The High Court · 2025
Case Details
Acts & Sections
1. The State of Telangana, reptd.by the Public Prosecutor, High Court, Hyderabad. (Respondent No.1 )
2. SRI SHAIK IBRAHIM, S/o Shaik Mansoon, aged about 21 years, Occ Furniture work, R/o Near Newton School , Natraj Nagar' Tappachabutra' Karwan Telangana State ...Respondents/ComPlainants 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 pending criminal case in PRC.No. 395 of 2024 arising out of Crime No.52 of 2024 of P.S. Tappachabutra, Hyderabad pending on the file of Hon'ble Vl Addl Chief Judicial Magistrate, Nampally Criminal Court Complex, Redhills, Hyderabad against the Petitioners/Accused. No.1 to 3 in the interest of justice l.A. No: 1 OF 2025 AND l.A.No: 2 OF 20?/5 l.A. No: 1OF 2025 Between:
1. Sri Shaik lbrahim, S/o Shaik Mansoon, aged about 21 years, Occ Furniture work, R/o Near Newton School , Nakaj Nagar, Tappachabutra, Karwan Telangana State ...Petitioner/Defacto Complainant .*r-i V AND 1 The State of Telangana, reptd.by the Public Prosecutor, High Court, Hyderabad. ...RespondenUComplainant
2. Mohd Zaffar, Slo Late Mohd Jhangir, Aged about 22 yea$, Occupation Carpenter, R/o H.No. 13-1-12331204, Near Akram Medical Shop, Natraj Nagar, Jhirra, Hyderabad. Telangana-
3. Syed Atif, S/o Late Syed Sarwar, Aged about 21 yedrs, Occ Mobile Repairing, R:/o H.No. 12-1486110312, Kishan Nagar, Asif Nagar.
4. Mohd Mustafa, S/o late Mohd Sikander, Aged about 20 years, Occ Student, R/o H.No. 17-7-193161A, Nagar Bowli Yakutpura, Hyderabad ...Respondents No.2 to 4/Accused No. 1 to 3 Petition under Section 320(6) Cr.P.C. RA / 359 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/Defacto Complainant for compounding the offences in PRC.No. 395 of 2024 arising out of Crime No. 52 of 2024 of P.S. Tappachabutra, Hyderabad pending on the file of Hon'ble Vl Addl Chief JudiciaI Magistrate, Nampally Criminal Court Complex, Redhills, Hyderabad against the respondents 2 to 4/Accused No.1 to 3 in the interest of justice. l.A. NO: 2OF 2025 Petition under Section 320(2) Cr P C. RA / 359 of BNSS 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 PRC .No. 395 of 2024 arising out of Crime No,52 of 2024 of P.S. Tappachabutra, Hyderabad pending on the file of Hon'ble Vl Addl Chief Judicial Magistrate, Nampally Criminal Court Complex, Redhills, Hyderabad against the respondents 2 to 4/Accused No.1 to 3 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 Mohammed Zaki, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and Sri Mohd. Abdul Habeeb, Advocate for the Respondent No.2/De-facto complainant. The Court made the following: COMMON ORDER I I I I i i I i I l i I i I I : i I i THE HONOURABLE SRI JUSTICE N.TUKARAMJI t.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITI ON No . 3156 0F 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 P R C.No' 395 of 2024, on the file of the learned Vl Additional chief Judicial [Magistrate, Nampally, Hyderabad.
2. The petitioners are arrayed as accused Nos.l to 3 in the P RC' registered for the offences punishable under Sections 307,324,341' 504 read with Section 34 of the lndian Penal Code, 1860.
3. Heard Mr.Mohammed Zaki, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No,'1-State and Mr.lVlohd. Abdul Habeeb, learned counsel for the respondent No.2/de-facfo complainant.
4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2/de-faclo complainant filed l.A.Nos'1 and 2 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 Nos.1 to 3 in P.R.C.No.395 of 2024.
2. N7R./r I-4.No:rl and 2 of 2025 in/and Crl.l'.Na )156 of 2025
5. This court vide ordet dated 04.03.2025 referred the parties to the High court Legal services committee for identification and to verify the voluntariness in arriving the setflement. The Secretary, High court Legar services committee, has submitted report dated 06.03.2025 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 coercion entered into settlemenUcompromise. b 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 setflement between the parties and to restore peace between the parties, in the right of the dictums in Gian singh v. sfate of Punjab and anotherl and Anit Mishra v. state of lJ.P.2; State of Madhya pradesh v. Laxmi Narayan and othersr, this Court is of the considered view that quashment of the impugned proceedings in view of the setflement by exercising jurisdiction under Section 482 CIP.C.IIZB of BNSS, 2023, would be in the interest of jus_tice. | 2012 (1O) SCC 303 ' 2024 INSC 189 I zors 1sy scc oaa )J N J R,rr l.t1.Norl and 2 0J2025 uf and Cr/.P.No. )156 o.f 2025
8. Accordingly, l.A.Nos.1 and 2 of 2025 are allowed. Consequently, all the proceedings in P.R.C.No.395 of 2024, pending on the file of the learned Vl Additional Chief Judicial l\tlagistrate, Nampally, Hyderabad, are hereby quashed against the petitioners/accused Nos.l to 3 o 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 OFFICER To,
1. Vl Additional Chief Metropolitan Magistrate, Hyderabad 2. The Station House Officer, Tappachbutra Police Station' Hyderabad 5. t*o CCs to the Public Prosecuior, High Court for the State of Telangana at Hyderabad (OUT) +. One CC to Sri Mohammed Zaki, Advocate [OPUC] 5. One CC to Sri Mohd. Abdul Habeeb, Advocate [OPUC] 6. Two CD CoPies ry/ ABK/gh Along with a copy of Joint Memo of Compromise HIGH COURT DATED: 1110312025 COMMON ORDER I.A.Nos. 1 and 2 ot 2025 ln/and CRLP.No.3156 ol 2025 1tlE :i i4 r$ c, 25 ru6 206 '_)f i'/ ,/ o () I DISPOSING OF THE CRIMINAL PETITION AND ALLOWING l.A.Nos 1 and 2 ot 2025 \ $ tI IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANCANA JOINT MEMO FILEDBYPETITIONE RS AND RESPOND CRL.P.NO. oF 2025 ENT NO.2. IN PRC. No;. 395 o'f 2024 (Police Station P S TAPPACHABUTRA' Hyderabad') IN Crime No. 52 of 2024 pending on the file ot tre r-ron"tie vr nJor cni"t Ludicial lVlagistrate, Hyderabad Between: 1. MOHD ZAFFAR S/o Late Mohd Jhangir' Aged about 22 Years' OccuPation : CarPenter, i/o lir.r". r e-r 'izsltzO+' Near Akram N/leclical shop' Natraj Nagar, Jhirra, Hyderabad. Telangana'
2. SYED ATIF S/o Late SYed Sarwar' Aged about 21 Years, Occ: Mobile RePairing' R/o H.No. 12-1 4BGl 10312' Kishan Nagar, Asif Nagar'
3. MOHD MUSTAFA S/o late N/lohd Sikander' Aged about 20 Years, Occ Student' R7o H No. 17-7-1g3t6tA' Nagar Bowli' YakutPura, HYderabad Petitioners/ Accused.No l to 3 AND
1. The State of Telangana, reptd'by the Public- Prosecutor' iigitcorrt Hyderibad (Respondent No'1)
2. SRI SHAIK IBRAHIM' S/o Shaik [Vlansoon, aged about 21 years' Occ; Furniture work, R/o ilear Newton School , Natraj Nagar' TaPPachabutra, Karwan Teiangana State. (Respondent No'2) ,yU ohq- Respondents/ResPondents -.4Y \l
1. That I am the deponent herein being the Petitioner/Defacto Complainant herein in the above Quash Petition as such I am well acquainted \ \ with the facts of the case.
2. I submit that being the Petitioner/Defacto complainant herein begs to submrt that due to some misconception the name of the Respondents No.2 to 4 / Accused.No.l to 3 is mentioned in the above criminal case as they never involved in the above case never committed the alleged commission of offence. 3. I submit that, I approached the Respondents No.2 to 4 / Accused.No.l to 3 and voluntarily agreed to withdraw the above criminal case against them., The Respondent No.2 to 4 being tlte Accused No. 1 to 3 has never committed alleged commission of offence nor participates in any manner in the above pending crime lVloreover I do not want to prosecute the criminal case against the Accused No. 1 to 3- Thereby I do not want to proceed against the Respondent No 2 to 4/Accused No. 1 to 3 I therefore pray that this Hon'ble Cor-trt the petitioneri Defacto Complainant hereiri'prays that this l-1on'ble Court be pleased to record the compromise in PRC .No 395 of 2024 arising out of Crime No.52 of 2024 of P.S. TAPPACHABUfRA, Hyderabad pending on the file of Hon'ble Vl Addi Chief Judicial I\/lagistrate, Nampally Criminal Court Complex, Redhills, Hyderabad against the respondents 2 to 4/Accused No 1 to 3 in the interest of lustice and in the circumstances set forth to above. Sworn and signed before me, On this the ul day of \ltarctt,2025, At: Hyderabad. HvdMK ,<^ bA DeponJ nt