✦ High Court of India · 03 Mar 2025

The High Court · 2025

Case Details High Court of India · 03 Mar 2025
Court
High Court of India
Decided
03 Mar 2025
Bench
Not available
Length
1,597 words

1. The State of Telangana, Rep by its Public Prosecutor, High Court of Telangana State, Hyderabad ...RESPONDENT NO. 1

2. Smt. Mubeena Begum, Wo Amjab Khan, Age- 29 yrs ,Occ- Household, Rl/o 6-3-1241 n7, M. S. Maqtha, Opp-Raj bhavan, Hyderabad. ...RESPONOENT No. 2/DE-FACTO COMPLAINANT Petition under Section 528 of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the entire proceedings in C.C.No.11965 of 2024 on the file of the XV Addl Chief Metropolitan Magistrate at Nampally, Hyderabad ths offences U/Sec,498-A, 506, 406 OF lpC, Sec 3 and 4 of D.P l.A. NO:1 oF 2025 Petition under Section 528 of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of CriminalPetition, the High Court may be pleased to grant stay of all further Proceedings in.GC.No.1'1965 ol 2024 on the file of the XV Addl Chief Metropolitan Magistrate at Nampally, Hyderabad the offences U/Sec.49B-A, 506, 406 OF lPC, 8ec 3 and 4 of D.P pending disposal of the main petition. l.A. NO: 2OF 2025 Petition under Section 320 (6) rlw 528 of BNSS praying that in the circumstances stated in the Petition, the High Court may be pleased to permit the petitioner and respondent No.2 who is the defacto complainant to compound the offence and to allow the above Crl.P.against charge sheet vide C.C.No.1',l965 of 2024 on the file of the XV Addl Chief Metropolitan Magistrate at Nampaily, Hyderabad the offences U/Sec. 498-4, 506, 406 OF IPC ,Sec 3 and 4 of D.p. l.A. NO: 3 OF 2025 Between: Smt. Mubeena Begum Wo Amjab Khan, Age- 29 yrs, Occ- Household, R/o 6- 3-1241177, M.S.Maqtha, Opp: Raj bhavan ,Hyderabad. .RESPONDENT No.2 AND

1. The State of Telangana, Rep by its Telangana State, Hyderabad Public Prosecutor, High Court of ...RESPONDENT No. 1

2. Sri. Amjad Khan, S/o late Turab Khan, Age-48yrs, Occ-Pvt.job, Caste- Sunni Muslim, R/o H.No-9-4-62/1, flat No-201, Nizam Colbny, Tolichowki, Hyderabad

3. Smt. lshrath Begum, Wo Late Turab Khan, Age- 65 yrs, Occ- Housewife, Qaste- Sunni Mustim, R/o H.No- 94-62n,flet No-201, Nizam Colony, Tolichowki, Hyderabad.

4. lmran Khan @ Shabaz Khan, Age-40yrs, Occ- Pvt.Job, Caste- Sunni Muslim, R/o H. No-9-4-6211 , flat No-201,Nizam Colony, Tolichowki, Hyderabad ,,' Sunni Mustim, R/o H.no- 16-3-228, Cnancfiilguab, Hyo6irora---""

5. Shaban-a qeSfm, Wo lmtiaz Ahmed, Age49 yrs., occ_ Housewife, Caste_ 6. Saniya. e.qgrT @ Shahana Begum, D/o late Turab Khan, Age_ 43yrs. occ_ Househofd, CasIe_ Sunni must"im, nyo Ftltto-S+_62ii, iiai-N;ZOi, Nilim Colony, Tolichowki, Hyderabad ...PET|T|ONERS/ACCUSED No. 1 to 4 Petition under section 3zo (2) rtw s2B BNSS Act praying that in the circumstances stated in the affidavit along with petitipn, the High Court may be pleased to record the compromise and quasft the proceedings in c.c. No. 1 1g65 of 2024 on the fire of the XV Addr chief Metroporitan Magistrate at Nampaily, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri Kadeka Sai Priya, Advocate for the petitioner and the pubric prosecutor on beharf of the Respondent No. and of sri Raporu Abhinav, Advocate for the Respondent No. 2. The Court made the following: COMMON ORDER l) I i l l I ' iF HON,BLE SMT. JUSTICE JUWADI SRIDEVI A.Nos .2a nd3of 2025 in/and c RIM INA LP ETITI ON No.21940t 2025 \ COMMON OR DER: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos.1 to 5 to quash the proceedings against them in C.C.No '1 1965 of 2024 on the file of XV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, registered for the offences punishable under Sections 4984, 506, 406 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

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

3. Vide order daled 14.O2.2025, 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 ldentification and to submit a report. I , 2 .l

4. Pursuant to the abovq said direction issued by this Court, the parties have appeared and the Secretar!, High Court Legal Services Committee, has identified the parties and submitted a report, dated 20.02.2025 and lhe same is placed on record.

5. ln view of the above, l.A.Nos.2 and 3 of 2025 are allowed. Consequenfly, this Criminal petition is allowed and the proceedings against the petitioners/accused Nos. 1 to 5 in C.C.No.11965 of 2024 on the file of XV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed I 'o'3,i5ffil{uA:t,EFRix / /TTRUE COPY// SECTION OFFICER :tx#0fi83i1"." State of Telangana at To 1 2 strate at olice Station P f MetroPolitan M r, Women Office The XV Additional Chie The Station House 3. Two CCs to the Public Prosecutor' High Court for the Hyderabad Hvderabad. IouTl ri Kadeka CCtoS One ri RaPolu Abhinav, A CCtoS One iwo CD CoPies (Along with a copy of Joint Memo of Compromise) Sai PriYa, Advocate IOPUC] dvocate [OPUCI 4 5 A V}VPR HIGH COURT DATED: 03103t2025 COMMON ORDER l.A. NO: 2 AND 3 OF 2025 IN/AND GRLP.No.2194 ot 2025 .l -{ ii 'n I4 ( 1 t' \ as D * > 2 a .+ ALLOWING THE CRIMINAL PETITION {* Tild t[- MEMORANDUM OF INTERLOCUTqRY APPLICATION FILED UNDER SECTION 359 lw 528 BNss IN THE HIGH COURT OF JUDICATURE FORTHE STATE OF TELANGANA AT HYDERABAD Crt.p Ng. Ot 2025 Behveen:

1. Sri- Amjad Khan S/o late Turab Khan, : Age:48yrs, Occ:Pvt.job, Caste: Sunni Muslim, R/o H,No:9-4-62l1,flat No:201, Nizam Colony, Tolichowki, HYderabad.

2. Smt, Ishrath Begum Wo Late Turab Khan, Age: 65 yrs, OCa: Housewife, Caste: Sunni Muslim, R/o H.No: 9-4-62ll,flat No:201, Nizam Colony, Tolichowki, HYderabad.

3. Imran Khan @ Shabaz Khan, Age:4Oyrs, Occ: Pvt.lob, Caste: Sunni Muslim, R/o H. No:9-4-6211, flat No:20l,Nizam Colony, Tolichowki, HYderabad

4. Shabana Begum, Wo Imtiaz Ahmed, Age:49 yrs, Occ: Housewife, Caste: Sunni Muslim, R/o H.no: 16-3'228, Chanchalguad, Hyderabad

5. 1 2 Saniya Begum @ Shahana Begum o7o rite Tirab Khan, Age: 43vrs, oc9'-ftou;e.h9ld,^^. iaste: Sunni muslim, R/o H. No:9-4-62ll,flat No:201' Nizam CotonY, Tolichowki, Hyderabad ""'Petitioner3/Accused No'lto 5 The State of Telangana, Rep by its Public Prosecutor't Hldn Court ofTelangana State, Hyderabad' And ....Respondent No.1 Smt. Mubeena Begum, Wo Amjab Khan, Age: 29 Yrs,Occ: Household, N o 6-3-124L I 77, M.S. Maqtha, bppi ri.i-unrr.n,ttyderanad ."'Respondent No'2/De-facto Complainant OI ME OF RO I E w 1. It is submitted that the 2nd Respondent has lodged a complaint against the Petitioners herein before the Policej'Wps SoJth west Zone basing on the above complaint, the Police wPS south west zone has registered a case in crime No. 75/2024 and Charge sheet has filed under c.c.No. 11965/2024 under section 4gB-A, 506, 406 OF IPC, Sec 3 &4 of DP Act against the Petitioners herein. ,]

2. It is submitted that the investigation officer in the above case, without proper investigation filed a final report for the offences mentioned above. The Hon'ble XV Addl chief Metropolitan Magistrate at Nampally, Hyderabad, without looking into the facts of the case, taken the cognizance of the offence punishable 498-4,506,406 OF IPC,sec 3&4 of D.P against the Petitioners herein and registered the charge sheet as C.C.1196512024.

3. It is submitted that during the pendency of the above case, the pltitioners and the Defacto complainant/2nd Responcient have compromised the matter at the intervention of the elders and well-wishers. As per their advice, the petitioners and the 2nd Respondent have decided to compromise the issue between them and the complaint/2ndRespondent agreed to compromise and have no objection to Compound the offence under 498-A,506,406 OF IpC ,Sec 3&4 of D.p the file of the Therefore it is prayed that this the Hon'ble Court may be pleased to record the compromise and quash the proceedings on the file of the c.c.No.11965 of 2024 on the file of the Hon'ble XV Addl Chief Metropolitan Magistrate at Nampally, Hyderabad the offences U/Sec. 498-A,506,406 OF IpC ,Sec 3&4 of D.pand pass such other order or orders as the Hon'ble Court may deem fit and necessary in the circumstances of the case. petf,ionerlo.l petitioiLirrrl.z ..-rn* Hyderabad Date:j3 .02.2025 l\Nln"u g*,J* ?d[l-i".-^"t' P" a Counsel roI.,#ur,,,on.r, Petition!ffi Lota t Stae'RagLp- Petitioner Nb.4 Respondent No.2 Counset for the Respdftnrruo.z.

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