The High Court · 2025

The State of.Telangana, Through SHO, P.S., Nampally Rep. by its public Prosecutor High Court, Hyderabad Adnan Khan.alias Aghan Khan alias Adnan Anwar Khan, S/o Naye alias Anwar Hussain khan Aged 22 years, Occ: Student, R/o H.No. AC Guards, Khairatabad, Hyderabad em Khan 10-1-854, ...RespondenUDefacto Gomplainant 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 Cr.No. 147 ot 2O24 of C.S. ttampafly against the petitioners herein for the offences under sections 307, 1og r/w sec. 34 IPC in the interest of justice. l.A. NOs: I OF 2025 AND 2 oF 2025 l.A. NO: 1OF 2025 Between: Adnan Khan alias Aghan Khan alias Adnan Anwar Khan. S/o Nave alias Anwar Hussain khan Aged 22 years, Occ: Student, R:/o H.Nb. AC Guards, Khairatabad, Hyderabad em Khan 10-1-854, ... Petitioner/RespondenUDefacto-complainant AND

1. Shaik Ayan, S/o Shaik Chand Aged 16 years' Occ: Student R/o H'No 11-3- "r'i5i,'iijilJp,riv''ilvaerabad Rep bv his father shaik

474. tvtuiahaid Grounj, Chand S/o Shaik Meeran 2. Shaik Azeem alias Mirza Akram Bqig @ {lggm Baio Sio Shaik Meeran alias Mirza Akram Baig @ b'h;ik'A;i;81,9"4!"0 2r yearsl occ: Driver R/o H.No. 5- 6-634/1/3, opp Lif;"M;aia-Siuninpura' Moshalpura' Hab6ebnagar' Hyderabad. ... Respondents/Petitioners/CCL 1 and A8

3. The State of Telangana, Through SHo, P S , Nampally Rep. by its Public - Prosecutor High Court, HYderabad ...RespondenUComPlainant Petition under Section 359(6) of BNSS praying that in the.circ1ltt919"' statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmay i.'pLr."J1" permit the parties to-c-o1q1o1ise in CrNo' 147 of 2024 ot P'S under Sections 307, 109 r/w sec 34 IPC' ,lrrlpJ,v, "ttlnces LA. NO: 2oF 2025 Petition under Section 359(2) of BNSS praying that in the.circlnstlnges stateointneMemorandumofGroundsofCriminalPetition,theHighcourtmay Cr'No 147 of 2024 of P S Nampallv ;;';;r;";1o iltitlon"r. r,"rein ilt the offences under Sections 307' 109 r/w sec ;;#;t6; ii iic, and quash the same in the interest of justice' record t'e tompromise -in This Petition coming on for hearing' upon perusing the Memorandum of Grounds of Criminal Fetition and upon hearing the arguments of Sri K Amarnath Yadav, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No l and Sri C.Shivarai Singh, Advocate for the Respondent No 2 The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No. 1178 0F 2025 COMMON ORDER This Criminat Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings against the petitioners in Crime No. 147 of 2024 o'f Nampally Police Station, Hyderabad.

2. The petitioners are arrayed as Child in Conflict with Law-1 and accused No.8 in the Crime registered for the offences punishable under Sections 307, 109 read with Section 34 of the lndian Penal Code, 1860.

3. Heard [Vlr.K.Amarnath Yadav, learned counsel for the petitioners, tvlr.Jithender Rao Veeramalla, learned Additional Public prosecutor, representing the respondent No.1-State and Mr.C.Shivaraj Singh, learned counsel for the respondent No.2/de-facfo complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, respondenl No.2l de-facto complainant filed l.A.Nos. 1 and 2 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners in Crime No.147 of 2024. a I {. 2 ,\-7R,.ir I..1.Norl and 2 of 2025 , / and C4.P.No. 1 178 of2025

5. This Court vide otder dated 06.03.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 1.O.03.2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and without coercion entered into settlemenVcompromise

6. lhave considered the submissions of the learned counsel and perused the materials on record

7. The accusations against the petitioners in the Police Report are that, on 15.04.2024, the petitioners along with other accused attacked the respondent No.2lde-facto complainant and beat him with sticks with an intention to kill him, due to which the respondent No.2lde-facto complainant sustained injuries on his head. Having considered the allegations, the nature of charged offences and taking into account the amicable settlement between the parties and to restore peace between the parties, in the light of the dictums in Gian Singh v. Stafe of Punjab and anotherl and Anit Mishra v. State of IJ.P.2; State of Madhya | 2012 (10) SCC 303 'z zo24 it'tsc t89 J NrR,./r I-.,1-Nol l and 2 0J2025 ir/ and Cr/.\'.No- 1 1 78 o;[2025 Pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 4g2 Cr.p.C.tS2B of BNSS, 2023, would be in the interest of justice.

8. Accordingly, l.A.Nos.1 and 2 of 2O2S are allowed. Consequenily, all the,proceedings in Crime No.147 of 2024 of Nampally police Staiion, Hyderabad, are hereby quashed against the petitioners/Child in Conflict with Law-1 and accused No.B. I ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand ctosed. //TRUE COPY// SD/- MOHD. ISMAIL PUTY REGISTRAR SECTION OFFICER To,

1. The Xll Additional Chief Metropolitan fVlagistrate, Hyderabad 2. The Station House Officer, Nampally Police Station, Hyderabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. One CC to Sri K Amarnath Yadav, Advocate [OPUC] 5. One CC to Sri C.Shivaraj Singh, Advocate [OPUC] 6. Two CD Copies M. ABK/gh Along with a copy of Joint Memo of Compromise 3 zors 1sy scc oea I t I 1 , ,. f I HIGH COURT DATED: 1310312025 :i: ! COMMON ORDER l.A. Nos. 1 AND 2 OF 2025 In/and cRLP.No.1178 0t 2025 1 tr- slll .J J I:"^ 25 lus 2$i6 /.f l,-p1\T A \ (. I I DISPOSING OF THE CRIMINAL PETITION AND ALLOWING l.A.Nos. 1 AND 2 OF 2025 1 v\ I I i i i i1 I I I I I I o IN THE HIGH COURT FOR THE STATE OF TELANGNA: AT HYDERABAD. - CRL' P' No' of2025 Between:

1. Shaik AYan Sio Shaik Chand n..J r ti Years, occ: student ni;H N"l r-i474, Mujahaid Ground' New MallePallY, HYderabad' ii"p ov Ir'""t tn"' Shuik Chand S/o Shaik Meeran 2 Shaik Azeem @ Mir4a Akram B' aig - i)" sf,rlf Meeian @t'ttvzu Akram Baig Aqed 21 Years, Occ: Driver iii"'i.rv"li-o 634t1t3, opp: Life Medical SrOf,inprt", Moghalpura' Habeebnagar' Hyderabad. ^ ... ... petitioners/CCl 1 and A8 And '1 The State of Telangana' ' Through Sl-{O, P'S , NamPallY Rep. b1 its Public Prosecutor High Court, HYderabad' 2 Adnan Khan @ Aghan Khan @ Aaghan Anwar ' iir,r" bl" r'rryi.tti t<t''un @ Anwar Hussain ilIi;tu;;;., occ: Studint' R/o H No 10-1-854' ;A G;it, Khairatabad' HYderabad .....ResPondenU ComPlainant ..RespondenU defacto-complainant JOINT MEMO May it Please Your honour' lt is submitted that basing on the complaint lodged by the respondent 1 No.2 a case was registered by p.s., Nampa,y in cr.No. 147 of 2oz4 against the petitioners and other accused for the offences under Sections 307' 109 r/w sec. 34 \ a 2 I submit that basing on my complaint a case in Cr.No. 147 of 2024 was registered by p.s. Nampa,y against the petitioners and other accused for the offences under Sections 307 , 1Og r/w sec. 34 IpC. 3 I submit that at the intervention of the. erders and we, wishers of both petitioners and respondent No.2, have compromised the matter out of court. 4 I submit that with the permission of the Hon,ble court I intend to withdraw the case_ It is humbry prayed that this Hon'bre court may be pleased to record the compromise in Cr.No. 147 of 2024 of p.S. Nampally against the petitioners herein for the offences under Sections 307, .l0g r/w sec. 34 lpc, and quash the same in the interest of justice and may pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Sworn and signed before me on this 20'n day of January,2OZ5 NENT ilB R MEII ADV;HYD