High Court · 2025

lvlohammed Atif Siddiqui, S/o Mohammed Abdul Hameed Siddiqui, aged about 34 yrs, Occ. Pvt employee, R/o Flat No. 1014, Gemmaleka Residency, Old Mallepally, Asif Nagar, Hyderabad, rep by GPA Mr. Mohammed Abdul Hameed, Aged about 65 yrs, Occ. Business, R/o Flat No. 101A, Gemmaleka Residency, Old Mallepally, Asif Nagar, Hyderabad. AND 1 2 The State of Telangana, Rep. by its Public Prosecutor, Having office.at High Court, Hyderabad. Neha Tabassum Afzal Ali, Wo Mohd Atif Siddiqui, Aged about 3'1 yrs, Occ. household, R/o Chandrapur, Maharashtra. ...Petitioner/Sole Accused 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 call for the entire records relating to FIR No. 40 of 2024 pending on the file of Learned I Additional Chief Metropolitan Magrstrate, Nampally, Hyderabad, and quash the same in the interest of justice. ...Respondents l.A. NO: 2 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 FIR No.40 of 2024 pending on the file of I Additional Chief Metropolitan Magistrate, Nampally, Hyderabad pending quash petition in the interest of justice. ,r'{ l.A. NO: 5 OF 2025 BETWEEN: Neha Tabassum Afzal Ali, Wo Mohd Atif Siddiqui, Aged abc,ut 31 yrs, Occ household, R/o Chandrapur. Maharashtra. ... Petitioner/De-facto Complainant in LA.Nos.5 & 6 of 2025 AND

1.. Mohammedatif Siddiqui, S/o Mohammed Abdul Hameed Siddiqur, aged about 34 .yrs, Occ Pvt employee, R/o Flat No, 101A, Gemmaleka Fiesidency, Old Mallepally, ,A91! Naga1, Hyderabad, rep by GPA Mr. [Vloharrmed Abdut Haineed, Aged-about 65 yrs_,.Occ. Business, R/o Flat No. 101A, Gemmaleka Residency, Old Mallepally, Asif Nagar, Hyderabad. 2 The State of Telangana, Rep. by its Public Prosecutor, Having office at High Court, Hyderabad. ...RespondenUPetitioner in l.A.Nos.5 & 6 of 2025 ...RespondenURespondent in in l.A.Nos.S & 6 of 2025 Petitron 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 grant permission to the petitioner and the Resporrdent No. 1 to enter compromise in FIR No.40 of 2024 pending on the file of Learned I Additional chief Metropolitan Magistrate, Nampally, Hyderabad, and quash thr-' FIR in the interest of justice. l.A. NO: 6 OF 2025 Petition under Section 359(2) of BNSS praying that ir. the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to record the compromise in between the petitioner arnd the Respondent No l in FIR No 40 of 2024 pending on the file of I Additiona Chief Metropolitan Magistrate, Nampally, Hyderabad, and quash the FIR in the intr:rest of justice. This Petrtion coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments; of Sri Mohammad Adnan, Advocate for the Petitioner and the sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 and of sri shaik Abdul Kahder, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER w THE HONOURABLE SRI JUSTICE N.TUKARAMJI LA.Nos.5 AND 6 OF 2025 ln/And CRIMINAL PETITION No.3262 OF 2025 co MMON ORDER ThisCriminalPetitionisfiledunderSection52SofBharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' 2023') seeking quashment of the proceedings against the petitioner in crime No.40 of 2024 of Asif Nagar Police Station, Hyderabad District'

2.ThepetitionerissoleaccusedintheCrimeregisteredforthe offences under sections 3 and 4 of the t\iluslim women (Protection of Rights on Marriage) Act,2019. 3 Heard Mr.Mohd. Adnan, learned counsel for the petitioner' Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and t\/r.Shaik Abdul Khader and Mr.B.Venkat Ram, learned counsel for the respondent No.2ldeJacto complainant

4.Pendingthispetition,thepartieshaveenteredintothecompromise and, accordingly, respondenl No.ZldeJacto complainant filed lA Nos 5 and 6 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against thr petitioner/accused in Crime No.40 of 2024 2 \'71t,/ l. l.\,t.,.; aritl 6 ol !02j rn/ and (.r'.P.\o. )262 01 2025

5. This Court vide otder dated 05.03.2025 referr,:d the parties to the High court Legar Services committee for identification and to verify the voluntariness in arriving the settlement. The Secreta-y, High Court Legal Services Committee, has submitted report dated 12 03 2925 stating that the pa,,ies were identified by their respective corinser and arso on verification of Aadhar cards/rdentity cards and the enquiries reveared that the parties have wirfury and without coercion entered into settle m e n t/co m p rom tse.

6. I have considered the submissions of the learned counsel and perused the materials on record

7. Having considered the allegations, the nature of charged offences and taking into account the amicabre setrement betwer:n the parties and to restore peace between the parties, in the right of th(-, dictums in Gian Singh v. State of punjab and anotherl and Anit Mishra v. State of lJ.P.2; State of Madhya pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment c,f the impugned proceedings in view of the setflement by exercising jurisdiction under Section 482 Crp.CtS28 of BNSS, 2023, would be in the interest of justice. 1 2U2 (10) SCC 303 1 2024 INSC 189 '2019 (5) scc 688 I l I I I I I I I i i I I w J -\r&/ L.4.Nar.l and 6 ol 2025 tr f and Cl. P.)',a )262 af 202; B. Accordingly, I A.Nos.5 and 6 of 2025 are allowed. Consequently, all the proceedings in crime No.40 ol 2024 of Asif Nagar police station, Hyderabad District, are hereby quashed against the petitioner/accused. I ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/- MOHD. ISMAIL EPUTY REGISTRAR SECTION CFFICER To,

1. The I Additional Chief Metropolitan Magistrate, Nampally, Hyderabad 2. The station House Officer, Asif nagar Police Station' Hyderabad 3. Two CCs to the Public Prosecutor, High court for the state of Telangana at Hyderabad (OUT)

4. One CC to Sri Mohammad Adnan' Advocate [OPUC] 5. One CC to Sri Shaik Abdul Kahder, Advocate [OPUC] 6. Two CD Copies ADK/gh Along with a copy of Joint Memo of Compromise HIGH COURT DATED:1810312025 COMMON ORDER !.A.Nos.S and 6 of 2025 ln/and CRLP.No.3262 ot 2025 'c o LI \. tk' {' f,( i. C) 21 ,luil 2p5 t oal-rl.TCt-tt-'!) DISPOSING OF THE CRLP AND ALLOWING THE lA.NOs.S&6OF2025 )4 w e IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA Crl.P. No o12025 Behveen Mohammed Atif Siddiqui, S/o Mohammed Abdul Hameed Siddiqui, aged about 34 yrs, Occ: Pvt employee, R/o Flat No. l0lA, Gemmaleka Residency, Old Mallepally, Asif Nagar, Hyderabad, rep by GPA Mr. Mohammed Abdul l{ameed, Aged about 65 yrs, Occ: Business, R io Flat No. 10 I A, Gemmaleka Residency, Old Mallepally, Asif Nagar, Hyderabad, . . . Petitioner/Solc Accused And

1. Thc State olTelangana, Rep. by its Public Prosecutor, Having office at High Courl, Hyderabad. 2 Neha Tabassum Afzal Ali, @/o Mohd AtilSiddiqui. 'Aged about 3 I yrs, Occ: household. R /o Chandrapur, Maharashtra. . . . Respondents JOINT MEMO OF COMPROMISE May it please your lordship, 1 . That the petitioners and the respondent No.2 have entered into compromise. j I I I

2.TherespondentNo.2hasdecidedtowithdrawthecrilninalcasevideFlR No.40of2024pendingonthcllleofIACMM,Hyderal-'ad,onthefollowing terms and conditions a That thc l(espondent No.2/defacto complainant in her considered opinion thought it nccessary to admit with her free willand full consent 'lhe Respondent the divorcc given by thc Atif Siddiqui Mohammed No.2/clcfacto complainant furthcr admitted the Divorce Cedificate issucd br Govt. Qazaath, vidc fite No. 420 of 2020 on 04-10-2020' by Yirluc of "Govcrnment Order Ms. No 2, diLted 07-02-2008' Minorities Welfare (Waki II) Dcpartn.rcnt, Govcrntltent of Andhra Pradcsh, at I lyderabad".

3. Thc llespondcnt No 2/defacto complainant demandcd Rs' 3,50,0001 (Rupees'l'hrce Lakhs and Fift-v Thousand Only) for the full and final settlcrnent in respcct of permanent alimony I'or herself and the Pclitioncr hcrein agrecd for thc same. -1. That thc Petitioner herein paid Rs. 1,50,000/- (Rupc:s One Lakh and Filtl I'housand Only) out oi the full and final settllment amount in respcct of permanent alimony oI Rs 3,50,000/- (lLupees Three Lakh and Iritty 'lhousand Only) on this day i.e..4 6 Fehruarl, 2025, in lavour of Respondcnt No.l/defacto complainant through Demand LtLIGTZL dated- 2_ z Drali bearing No. IssLred b1, on beha'foftheir son i.e., Atif Siddiqui lvlohammed

5. That the Respondent No.2/defacto complainant agrecd to rvithdraw the proceedings pending against the Atil Siddiqui Mohamrned and his fanill' rnembers in aforementioned cases at her own lccord with in the (30) days from thc date ofexecution ofthis agreement.

6. That thc Respondent No.2/defacto c \\nildi,rryv ti\ff"' orncc' a'l "0"::, omplainant unrlertakes to atrend for completiorr of the Pending formalities to receive her iddath amount along with maher amount which is total Rs. 80,000/- (Rupees Eighty Thousand OnlY).

7. That the Pctitioner herein hereby declared that he have no any manner of objection on Respondent No 2/defacto complainant' if she (Respondent No.2/defacto complainant) obtain / collect the demand draft amounting to Rs. 80,0001 (Rupees Eighty Thousand Only), from the Qazaath Office, at Hydcrabad, which was drawn by Atif Siddiqui Moharnmed in favour of Respondent No'2/defacto complainant and the same is deposited at the Qazaath Office, at Hyderabad during unilateral divorce declaration by Atif Siddiqui Mohammed' rN Ir I l 1 I

8. That the Petitioner herein hereby declared that Respondent No.2/dcfacto complainant only is having lawful right to collect the above mentioned demand draft amounting of Rs' 80,0001 (Rupecs l\.o,ttu'L I Eighty'i;ifi only) lrom the Qzaath office, at Hyderabad 1f'"ro'J-'

9. Whereas the Petitioncr herein hereby undertake to hand over the balance amount ol Rs. 2,00,0001 (Rupees Two Lakh Only) and also her entire gold ornaments i.e., l2 Tola (approximately) "as is where is" condition to the Respondent No 2/defacto complainant in the presence of thc Hon'ble Court on the day of withdrawing aforcmentioned all cases pending against Atif Siddiqui Mohammed and his familY members.

10. That the Respondent No.2/defacto complainant hereby undertakes to hand over the entire gold ornaments of Atif Siddique l"tohuS- which is now with her possession to the totat weight of (6) tolas (60 grams) to Petitioner herein or his father/GPA at the time ofreceiving back her above mentioned gold ornaments' Agpto, ,

11. That the Respondent No.2/defacto complainant declares that since she herself enter into this agreement of settlement with all free will' full consent and without any misrepresentation, so accordingly' Respondent No.2/defacto cornplainant hereby undertakes NHt/;ll'x,,' thar shc shall not nrake any claim either for Dower amount, Iddath Period maintenancc or mainter. ,^,0",]r,'"rr,::fi Hl.::, T; j[ j I Siddiqui Moharnr,r",, nrade b1,hcr or any other person/s on her behalfthc same shall be null, void and iilegai one. ",

12. l'hat thc Respondent No.2/r comprainanr to this agreement decrares and undertakcs ,n,'"tur'o proceeding eirher civir ,r;'r:l; f::J: #j, ;;rTffr:: dissolution of hcr nrarriage bywayof is initiated b} Respondent ;arnc shall be nLrll, vo d antl illegal one. Mohamnred on the basis of th Divorceand incase i'anysucr No.2/dcfhcro comprainanr ,n" ]"o"""0'n*t Il.'flrrr rhc Respondcnr No.2,, . hercby rL rrh er u ncrcrrakcs,r:ffi ;;Ti:';T;'. .i,,'l JT "ll# agairrsr Arif S iddiq u i Mohan arready seurcd in tu, and #':':::';::;::J:..ij:T';; valuable / arnount or any otl No.2/deracro cornpiairr.nr, ;: ":I: .'r;,,' r",, i,lJ,;.:::r:j Luren lorccablc under larv. I4. That Itespondent No.2/defacr complainant to this agreement hereby rurlher dccrares una una".trrl inter rbrence in rhc rurure ,,n;#:lor:li';",n:H; ffi;".J at Iiberty to choose thcir orvn respecrive ruture rives,,,,"rJJ;; H:::Jj ;lc to read,heir I5. In ordcr to ularily lurthcr and fi)r rhc c.,i"r^^,:^ specifi ca,y underraken r, .,: H:: ;::iTH':::::j: :; rnanner of intcrference in the future respective personal matrimonial I 25 Iivcs / aflairs and accordingly their respective marriagc photolraphs / videos are exchanged by them by separating / culting off and both the parties undertake not to misuse the same in any manner.

16.That the Respondcnt No.2/detacto complainant herein declares that she is not having any manner ofclaim against each other and no such claim shall be entertain able in future. Irlence the memo. Date: Feb 2025 \/ PETITIONER (^? 4) 1h,." C Hyderabad. Cou or petrtlonerg Resp{ndcnt Nofu Couns r Respondent No.2 I