✦ High Court of India · 04 Mar 2025

The High Court · 2025

Case Details High Court of India · 04 Mar 2025
Court
High Court of India
Decided
04 Mar 2025
Bench
Not available
Length
1,458 words

Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to stay of a[ further proceedings in FrR.No.32 of 2025, dated 12102/2025 of P S-Humayun Nagar, Hyderabad against the petitioner/Accused pending disposal of the main criminal petition. I l.A. NO: 3 OF 2025 Between: Mohammed lil' a,ler Khan @ Mohd Khader Khan, S1o. [Vlohanlmed Ghouse Khan, Aged iri:,t.rt 33 years, Occ. Business, R/o- H No.10 4- 7711516, Near Hasan tVlasjid l,l G Nagar, Hyderabad. ...PETITIONER/DEFACTO C()MPLAINANT AND 1 Syed BaleeqL cl,:lin Nizaar, S/o. Syed tVlaslehuddin, Aged abcut 30 years, Occ-. Birsiness. Ric l1 No.8-1-39/SA/ i39, Flat No.103, Mawin E:lire '\partment, SA Colony, Eles cl - Al-Saba Restaurant, Seven Tombr; Flo:rd, Golconda, Hyderabar:l 'I:l rgana State. ...RESPONDE NT/ACCUSED 2 The State of T,,,langana, Through PS Humayun Nagar, Hyrlerrrbad, Rep its Public F'ros;er;utoi. High Cour[ for the State of Telangana z t l- yderabad. ...RESPONDEN"I/FIESPONDENT Petition unde rr [)ection 359 of BNSS praying that irr th: r:ircumstances stated in the Memcrarndum of Grounds of Criminal Petition, the Hi3h Court may be pleased to pernr' '.he petitioner to compound the offenoes in FlR.No.32 of 2025, dated 121(.)2ii'.1)'.).1 of P.S.Humayun Nagar, Hyderabad. l.A. NO: 4 OF 2025 Petition unde t iection 359 (2) praying that in the circums ta tces stated in the Memorandum r:- Grounds of Criminal Petition, the lligh C ourt may be pleased to record il-,' compromise in FlR.No.32 of 2025, datetl 1210212025 for the offences Ll/s ,1t,6 420 IPC 175 (3) BNSS of P S Hunrayun Nagar, Hyderabad. This Petitiorr r-- tning on for hearing, upon perusing ther Me:morandum of Grounds of Crirnin al Iretition and upon hearing the argunlents rrf Sri Zaheer Mohd Khan, Advocatr: for the Petitioner, Additional Public F'rosec.ltor on behalf of the Respondent l', o. 1 and of Sri Mohammed Zakiuddin, Advocate for the Respondent No. 2. The Court made ther l'rllowing: COMMON ORDER l I HON'BLE SMT. JUSTICE JUWADI SRIDEVI l.A.Nos.3 and 4 of 2 025 in/and CRIMINAL PETITION No.2529 of 2025 COMMON ORDE R: This Criminal Petition is filed under Section 528 of BNSS by the petitioner/accused to quash the proceedings against him in F.l.R No.32 of 2025 of Humayun Nagar police Station, Hyderabad, registered for the offences punishable under Sections 406, 420 of IPC and Section 175(3) of BNSS.

2. lt is submitted by learned counsel appearing for the petitioner 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.3 and 4 of 2O2S have been filed to record the compromise between them and to compound the offences.

3. Vide order dated 20.02.2025, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legai Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report.

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal ! L 2 Services C:nrrittee, has identified the parties and submitted a report, dated 28.02.2025 and the same is placed crr rer;ord ln vie r,r' r:f the above, l.A.Nos.3 and 4 of 2025 are allowed

5. ConseqLrentl',, this Criminal Petition is allovred itnd the proceed ng;; ilgainst the petitioner/accused in F.l.R No 321 of 2025 of Humayrrr Nagar Police Station, Hyderabac, hereby quashec M sct:lirneous applications, if any pendinr;. shi,rll stand closed //TRUE COPY// AS4r sd/-A.V.S. PRASAD ,/ slsTI.NT REGISTRAR ./ ' st:cION OFF|CER To, 1 2. 3 4 5 6 The Vl Arjdrt orrat chief Metropolitan tytasistrate, atvderabird The Stat,or r'. r,se ottrcer, i"#;'fti'LUlFotii" st'tinn -1v ierabad Two CC= to ir'(: Publrc "t;#;;iJ;'l-i'slitourt 6'"1"it ?S One CC to Sir' l'Iohameo zi Two CD Coll'"'s (iHr[i[i; 'irpv i i I i I!" * v"l I -m ; TI?33liJ?3i31 r of Joint memo of Compromise) for the sta e'rf Telangana at VII/PSL .*- _,.!3,-ar: _ ...-. r HIGH COURT DATED: 041(t312025 ( J c o --a:gL ir, ,r6 1 2 I tlirY 2025 o t Dt t,,1 ( * r:o COMMON ORDER l.A. NO: 3 AND 4 OF 2025 IN/AND CRLP.No.2529 of 2025 ALLOWING THE CRIMINAL PETITION 4 /5 4 4 '{. HrcH couRr FOB-THE S-rAil?DOF TELANGANA Crl. p. No. 7u1 ^. J,(.Jq, * ) ' of 2o2S Between: Syed Baleequddin Nizaar, S/o. Syed Masiehuddin, Aged about 3O years, Occ: Rusinlss R/o. H.No.8-I-39 / SA/ 139, Flat No. i03, Mawin Elite Apaitment, SA Colony, Beside Al_Saba Restaurant, Seven Tombs Roa{, Golconda, Hyherabad, Telangana State. 1 2 ... Petitiog:r/Accused And The State of Telalga-na, Through PS Humayun Nagar,. Hyderabad, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad. Moh.ammed Khader Khan @ i\{ohd Khader Khan, S/o.Mohammed Ghouse Khan, Aged about 33 years, Occ: Business, R/o. H.No. 10 -4-ZZ l / 576, Near Hasan Masjid, M.G.Nagai-, Hyderabad. .,. Respondents/ De facto Complainant JOINT COMPR OMISE MEMO FILED BY THE PETITI ONER/A CCUSED AND RESPONDENT No. 2/DE FACTO COMPLAINANT May it please your Lordship 1. That due to the advice'of elclers and well wishers, both the parties have came forward to compromise the matter outside of Court, as the case frled against the above said persons due to misund.erstanding That bottr ttre parties having no objection if the criminal case is closed against the Accused in FIR.No.32 of 2025, .datsd L2.O2.2O25 of P.S.Humayun Nagar, Hyderabad. 2., I submit tl.at I have made a complaint d,ated. 12.O2.2O2 5 before Po1ice Station Humay,un Nagar, Hyderabad and the poliee has been registered rr FIFi.\o.32 of 2025, dated 12.02 -2O2 5 lor th: ' offences U/s. 4O6, 42O )t'C 175 (3) BNSS.of P.S.Humay'un Nagar, t{1 de rabad' I sut,mi - itiat due to the advice of elders and rvell wi';hers, i 3 have came {c'r.'.'irrd to compromise the matter as the' ca';e filed on hrtr-laritarian against the ircrrtsed person but reason I arn r(:i.L(ly to settle the matter with t.Ie accused I submit that. I do :1ot I zive any objection if the criminal casre ir; cluashed .subsequently agairrst thc Ar:ctrsed person in FIR.No.32 of 2025, dated 72.\12.2025 of P.S.Huma5nrn \agar, Hyderabad. 4 I suL,mi, :bat I have agreed to compromise t]-e allovt, s,rid case ',, i.e. FIR.No.32 , tl 2025, dated 12.O2.2O25 of P.S.Hulna)/trn Nagar, Hyderabad .:n': rrnditionally. In view of the settlerne nt reached between us ro purpose will be selwed as the FIR.No.ll:.l c,f 2025, d.ated. l2.C.2.2ll1l i of P.. S. Humal'un Nagar, Hyderabac is cc ntinued further.

5. I sulrmii 'hat both tJ e parties have compromised tht rrratter as the complaLint ., rrlged on the basis of a misunderstan ding .tnr1 on the advice of r:lde:-:, and well wishers both the parties hzive cle,:ided to compromis;e th:' matter with the Accused' The continua -ro:r of the criminal p;'or:r:<-',1ings is coming in oui- way. of living of peace.'ul life. I submit thirt tr:'i's;elf has decided to compromise the Ine.tr.cr and no purpose will .tie served if the mattbr is kept pending before the Hon'ble Court, 6. That both the parties have sdtfled their dispute amicably and entered into compromise. The ,Respondent No. 2/ De_facto complainant frled an aJlidavit in the above petition to that effect. Therefore, both the parties.pray this Hon,ble Court may be pleased to compound the offences in FIR.No.32 of . 2025,. dated 12.02.2025 of P.S.Humayun Nagar, Hyderabad in the interest of justice .and pass such other order or orders as the Hon,ble Court may deem fit and proper in the circumstances of the case. Syed BaleeqUddin Nizaar (Accused) \,tJ-jrAf Mohd Khader Ipan (Respondent No. 2) Counsel the Petitioner Dated: 19.02.2025 Counsel for tll Respondent

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