovee, R/" Fi'i'l;i6;lo'do"inohoot' Door NoI2' Fateh Khan Bazar' Chanch;lguda, HYderabad ...RespondenUDe-facto Complainant perition under Section 528 of BNSS Act, 2023 praying lll91. it' lll" circumstances stated in tne- wemoranOum of Grounds of Criminal Petition' the High Court may be pt",."-d i" q'"tn tn" proceeding in CC No 1282o- o! !O-l+ whichispendingontnefitgol'VlllAdditlonalChiefMetropolitanMagistrate, ;;;;;r;J;g"init the Petitioners, in the interest of justice t.A. NO:1OF 2O25 Petition under Section 528 of BNSS Act' 2023 paying lnll in lfe circumstances stated in tn"- lVt"'ot'nOum of Grounds of Crimlnal Petition' the High Court may be pleased-to stay all further pro.ceedinqs against the Petitioners ot zoza whicn is p-ending on the file of including their presence 'n'il'rtlolriazo Vrrr nJoitionrr ihief Metropotitan Magistrate' Hyderabad '/ l.A. NO:2OF 2025 BETWEEN: Sri. Syed Fazil Hussain, S/o. Syecl Roshan Munawar, Aged 32 years' Occ. Pvt Employee, R/o H.No 16 4-600,2nd Floor, Door No 2, Fateh Khan Bazar, Chanchalguda. Hyderabad. . ..Petitioner/Respondent No.2 in lA.Nos .2 & 3 ot 2025 AND

1. The State of Telangana, Rep. by its Public Prosecutor' High Court for the state of Telanga na, HYderabad. .RespondenUComplainant in lA.Nos.2 & 3 of 2025 2. Faraz Mehdi Khan, S/o Hussain Khan, Aged.26 years, Occ. Business, R/o H.No 16-4-203, Chanchalguda, Hyderabad.

3. Hussain Khan, S/o. Sardar Khan, Aged.64 years, Occ. Business' R/o H No 16-4 2.03, Chanchalguda, Hyderabad ..Respondents/Petitioners in lA.Nos.2 & 3 of 2025 Petition under Sectton 359(6) of BNSS Act, 2023 prayng that in the circumstances stated in the Memorandunt of Grounds of criminal Petition, the High Court may be pleased to permit the Petitioner/ Respondent No.2 to be compromise the permit case the in that Petitioner/ Respondent CC No 12820 12024 which is pending on the file of Vlll Additional chief Metropolitan I\Iagistrate, Hyderabad against the Respondents/Petitioners. l.A. NO: 3 OF 2025 Petition under Sectton 359(2) R/w 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise of Petitioner/Respondent No.2 in CC.No.12820 of 2024 which is pending on the file of Vlll Additional Chief Metropolitan Magistrate, Hyderabad against the Respondents/Petitioners. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Khaled Bin Sayeed, Advocate for the Petitioners and Ms. S Madhavi, Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri Saleh Bin Ali Lahmadi, Advocate for the Respondent No 2. The Court made the following: COMMON ORDER THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI I.A.Nos.2 and 3 of 2O25 in/and CRIMINAL PETITION No.828 of 2O25 ORDER: This Criminal Petition is liled under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short tsNSSl by the petitioners/ accused Nos.1 and 2 to quash the proceedings against them in C.C.No. I282O of 2024 on the f,rle of VIII Additional Chief Metropolitan Magistrate, Hyderabad. The offences alleged agajnst petitioners are under Sections 115(2), 329(41,351(2) and 352 r/w 3(5) of Bharatiya Nyaya Sanhita (for short 'BNS).

2. Heard Mr. Kha-led Bin Sayeed, learned counsel for petitioners and Ms. S. Madhavi, learned Assistant public Prosecutor for the respondent - State. Perused the material on record.

3. It is submitted by learned counsel for petitioners and respondent No.2, that during pendency of the present Criminal Petition, both parties have compromised the I 2 JAK, J CRLP 828 2025 matter and I.A.Nos.2 and 3 of 2025 have been filed to record and permit them to compromise the matter to compound the offences. I.A.Nos.2 and i] of 2025 are ordered

4. A Joint Memo is alnexed along with I.A.No.3 of 2025, a report is filed by the High Court Legal Services Committee that accused Nos.1 and 2 and respondent No.2 were duly identified, their counsels present and. both parties ha'r,e willfully and without any coercion entered into the compromise.

5. At Page Nos.20 to 22 are the terms and conditions of compromise that parties have entered into. In view of the terms and conditions mentioned in the compromise memo and identification of the parties by the High Court Legal Services Committee, this Court is of the opinion that no further orders need to be passed in this matter.

6. Needless to state that in vievg of the compromise, this criminal petition is liable to be allowed and is allowed, the proceedings against the petitioners/accused Nos. 1 and 2 in 3 JAK, J CRLP 828 2025 C.C.No.l282O of 2024 on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad, are liable to be quashed and are hereby quashed. Miscellaneous applications pending, if any, shall stand closed. To, Sd/- P. PADMANABHA REDDY ASSIST NT REGISTRAR //TRUE COPY// S CTION OFFICER

1. The Vlll Additional Chief tVletropolitan lilagistrate at Nampally, Hyderabad 2. The Station House Officer,Dabeerpura Police Station, Hyderabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. The High court Legal Services Committee, High Court for the State of Telangana at Hyderabad

5. One CC to Sri Khaled Bin Sayeed, Advocate [OPUC] 6. One CC to Sri Saleh Bin Ah Lahmadi, Advocate [OPUC] 7. Two CD Copies ADK Along with a copy of Joint Memo of Compromise HIGH COURT DATED:1010212025 COMMON ORDER l.A.Nos.2 and 3 ot 2025 ln/and CRLP.No.828 ot 2025 1ni- S14 ,€: () q r- ri-!: ALLOWING THE CRLP AND lA.NOs.2 & 3 OF zOZs \O 2,) ,lllffi:i-T5 'l t2 IN THT HIGTI COIIRTI()R TIIE STATE OF TEIIINGAI{A AT I TDERBAD I.A.No. oF 2025 CRL.P.No' IN IN oF 2025 CC.No. L282O OF2O24 (On ifre file of the Hon'ble VIII Addl' Chief Metropolitan Magistrate' HYderabad) r .".+ \;.ri.ri'..!: :.:i S.i. sY;-a'ra"u Hussain, Slo. Sied Rosharr Munawar, eii"a slrvAis, occ: Pvt- EmPloYee, R7o: H.No.16-4-600, 2"d Floor, Door No.2, Fateh Ktran Baz,ar, Chanchalguda, HYderabad. AND ...Petitioner/ ResPondent No'2 l. The StiG of Telangana, Rqp. bY its Public Prosecutor, Hilh Co.l{! for the state of Telangana, Hvdeiabad.'

2. Faraz 'Mehdi Khan, ' ' S/o: Hussain Khan, Aled: 2b Years, Occ: Business, nf o.U'No' f e-+-2o3, Chanchalguda, Hyderabad.

3. Hussain Khan, S/o: Sardar Khan' Aged: 64 Years, Occ: Business, nJo.ff .No. f O-+-203, Chanchalguda, Hyderabad. ... Respondent/ ComPlainant ...Respondents/ Petitioners JOINT MEMO May it please your Honour, l3 It is submitted that due Petitioner/Respondent No.2 lodged to some misunderstanding, the a complaint before the police Dabeerpura, Hyderabad, basing on. which a case in Cr.No.154/2024 was registered for the offences U7s. f f U e;,329 (4), 351 (2),352rlw3 (5) of BNS against tJ.e Respondents/petitioners. It is submitted that during the pendenry of the above case, on the intervention of elders and well wishers, both the parties sat together, on which the Petitioner/Respondent No.2 expressed that due. -to some misunderstanding he has lodged the complaint before tl:e police Dabeerpura, Hyderabad against the Accused persons and with tJle help of elders and well wishers their differences were sort out ahd now the matter has been settled between them, accordingly both the parties have entered into a Memorandum of Understanding deed on O4_OL_2O25. It is further submitted that as. per tJre Memorandum of Understanding, dated: O4-OL-2O25, the petitioner/Respondent No.2 herein agreed to withdraw the case i.e. CC.No.l2g 20 /2024 which is pending on the file of Hon'ble VIII Addl. chief Metroporitan Magistrate, Hyderabad which is pending against tJre Respondents/ petitioners herein. As the Petitioner/Respondent No.2 agreed to withdraw the above case filed against tie Respondents/petitioners, no fruit tutI purpose will be served in continuing the case in future. -' r'rru!+.rr5--ijj-.r l4 It is further subnitted that the Petitioner/Respondent No.2 do not want to proceed viith the case and also do not have arry objection to quash the proceedings in the above said case. Therefore it is prayed that this Hon'ble Court may be pleased to permit the Petitioner/Respondent No.2 and Respondents/Petitioners to compromise the case in CC.No.1282 O /2024 which is pending on the file of Hon'ble VIII Addl. Chief Metropolita-n Magistrate, Hyderabad against the Respondents/Petitioners and to pass such other order or orders as this Honlcle Court may be deems fit and proper in the circumstances of the case. o Signatures of Petitioner/R.2 Counsel for the Petitioner/R.No.2 \'l 1) 2l Signatures of Respondents/ Petitioners/A. No. 1 & 2. Counsel spondents/ PetitionerS/A.No. I & 2. HYDERAI}AD 2l-or-zozs.

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