The High Court · 2025

7. The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad. ...Petitioners/Accused Nos.1 to 6 AND

1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

2. Sri. Mohd Salman Chowda Occ. Textile Business, Fl/o. ry, S/o. Mohd Ayub Chowdary, Aged. 34 Years, H.No. 23-2-59lA, Moghalpura, Hyd, T.S. ...Respondents/De-facto Complainant 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 CC. No. 12648 of 2020 on the file of Vlll Additional Chief Metropolitan Magistrate, Hyderabad against the Petitioners /Accused Nos. 't to 6 in pursuance of the Compromise as withdrawn, in the interest of justice. ,., 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 of all further proceedings in cc.No.1264B ot 2o2o on the file of Vlll Additional chief lvletropolitan Magistrate, Hyderabad, rn pursuance of the compromise with the Petitioners/Accused Nos.1 to 6, in the interest of justice pending disposal of the main criminal petition. l.A. NO: 2OF 2025 BETWEEN: Sri. Mohd Salman Chowdary, Textile Business, Ryo. H.No. 2 S/o. 3-2- _!t{gfd Ayub Chowdary, Aged. 34 years, Occ 59/A, Moghalpura, Hyd, T.S ...Petitioner/Respondent No.2/De-facto complainant in lA.Nos.2 &3 of 202s AND

1. Majid Ashraf, Business, Rl/o Hyderabad, T.S S/o. Mohammed Ashraf, H No 18-7-213121314, Age. 37 Years, Oco Furniture Murad Mahal, Bhavani Nagar,

2. Mohd Mohiuddin Khan @ shakeer Nawab, S/o. Mohd Zaheeruddin, Aoe. 39 Years, Occ. Bu'kha Seiler, R/o. H.No. 16-203t1, Shahi;-N;g;;, 'N,i;i;p;;, Hyderabad, T.S. 20 -4-2Og I 1 I, Kh itwath, H uusainiSlam, t-tyderbbaO, t.S.

3. M^ohd-Zaki, S/o. Mohd Anwar, Aged. 43 yrs, Occ. Cloth Merchant, Rt/o. H.No. 4 !-ohd Sami, S/o Mohd Anwar, Aged.40 yrs, Occ. Cloth Merchant, Rl/o. H.No. 5. Khaja Abdul Waheed @^t![qia, Sto. Abdut Basith, Aged.42 yrs, Occ. Reat Estate, Rl/o. H.No. 22-1-86512, Noor khan bazaar, Oineerpura,-hyG"Uli, T.S. 20-4-2Og I 1 g, Kh ilwath, H uusainialam, Hyder;bad, T.S.

6. Shaik Mohd lmran @ Ali, S/o. Worker in cloth sh-op, Rl/o Hyderabad, T.S.

7. The State of Telangana, Rep Hyderabad. .Shaik Mohammed, Aged. 28 years, Occ. H.No. 23-6-569, Gowlipura, Moghalpura, by its Public Prosecutor, High Court at ... Respondents/petitioners/Complainant in lA.Nos.2 &3 of 2025 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to permit the Petitioner to file the compromise petition in view of the compromise between the parties in connection wiih tre cc No. 12648 of 2020 on the file of Vlll Additional chief Metropolitan Magistrate, Hyderabad for the offences under Section 341 ,342,363,324,506 r\w 34 lpC, in the interest of justice. l.A. NO: 3 OF 2025 ('- 9 2 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Compromise the CC No.12648 of 2020 on the file of Vlll Additional Chief Metropolitan Magistrate, Hyderabad for the offences under section 341 , 342, 363, 324, 506 r\w 34 lPC, against the Respondents /Accused Nos.1 to 6 in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vinod Singh, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 and of Sri Govind Vijay Singh, Advocate for the Respondent No.2. The Gourt made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.2981 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (lor short 'BNSS, 2023') seeking quashment of the proceedrngs in C C.No.'12648 of 2020, on the file of the Vlll Additional Chief Metropolitan tVlagistrate, Hyderabad, against the petitioners

2. The petitioners are arrayed as accused Nos.1 to 6 in the Calendar Case registered for the offences punishable under Sections 341,342, 363, 324, 506 read with Section 34 of the lndian Penal Code, 1860

3. Heard Mr Vinod Singh, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.'1-State and Mr.Govind Vijay Singh, learned counsel for the respondent No.2/de-facto complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly. respondent No.2/de-facfo complainant filed l.A.Nos.2 and 3 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners/accused in C.C.No 12648 of 2020 2 N7R,.ir

1..1.,\0.t.! ud ) o/ 2025 ir/ a (.r/.l)..\'o.298 I ol 202i

5. This Court vide otder dated 03.03.2025 referred the parties to the High court Legar services committee for identification and to verify the voruntariness in arriving the setrement. The secretary, High court Legar Services Committee, has submitted report dated 06.03.2025 stating that the parties are identified by their respective counser and arso on verification of Aadhar cards/rdentity cards and the enquiries revear that the parties have wi,fur and without coercion entered into settlemenUcompromise. 6 I have considered the submissions of the learned counsel and perused the materials on record 7 ' The accusations against the petitioners in the porice Report are that, the petitioners/accused, who are reratives of the wife of respondent No-2ldeJacto comprainant, confined the respondent No.2tdeiacto comprainant, beat him with curtain rod and sticks and threatened him with dire consequences demanding to give divorce to his wife and to pay Rs.45 lakhs as compensation. Having considered the allegations, the charged offences, which are essentiary inter-personar in nature and taking into account the amicable set,ement between the parties, in the light of the dictums in Gian singh v. state of punjab and anotherl and \ 2012 (10) SCC 303 3 Nl"lt,.ir [-.,1.N0r.? ard ) o-f 202 5 r,, / dnd C)r/.P.No.2981 o,[ 202 i Anil Mishra y. Sfafe of U.P2; Sfate of Madhya pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment of the impugned proceedings in view of the setflement by exercising jurisdiction under Section 482 Cr.p.C.lS2B of BNSS, 2023, would be in the interest of justice.

8. Accordingly, LA Nos 2 and 3 of ZO2S are allowed Consequenfly, all the proceedings in c.c No 12648 of 2ozo, pending on the fire of the Vlll Additional chref Metroporitan Magistrate, Hyderabad, are hereby quashed against the petitioners/accused Nos.1 to 6. I ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/- P PADMANABHA REDDY DEBUTY REGISTRAR \, )5 ECTION OFFICER \ To, 1 2 3 4 5 6 The Vlll Additional Chief Metropolitan Magistrate,Nampally Hyderabad The station House Officer, Mogalpura Police Station, Hyderabad Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One CC to Sri Vinod Singh, Advocate [OPUC] One CC to Sri Govind Vijay Singh, Advocate [OPUC] Two CD Copies ADK Along with a copy of Joint Memo of Compromise 'z 202+ INSC t89 I zorg 1s; scc oaa t \, fi! Er lr: I i HIGH COURT DATED:1110312025 COMMON ORDER l.A.Nos.2 and 3 ot 202i ln/and CRLP.No.2981 ot 2025 oB 1 klb. sT4 ( i 1C t)pH ZW (' I, Ct I .1, ; *^ DISPOSING OF THE CRLP AND ALLOWING IA.NOs.2 & 3 OF 2O2S IN THE HTGH COURT OF JUDICATURE OF TELANGANA AT HYDERABAD crr.P.No. e7 noJ2025 Between:

1. Majid Ashraf, S/o. Mohammed Ashraf, Aoe: 37 Years, Occ: Furniture Business, Rio. H.No. tB-7-2t3t213t4, Murad Mahal, Bhavani Nagar, HYderabad, T.S'

2. Mohd Mohiuddin Khan @ Shakeel Nawab, S/o. Mohd laheeruddin, Age: 39 Years, Occ: Burkha Seller, Rl,/o. H. No. 16-203/1, Shahin Nagar, Mailapur, Hyderabad, T'S'

3. Mo.[r{ Za.ki S,/o. Mohd Anwar, Aged: 43 Yrs, Occ: Clbth Merchant, R/o. H.No. 2O'4-2O9119, Khilwath, Huusainialam, HYderabad, T.S. '

4. Mohd Sami, S/o.' Mohd Anwar, Aged: 40 Yrs, Occ: Clotll'Merchant, Uo. H.No. 20-4'209119, Khilwath, Huusainialam, HYderabad, T.S'

5. Khaja Abdul Waheed @ Khaja S1o. Abdul Basith, Aged: 42 Yrs, Occ: Real Estate, R/o. H.No. 22-l-86512, Noor khan bazaar, Dabeerpura, HYderabad, T.S.

6. Shaik Mohd Imran @ Ali, S/o. Shaik Mohammed, Aged: 28 Years, Occ: Worker in cloth shop, R/o. H.No. 23-6'569, GowliPura, Moghalpura, HYderabad, T'S. AND

1. The State of Telangana, Rep by its Public Prosecutor, High Court at HYderabad. ...Petitioners/A1'to A6

2. Sri. Mohd Salman Chowdary, S/o. Mohd AYub Chowdary, Aged: 34 Years, Occ: Textile Busrness, R/o. H.No.23-2-59lA, MoghalPura, Hyd, T.S t

3.,t0 ,.Respondev. De-facto Complainant ( L srtP( 6.7-' ,OINT MEMO FIL ED BY THE PETITI ONERS AND THE RESPONDENT'NO.2 \ It is submitted that the Petitioners and the Respondent No.2 has compromised the matter in connection with CC. No. 12648 of 2075 on the file of Hontle VIII A.C.M.M, Hyderabad against the Accused Nos. 1 to 6 persons, out of the Court and the Respondent No.2 does not want to prosecute the mafter any further and to this effect a separate compromise petition is also filed. Hence this Joint Memo. -02-2025 Place: H d

1. Majid I tlAt ,10

3. Mohd. ZakilA3 ,. r/ -\>a ' 5. Khaja Abdul Waheed/As Sri. Mohd an Chowdary/R2 t- h-,i4'i Counsel for Petitioner /Respondent No.2 d-, 2 Mohd. Mohiuddin Khan @ Shakeel Nawab/A2

4. Moh Sa lA4

6. Shaik Mohd Imran @ Ali/A6 Counsel for Peti ers/Al to A6