The High Court · 2025

Prosecutor High Court, High Court Buildings, Hyderabad.

2. Afshan Khan, Wo Mohammed Faisaluddin, Aged 27 years, Occ Household R/o H No 9413312121A, Fort View Residency Flat No 202, 2nd Floor Jhansi Nagar Colony, 7 Tombs Road Tolichowki Hyderabad T S ... RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Charge Sheet, in the CC NO 7734 OF 2020, before the Court of XV Additional Chief Metropolitan Magistrate at Hyderabad, for the alleged offences U/498-A of lPC, Section 4 and 6 of DP Act.' . rl;I:r.,aa!*rr!e*-z ../ l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS, 2023 5rraying that in the circumstances stated in the Memorandum of Grounds of oriminal petition,the High Court may be pleased to Stay all further proceedingr; in CC NO 7734 OF 2020, before the Court of Hon'ble XV Additional Chief Metr:politan Magistrate at Hyderabad, for the alleged offences U/498-A of lPC, Sectiorr 4 and 6 of Dp Act.. |A.NOS.4&sOF202s BETWEEN: Afshan Khan, Wo Mohammed Faisaluddin, Aged 2l ,7ears, Occ Household R/o H No 9413312121A, Fort View Residency Flat No 2O2, znd Floor Jhansi Nagar Colony, 7 Tombs Road Tolichowki Hyderabad T S ...PETITIONER/DEFACTO COMPLAINANT IN BOTH PETITIONS AND 1 The State of Telangana, through S.H.O P.S W.p.S,C:CS DD Rep. by its Public Prosecutor High Court, High Court Buildings, ,-lyderabad. RESPONDENT/RESPONDENT IN BOTH PETITIONS 2 Mohammed Faisaluddin, S/o Mohammed Fareeduddin, Age. 34 years, Occ. working in Saudi Arabia, R/o H.No 136437i 1 =lat No 301, Nawab Omer Colony Hyderabad,T.G. Presenfly Residing at Damam KSA. Rep. By GPA Holder Mohammed Fareeduddin S/o Mohan.rmed Basheeruddin, Age.64 Years, Occ. Retired Employee, R/o H.No 1313437t1, FIat No 301, Nawab Omer Colony, Hyderabad,T.G. (Rep by GPA Holder Mohammed Fareedud<lin S/o Mohammed Basheeruddin as per Court order dated 21l02l2O2S tr lA.No.3 ot 2O2S) 3 Smt. Yasmin Fatima, Wo Mohammed Fareeduddin. Age. 59 years, Occ. House wife, R/o H.No 13643711, Flat No 30'l , Nawat. (Jmer Colony, Hyderabad,T.G. ...RESPONDENTS/ACCUSED NOS.1 & 2 IN BOTH PETITIONS l.A. NO: 4 OF 2025 Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of ciiminal petition,the High court may be pleased to compromise/withdraw her conrplaint and all such allegations made against the Respondents No. 2 to 3/ A-1 1o A-2 in proceedings cc No 7734 oF 202o, before the court of XV Additionar chief i/etropolitan Magistrate at Hyderabad, for the alleged offences u/499-A r>f lpc, section 4 and 6 of DP Act; l.A. NO: 5 OF 2025 Petition under Section 528 of BNSS, 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 in the CC NO 7734 OF 2020, before the Court of XV Additional Chief Metropolitan Magistrate at Hyderabad; against the Respondents 2 and 3/A-1 to A-2 for the alleged offences U/s. 498-4 of IPC, Section 4 and 6 of DP Act and quash the same by allowing the present petition; This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K SATISH CHAKRAVARTHY, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No. 1 and Sri V. Yadu Krishna Sainath, Advocate appear for the Respondent No.2; The Court made the following: ORDER 'lis$. THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.4 AND 5 0F 2025 ln/And CRIMINAL PETITI ON No.2585 OF 2025 COMMON ORDER ThisCriminalPetitionisfiledunderSectionti2BofBharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS 2023'), seeking quashment of the proceedings against the petitioners in C C No 7734 o'f 2020, on the file of the learned XV Additional chief fi/letropolitan lvlagistrate, Hyderabad.

2. The petitioners are arrayed as accused Nos 1 and 2 in the calendar case registered for the offences punishablr-' under Sections 498-A, 4OO of the lndian Penal Code, 1860 and Section:s 4 and 6 of the Dowry Prohibition Act, 196 1.

3. Heard t\Ir.K.Satish Chakravarthy, learned cc'unsel for the petitioners, tt/lr.Jithender Rao Veeramalla, Iearned Additional Public Prosecutor, representing the respondent No.1-State and lVlr'V.Yadu Krishna Sainath, learned counsel for the respondr:nt No.2lde-facto com plainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.4 and 5 of 2025 r,trith the prayer to/ / permit them to enter into compromise and by recordingt the settlement to 2

1.,4.N0.r.1 and 5 of 2025 iz/atd Cr/.P.N0.2585 of 2025 quash the proceedings against the petitioners/accused Nos.1 and 2 in C.C.No. 7734 of ZO2O 5' This court vide order dated 06.03.2025 referred the parties to the High court Legar services committee for identification and to verify the voluntariness in arriving the setrement. The secretary, High court Legar Services Committee, has submitted report dated ,t1.03.2025 stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/rdentity cards and the enquiries reveared that the parties have wirfury and without coercron entered into settle men Uco m p ro m ise. 6 I have considered the submissions of the learned counsel and perused the materials on record 7 ' Having considered the aregations, the charged offences, which are essentia'y matrimoniar and inter-personar in nature and taking into account the amicabre setrement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. Stafe of Punjab and anothe/ and Anit Mishra y. State of u.p.2; State of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the 'considered view that quashment of the impugned proceedings in view of \ 'botz (to) scc 303 'z 2oz+ INSC 189 I zots 1sy scc o8a ) NnrJ

1...1.",,' 1 ad 5 af2025 in/a ',rl. l'j.No. 2 5 85 of 202i the settlement by exercising jurisdiction under Section 4Bz- Cr.P.C-1528 of BNSS, 2023, would be in the interest of justice B. Accordingly, l.A.Nos.4 and 5 of 2025 are allowe(i Consequently, all proceedings in C.C.No. 7734 of 2020, on the file of the learned XV Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed against the petitioners/accused Nos.1 and 2 I ln the above terms, the Criminal Petition is dispos,:d of Pending miscellaneous applications, if any, shall stand closed. I I '?;lli'l'ilfilL?JYtXl coPY// '/rRuE secrrowrrrcen To '1 .

2. 3. 4 E o 7 rhe Xilr Addr chier rvrerrolo,r,:?l #l3,ill3,t5, Iil?:lX.*'0",.,0'o H:tY,ffi l:.l5'*''"*[.3'Ji;ii$Sfl,'^'.;*i;'?i6i.r q;: ii '1q":s,[ Hi'#Hm;n'uruln:rt i 11 *I'iit' " Two CD CoPies (Alongwith a copy of Joint Memo of Compromis'e) VSM'ABK v HIGH COURT DATED: 1810312025 ORDER CRLP.No.2585 ot 2025 _\- .:\ 'oi\ 23 5P zffi {) '- 1,! ,,. . i // ,a/, I !. |'; \ 1^ \r.\ ALLOWING THE IA.NOS.4 & 5 OF 2025 ,,\ND DISPOSING OF THE CRIMINAL PETITION /a /"+ "z // .; IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD t.A NO. CRL.P. No. IN OF 2025 OF 2025 Between:

1. lrilohammed Faisaluddin S/o Mohammed Fareeduddin, Age: 34 Years, Occ: working in Saudi Arabia, R/o H.No 13643711 , Flat No 301, Nawab Omer Colony, HYderabad,T.G. Presently Residing at Damam KSA. Rep. By GPA Holder [\Iohammed Fareed udd r n S/o Mohammed Basheeruddin, Age: 64 Years, Occ: Retired EmPloYee R/o H.No 13643711 . Flat No 3C1 Nawab Omer Colony, HYderabad,T.G.

2. Smt. Yasmin Fatima Wo lvlohammed Fareeduddin, Age. 59 Years, Occ: House wife, Rlo H.No '13643711, Fiat t'lo 301' Nawab Omer ColonY, Hyderabaci,T.G 1 2 AND The State of Telangana through S.H.O P.S W.P S,CCS,DD Rep- by its public Prosecutor High Court, High Court Buildings, HYderabad Afshan Khan Wo Mohammed Faisaluddin, Aged 27 years, Occ Household R/o H No 9413312121A, Fort View Residency Flat No 202, 2nd Floor Jhansi Nagar ColonY, 7 Tombs Road Tolichowki Hyderabad T S . .. Petitioners/ Accused No '1 and 2 Official Respondent .Respondent No. 2 / Defacto complarnant JOINT COMPROMISE MEMO }V It is submitted that the Petitioner/ defacto complainant herern has filed a complaint against the Respondents No. 2 to 3/Petitioners A-1 to A-2 hr:rein with WPS,CCS,DD vide Crime No 20112019, Under Section 498-4 of IPC and Scction 3 and 4 of DP Act., subsequently charge sheel has been filed vide the CC NO ;734 OF 2020, before the . Court of Hon'ble ffi Additional Chief liiletropolitan Magistrat() at Hyderabad , against the \,. Petitioners/A-1 to A-2 for the alleged offences U/s,498-A lPt. rnd Section 3 and 4 of Dp Act. The Respondents No. 2 to 3/Petitioners A-1 to A-2 herein filed Quash Petition on the file of this Honorable Court, during the course of time due .o intervention of elders and well-wishers, the Petitioner/defacto complainant and Respondr:nts No. 2 to 3/ Petitioners A-1 to A-2 arrived at a compromise and the Petitioner/ defaclo conrplairrant intended to withdraw/compromise all her allegations, pleadings, acquisi ions elc made against the Respondents No. 2 to 3iPetitioners A-1 to A-2 herein and rrayed this Hon'ble Court to quash the same in the interest of justice. Hence the both parties give up their personal misunde rita nd ings end came before this,Hon'ble courl to compromise in cc No 7734 oF 2o2o before the court of Hon'ble \V Ht Additional chief Metropolitan Magistrate at Hyderabart for the alieged offences U/s,498-A IPC and Section 3 and 4 of DP Act. u,.- Place Date Hyderabad 13.02.2025 S;*q Counsel for Petitioner Petitiof {/Accused No 1 I I z' ;: ,,2-v-, ^ " ^n -l Lt J Pctitior,rr /Accusod No 2 tLw. \.,, e n""pono8ffi '?i/Dctaeto corrplarrant 94r? h ,il I A^ Counsel for Respon lr 1t/D€rfacto complainant