Gian Singh v. State of Punjab and anotherl and Anil Mishra vs State of lJ.P

Judgment

1. Qli 9f'":l Ngd-eeq, SJo Shaik_Nazeer , Aged about 28 years, Occ. Sofa Work R/o H. No. 8-3- 169/540 and 545 / B, Habeeb Fatima hiagar, Rahmath NagJr, Hyderabad. ...Petitioners/Accused No.1 and 2 2 The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangaria at Hydeiabad. ...RespondenUDe-facto Complainant ...RespondenUComplainant

Petition unddr 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 CC No.2372 of 2022 on the file of lll Additional Chief Judicial Magistrate, Hyderabad, against the Petitioners/Accused No.1 and 2. l.A. NO: 1 OF 2025 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 stay all further proceedings in cc No.237z ot 2022 on the file of lll Additional chief Judicial Magistrate, Hyderabad, against the petitioners/ Accused No,1 and 2. 'Y l.A. NO: 2 OF 2025 BETWEEN: Sri Shaik Nadeem, S/o Sk. Jahangrr Miya, Aged about 28 year.s, Occ. Sofa Work R/o H. No B-3- i6e/540 and 545 ia H6bbe6}it,i,ir.rigi,, i:rh.iinnigr'i"'^ Hyderabad. ...petitioners/De-tacto Complainant AND 1 2 Shaik Muieeb, S/o. Sk Jahangir, Aged about 35 years, Occ Business R/o 84_ - 369121 1,i 91 Borabanda, UVO"eriUSO Shaik Mujahid, S/o. Shaik Nazeer, about 34 years, Occ. Travel Business, R/o 8-4-369121 1,191 Borabanda, Hyderabad

3. The State of Telanoan'a,.Rep. by its public prosecutor, High Court of Telangaria at Hydeiabad. ... RespondenUAccused No.1 & 2 ...Respondents/De_facto Complainant Petition under section 35g(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar iefi-tion, tne nign court .nlv ou pleased_.to grant permission to- record the compromise statemerri ano quasn'tne proceedings in cc.No.2372 or 2022 on the fire of ilr Additionar cnrei-JuJiciar Magistrate, Hyderabad, against the petitioners/ Accused No.1 ancr 2. l.A. NO:3 oF 2025 Petition under section 35g(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar Fetition, the High court may be pleased to record the compromise statement and quash the proceedings in cc No.2372 of 2022 on the fire of ilr Additionar chief ludiciar Magistrate, Hy"alrro"o, against the Petitioners/ Accused No.1 and 2. This Petition coming on for hearing, upon perusing the irremorandum of Grounds of criminar petition and upon hearing the arguments of Sri Ajay rurrarni, ! Advocate for the petitioners and sri Jithender Rao Veeramaila, r,dditionar pubric Prosecutor on beharf of Respondent No.2 and of sri Moharnmed Hussain, Advocate for the Respondent No.1. The Court made the following: COMMON ORDER i 6 C THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.2921 OF 2025 COMMON ORDER This Criminal 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 C.C.No.2372 of 2022, on the file of the lll Additional Chief Judicial Magistrate, Hyderabad

2. The petitioners ate arrayed as accused Nos.1 and 2 in the Calendar Case registered for the offence punishable under Section 3C4-A of the lndian Penal Code, 1860

3. Heard Mr.Ajay Kulkarni, learned counsel for the petitioners, Mr.Mohammed Hussain, learned counsel for respondent No.llde-facto complainant and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.2-State

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.2 and 3 ot 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners/accused Nos.1 and 2 in C.C.No.2372 of 2022. 2 N7t(,/ t..1.,\o:.2 und ) of 2025 in/and (.r/. P-lro.2 92 1 of 202 i

5. This court vide ord.o dated 18.03.2025 referred the parties to the High court Legal services committee for identification €rnd to verify the voluntariness in arriving the setflement. The secretary, Fligh court Legal services committee, has submitted report dated zs.o3.2o2s stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/ldentity cards and the enquiries revealed that the parties have willfully and without coerciorr entered into settlemenUcompromise.

6. I have considered the submissions of the rearned counser and perused the materials on record.

7. The accusations against the petitioners/accused Nos;..1 and 2 in the Police Report are that, the petitioners/accused Nos.1 and 2 while renovating their house, engaged welders, the deceased/rshaik Nayeem and another, to install iron pipes to sides of the stair case and while the deceased shifting the iron pipe at 2nd floor, suddenly, the iron pipe got contact to service wire and the deceased Nayeem received electric shock and fell on the 2nd floor. rmmediately, he was shifted to hospitar, where the doctors declared the deceased dead. Having considered the allegations, the nature of charged offence and taking inkr account the amicable settlement between the parties, in the light of the dicturhs.in I I 3 N7&I I.-,1.N0:.2 and l oJ 2025 tn/ and OLP.No.292t of 2025 Gian Singh v. State of Punjab and anotherl and Anil Mishra v. State of lJ.P.2; State of Madhya Pradesh v. Laxmi Narayan and ofhers3, this Court is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr.P.C.l528 o'f BNSS, 2023, would be in the interest of justice

8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all the proceedings in C.C.No.2372 of 2022, pending on the file of the lll Additional Chief Judicial Magistrate, Hyderabad, are hereby quashed against the petitioners/accused Nos.'1 and 2.

9. ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed lZoi (ro) s6a 3o3 2202, ?N6c l?q zot? (s) scc 6Bs 3 \ To, //TRUE COPY// SD/. MOHD. ISMAIL EPUry REGISTRAR SECTION OFFICER '1. The lll Additional Chief Judicial Magistrate, Hyderabad 2. The station House Officer, SR Nagir police S'trt,on, Hyderabad 3 Two ccs to the pubric prosecutorl uigh cou.t'ioitn" state of rerangana at 1 9"" CC to Sri Ajay Kutkarni, Advocate [OPUC] 5. One CC to Sri Mohammed Hussain, nOvocate jOeUCl 6. Two CD Copies Hyderabad (OUT) ADK/gh Along with a copy of Joint Memo of Compromise HIGH COURT DATED:0110412025 COMMON ORDER l.A.Nos.2 and 3 of 2025 ln/and CRLP.No.2921 of 2025 ( g o 1Ht. S l'A 14' 2 6 JUN 2025 l ? o DISPOSING OF THE CRLP AND ALLOWING lA.NOs.2 & 3 OF 2025 &b 0\fr I ! ) i i I I L IN THE HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD I.A. No. CRL.P. No. ),IN .2i/e) oF 2025 oF 202s Between: 2 1 2 1 Shaik Mujeeb S/o Shaik Nazeer Aged about 35 years' o.., iri"".t ol o 8-4-369 I zlL'19 1 Borabanda' Hyderabad' Shaik Mujahid S/o Shaik Nazeer Aged about 34 years' Occ: Travel Busincss, R/o 8-4-369/211'191 Borabanda' - Hyderabad. ...Petitioners/ Accused No'1 and 2 AND Sri Shaik Nadeem Sio Shaik Nazeer ' Aged about 28 Years, Occ: Sofa Work il;. -;. a-r- iog/sqo & s4s / B' Habeeb Fatima Nasar' Rahmath Nagar, HYderabad' The'State of Telangarta, Rep. bY its Public Pro:;ecutor' Hign Clrtt ofTelangana at Hyderabad' ... Respondents/ Defacto complainant I T EM May it Please Your lordshiP, It is submitted thai: the respondent No'1 hereln filed a 1. conrplaint against petitioner before SR Nagar Police Statioh on 06- 02-2024 and based on the said complaint the police h,lve registered as FIR vide Crime No. 92 of Zn2dated 06_02_20 22 for theoffence punishable under sections 304(4) IpC against the accused. That the police have filed charge sheet and the same is nuntbered as CC NO. 2372/22 on the file of :IJI 4661 Chief Judiciat Magistrate, Hyderabad for the offence punishable under sections 304 (A) of IpC against the accused.

2. It is submitted that I have lodged complaint in FIR. vide Crime No. 92 of 2022 dated 06_02_2022 before SR Nagar potice Station and police have filed charge sheet vide CC NO. 2372122 on the file of III Addl Chief Judicial Magistrate, Hyderabad against the accused No.1 and 2 herein compraint brother come to their house and asked to lift the three iron pipes (each 20 feet ) to :;hift at 2nd floor. But they replied that the,_e is service current wire ,tnfrcnt oF their house, it is danger to cir.y pipes from ground floor to 2nd floor. Then the accused persons petitioners herein reptied to them nothing will happen and not take any precautionary me,tsures to safe guard them while working. While they were working, suddenly the iron pipe got contact to erectric wire and the deceased received current shock and felt on 2nd flobr itself and expired my respondent brother., based on the said complaint the police have regist(-.red the above said complaint against the accused herein and the same is hereunder challenge. : I I I j i I l I I ,l l I I

3. It is submitted that due to timely intervention of elders and well-wishers of both the parties herein, have settled the dispute between them outside of the court and decided to compromise the matter taking into consicleration of their family relation and background. That the respondent no.l herein came forward to withdraw the complaint lodged by him against the petitioners and to that affect, he has also executed an alfidavit expressing his willingness to not press the complaint against the petitioner. I

4. It is submitted that the dispute between the parties is settled out5ide the court and to that eFfect, the parties herein have executed affidavits and Joint Memo. That considering the above facts and circumstances this Hon'ble court may be pleased to quash the proceedings in CC NO.2372122 on the file of III Addl Chief ludicial Magistrate, Hyden;bad. in view of compromise beWveen the parties, otherwise the petitioner will be put to serious loss and hardship which cannot be compensated in any manner. It is therefore prayed that this Hon'ble Court may be pleased to record the compromise statement and quash the proceedings in CC NO. 2372122 on the file of III Addl Chief ludicial Magistrate, in a \ / \ vrew of the compromise between the partic.s, in the interest of justice and pass such other order or orders n,ay deem fit and proper in the circumstances of the case. Hence, this Joint Memo. Hyderabad DATEL7_02_202s Petitioners No1 and 2 Counsel for petitioners No.1 arrci 2 ,t D Counsel for Respondent No.1 *llAL Respondent No.l