The High Court · 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 quash the proceedings in S.C.No .44712019 on the file of the ll Additional Sessions Judge at Nampally, Hyderabad. .A. NO: 2OF 2025 Petition under Section 482 of Cr.P .C 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 including appearance of petitioners in S.C.No.447l2019 on the file of the ll Additional Sessions Judge at Nampally, Hyderabad during the pendency of Criminal Petition. l.A. NO: 3 OF 2025 Between: '1. Abdul Mateen, S/o Late Abdul tvlajeed Age . 38 years, Occ. Pvt Employee, R/o. H. No. 5-6-27217 I A, Aghapura, Subhanpura, Nampally, Hyderabad. 2. Abdul Hafeez, S/o Late Abdul Majeed Age. 41 years, Occ. Decoration Work R/o H. No. 5-6-27 2 17 I A, Aghapura, Sub han pu ra, N ampal Iy, Hyderabad. ...Petitioners/Respondent No.2 & 3 in lA.Nos.3 & 4 of 2025 AND '1 . Shaik Afsar, S/o Late Shaik Ghouse, Age.34 years, Occ. Sales Executive, R/o H.No.1 1-4-3'16, Bazaarghat, Red Hills, Nampally, Hyderabad.

2. lAirza Ashwan Baig, S/o Mirza Aslam Biag Age. 35 years, Occ. Salesman, R/o H.No. 10-2-28718, Flat No.102, Shanthinagar, Asif Nagar, Hyderabad. 3. The State of Telangana, Rep. by the Public Prosecutor High Court at Hyderabad ...Respondents/Respondents in IA.Nos.3 & 4 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 parties to compound the offences in S,C. No.447120'19 on the file of the ll Additional Sessions Judge, at Nampally, Hyderabad in the interest of justice. l.A. NO: 4 OF 2025 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 record the compromise between the parties and quash the proceedings in S.C.No.44712019 on the file of the ll Additional Sessions Judge, at Nampally, Hyderabad 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 P.Animi Reddy, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri Abdul Nissar, Advocate for the Respondent Nos.2 and 3. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos. 3 AND 4 oF 2025 ln/And CRIMIN AL PETI T=-loN No. 3354 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 proceedrngs against the petitioners in S C No 447 of 2019, on the file of the learned ll Additional Sessions Judge' Nampally' Hyderabad.

2. The petitioners are arrayed as accused Nos'1 and 2 in the Sessions Case registered for the offence punishable under Section 307 read with Section 34 of the lndian Penal Code' 1860

3. Heard tVlr.P.Animi Reddy' learned counsel for the petitioners' tVlr,Jithender Rao Veeramalla' learned Additional Public Prosecutor' representing the respondent No 1-State and tVlr'Abdul Nissar' learned counsel for the respondent Nos 2 and 3tdeJacto complainant and injured'

4. Pending this petition, the parties have entered into the compromlse and, accordingly, respondent Nos 2 and 3ldeiacfo complainant and injured filed l A.Nos.3 and 4 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash tho- -- proceedings against the petitioners/accused Nos l and 2 in S C'No'447 of 2019 2 5 This Court vide order dated 06.03.2025 referred the parties to the for identification and to verify the The Secretary, High Court Legal ort dated 13.03.2025 stating that respective counsel and also on High Court Legal Services Committee voluntariness in arriving the set ement. Services Committee, has submitted rep the parties were identified by their verification of Aadhar Cards/ldentity Cards and the enquiries that the parties have willfully and without coercion settlement/com promise entered into revealed 6 lhave considered the submissions perused the materials on record. of the learned counsel and 7 and ta to rest Singh lt.P.,; Having considered the allegations, the nature of charged offence king into account the amicable setflement between the parties and ore peace between the parties, in the light of the dictums in Gian y. Sfafe of punjab and anotherl and Anit Mishra v. State of Sfafe of Madhya pradesh v. Laxmi Narayan and othersr, lhis of the impugned Court rs of the considered view that quashment proceedings in view of the setflement by exercising jurisdiction under Section 482 Cr.p.C.tS2B of BNSS, 2023, would be in the interest of iustice ,.. ,?9tz ttol scc 303 . ZU24 INSC 18C ' 2019 (s) scc 688 .. ". i.q r. '.: :::':.,'' t_ t l J \-mJ /.,'1.Nor:J .r l l a/ 202i uf atl (-ri.P.No.11 4'201t

8. Accordingly, LA Nos.3 and 4 of 2025 are allowed Consequently' all the proceedings in S.c.No.447 of 2019, on the file of the learned ll Additional Sessions Judge, Nampally, 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 //TRUE COPY// SD/- A.V.S. PRASAD DEPUTY REGISTRAR SM SEC FFICER To, to 1," public prosecutor, High court for the state of Telangana at

1. The XV Additional Chief Metropolitan Magistrate at Nampally, HyderqPad i. fii. Striion HoJse officer, Habeebnagar Police Station, Hyderabad City' 5. r*" -cEi +. Ohe CC to Sri P. Animi Reddv, Advocate [OPUC] 5. One CC to Sri Abdul Nissar, Advocate [OPUC] 6. Two CD CoPies Hvderabad [OUTI !t- NVB/gh Along with a copy of Joint Memo of Gompromise W.!--.e ' :., ,: HIGH COURT DATED:18t0312025 COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/and CRLP.No.3354 of 2025 ,4re (- 15 SEP XE i. * Dt-.3pAl ,: aEo t DISPOSING OF THE CRLP AND ALLOWING THE IA Nos.3 &4OF2025 (+ t3 I z) --AsB HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD cRL.P.No. of 2o2s _Z 1 f7' BtrTWEEN:

1. Shaik Afsar S/o Late Shaik Ghouse, Age:34 years, Occ: Sales Executive, R/o H.No.1 l-4-316, Bazaarghal, Red Hills, NampallY, HYderabad

2. Mirza Ashwan Baig S/o Mirza Aslam Biag Age: 35 years, Occ: Salesman, R/o H.No. LO-2-287 18, Flat No.102, Shanthinagar, Asif Nagar, Hyderabad. AND

1. The State of Teiangana Rep. by the Public Prosecutor High Court at HYderabad.

2. Abdul Mateen S/o Late Abdul Majeed Age : 38 years, Occ: Pvt EmPloYee, R/o.H.No. 5-6-27217 lA, AghaPura, Subhanpura, NamPallY, Hyderabad. Petitioners/Accused No. 1 & 2 Respondent/ ComPlainant ...Respondent No.2/ Complainant

3. Abdul Hafeez S/o Late Abdul Majeed Age: 41 years, Occ:Decoration Work R/o H.No.5-6-272 / 7 I A, AghaPura, Subhanpura, NamPallY, Hyderabad. .....Respondent No. 3 / LW2-Injured AW il.% \' -r '.rd: .. 'r:'- '*'-*{ , ''+! a\ JOINT MEMO f it is submitted that respondent no.2 given a compraint against the petitioners in PS Habeeb Nagar registered a case in crime No.24/2o17 for the oflences punishable U/Sec.307 r/w 34 IpC. - 2 During investigation the police recorded the statements of n itnesses. After completing the investigation, the police rrred charge sheet. The case rtas committed to sessions court ald numbered as 5.C.No.447 /2019 on the fi1e of the II Additionar Sessions Judge, at Nampally, Hyderabad for , the offences punishable U/Sec.3O7 rlw 34IpC ald the same is pendilg. a It is submitted that respondent no.2 & 3 have no interest to prosecute the Petitioners and accordingly they have no objection to a,row the criminal petition ancl quash the proceedings before the triar court against the Petitioners herein. Since at the instance of elders and rve1l r.vishers the matter has been settled between them and the accusecl no. I & 2 given assura,ce that in future they will not interfere into the personar life of complainant ancl his brother. Hence, the further proceedings before the trial court is nothing but abuse of process of law.

4. The contents mentioned in the said Compromise petition is true and correct to the best of their knowledge and belief, the said compromise is entered with free will and consent and without undue influence from anyone and the respondent no.2 & 3 have no criminal petition. objection to allow the JtclA-4tw ) $ I i I It is therefore prayed that this Hon'ble Court may be pleased to recordthecompromisebetweenthepartiesandquashtheproceedings against the petitioners/Accused No'1 & 2 in S'C'No'447 l2OL9 on the hle of the II Ad ditional Sessions Judge, Nampa1ly, Hyderabad and pass such other order or orders as the Hon'ble court may deem fit and proper in the interest of justice ' Date:05-03-2025 Hyderabad, Hence this Joint memo. PETI ER No.1 PETITIONER No.2 COUNSEL FOR PETITIONtrRS I l, i i I I I I l I \ i I l l(--' ofr'rr' NDENT 2"a RESPO Jtil, 3,d RESPONDENT COUNStrL FOR THE RESPONDENT NO.2 & 3