The High Court · 2025

...Respondents/Accused No.1 & 2 Petition under Section 359 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminll petition, the High C;;rt ;ry be pleased to pernrit the petitioner to compromise the matter in s.b. ruo. ro+ ot 2022 pending on the file of Hon,ble I Addl. Metropolitan Sessions Judge, Nampattv, Hyderabad for the offences under sectioni io/ iog-.t lpc*lno 25 (1A) of Arms Act registered on Crime No. 46 of ZO2t aaGO -S9ctio1 03.03.2021 of P.S. Bahadurpura, Hyierabad against the Accused No..l and 2 and allow the parties to compromise the matter, in ihe interest of justice. I.A. NO: 3 OF 2 025 Petition under section 35g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar Fetition, tne Hitr,-court may be pleased to record compromise in s.c. No. 164 of 2022 p"noing-on1h" iir" or Honble I Addr. -A/et'oporitan sessions Judge, Nampaily, Hydeiabao roi ttre offences under sectons 307, 109 of rpc ind section'2s (1A) oinr* n.t registered on crime No. 46 of 2021 dated. 03.03.2021 or p.s.'a"r,rJr[ro, Hyderabad against the Accused No.1 and 2 and ailow the parties to"orpio-rir" the matter, in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon n6aring the arguments of Mr. G. shiva Kumar, Advocate for the petitioneis and thJ Mr. Jithender Rao Veeramala, Additional Pubric prosecutor on beharf of the Respondent No.1 and of I\4r. Mohd. Mohiuddin Quarrath, l\dvocate for the ResponOeniNo Z. The Court made the following: COMMON ORDER 7 THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos. 2 AN D 3 0F 2025 ln/And CRIMINAL PETITION No.4624oF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagaik suraksha sanhita, 2023 (for short 'the BNSS) seeking quashment of the proceedings against the petitioners in S.C No 164 ot 2022 ' on the file of the learned I Additional Metropolitan sessions Judge, Nampally, Hyderabad.

2. The petitioners are arrayed as accused Nos l and 2 in the Sessions Case registered for the offences punishable under Sections 307' 109 of the lndian Penal Code, '1860 and Section 25(1A) of the lndian Arms Act'

3. Heard Mr. G. Shiva Kumar, learned counsel Mr.Jithender Rao Veeramalla, learned Additional representing respondent No.'1-State and Mr' Mohd' for the petitioners, Public Prosecutor, Mohiuddin Quarrath, learned counsel for respondent No.2/de facto complainant Pending this petition, the parties have entered into the compromise and' 4. accordingly, they moved 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 Nos l and 2 in S C No. 164 of 2022

5. This court vide order dated 20.06.2025 referred the parties to the High CourtLegalservicesCommitteeforidentificationandtoverifythevoluntariness in arriving the settlement. The Secretary, High Court Legal Services 2 \ NTRJ I. {.Nos. 2 and 1 ctt 2025 Ln/aod Crl.l).No. 162.1 c>t 202t committee, has submitted report dated 02.07.2o2s stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/ldentity cards and the enquiries reveared that the parties have wilfuly and without coercion entered into setflemenVcompromise. 6 I have considered the submissions of the learned counsel and perused the materials on recrtrd T The prosecution's case, in brief, is that the petitioners/accused Nos. .l and 2, the de facto complainant (LW_1), and the injured witness (LW_2) were friends. Accused No t had previously assisted LW_2 in his real estate business However, as LW-2 aregedry began exhibiting inconsistent behavior, Accused No. 1 developed a grudge against him. On 02.03.2021, Accused No. .1 assaulted a common friend of LW-2. That friend advised LW_2 to lodge a complaint with the police. Upon learning of this, Accused No. 1. on the date of the incident, intercepted LW-2, caught hord of his coflar, and confronted him. when the de facto comprainant (LW- 1) intervened in an attempt to pacify the situation, Accused No. 1 allegedly attacked LW_2 with a knife, causing a bleeding injury. The charge sheet, however, records that the injury sustained by LW-2 was slmple in nature. S Having regard to the nature of the rerationship between the parties, the offences afleged to have been committed by the petitioners, and the nature of the injury caused, and further taking into consideration the amicabre setflement . arrived at between the parties with a view to restoring peace and harmony t -f 3 \1-R.I I.A.Nos.2 a[d 3 o;292j ^nd Crl.P.No. 4621 ot 2021 j,, / among them, in the light of the dictums in Gian Singh v. Stafe of Punjab and anothey' and Anit Mishra v. State of tJ.P.z; State 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 settlement by exercising jurisdiction under Section 482 Cr.P.C.t528 of BNSS, 2023, would be in the interest of justice.

9. Accordingly, LA.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in S.C. No. 164 of 2022 on the file of the learned I Additional Metropolitan Sessions Judge, Nampally, Hyderabad, are hereby quashed against the petitioners/accused Nos.1 and 2.

10. Resultantly, the Criminal Petition is allowed Pending miscellaneous applications, if any, shall stand closed SD/- MOHD.ISMAIL DEPUTY REGISTRAR a SECTION OFFICER //TRUE COPY// To,

1. The I Addl. Metropolitan Sessions Judge, Nampally, Hyderabad. 2. The Station House Officer, Bahadurpura Police Station, Hyderabad District. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to Mr. G. Shiva Kumar, Advocate [OPUC] 5. One CC to Mr. Mohd. Mohiuddin Quarrath, Advocate [OPUC] 6. Two CD Copies (Along with a Copy of Joint Memo of Compromise) kam/PSL | 2012 (10) SCC 303 'z 2o2q Irusc t89 I 2019 (s) scc 688 HIGH COURT DATED:2210812025 ,.:' ,.;1. :-t i:,.-:,, \ 0 s ttl 2ti?5 COMMON ORDER l.A.Nos.2 and 3 of 2025 ln/and CRLP.No.4624 o12025 BOTH l.As AND CRIMINAL PETITION ARE ALLOWED @ 10\af j I HIGH COURT FOR TIIE STATE OF TELANGANA ATHYDERABAD I.A. No. Crl. P. No. 3 IN q adq of20{ of202{ . . . .Petitioner/ Defacto complainant ... RespondenV Respondent Between: Sy. ed_Jameel @ Babu Miya, S/o. Syed Khasim, Aged 45 years, Occ: Rcal Estate Business, R/o: H.No. t9-4-439 / 10, BNK Colony, Tadban, Bahadurpura, Hyderabad I 2 3 AND The State ofTelangana, |9n bf its Public prosecuror, High Court Hyderabad, Hyderabad, Telangana. ShaikAbdul Irfan @ Shaik Irfan @ Khan, S/o: Shaik Abdullah, Aged 34 years, Occ: Driver, R/o: H.No. t7-3-8SB/4, Zafar Road, Yakutpura, Hyderabad. ShaikAkram @ Akram @ Goru, S/o: Shaik pasha, Aged 3O years, Occ: Real Estate Broker, R/o: H.No. t7 -3-BSB / 4, Zafar Road, Yakutpura, Hyderabad. ) .... Respondents/ Accused No.l & 2 JOINT C OMP ROI\4I /ACCUSE D AND SEMEMO F PETI ILED B Y THE 2'd RESPO NDENT TIONER /DEFACTO COMPLAINANT May it please your Lordship - I

1. It is submitted that the Petitioners are accused No.1 & 2 in S.C. No. 164 of 2022 pending on Lhe hle of Hon'ble I Addl. Metropolitan Sessions Judge, Nampally, Hy<lerabad for the offences under Sections 307, 109 of IPC and Section 25 ('11\) of Arms Act registered on Crime No. 46 of 2021 dated.

03.03.2021 of P.S. Bahadlrrpura, Hyderabad against the Accused No.1 & 2 and allow the parties to compromise the matter, in the interest ofjustice and may pass such other order or orders as the Hon'ble Courl may deem fit and proptr in the c ircumstances of the case.

2. It is submitted that both the parties have settled their disputes amicably at the instance o{ family elders and well-wishers and agreed to withdraw the S.C. No. 164 c'f 2022 pending on the file of Hon'ble I Addl. Metropolitan Sessions Judge, Nampa11y, Hyderabad for the offences under Sections 307, 109 of IPC and Section 25 (1A) of Arms Act registered on Crime No. 46 of 2021 dated. 03.03.2021 of P.S. Bahadurpura, Hyderabad against the Accused No.1 & 2 and allow the parties to compromise the matter, in the interest of justice and may pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances olthe case It is submittcd that loth the parties agreed not to initiate any cases against I each other It is submitted that in pursuance to the compromise entered between the parties the Peti,.ioner hcrein has decided to appear before this Hon,ble High 3 4 I ,l i I l i / Coud and not press the S C' No 164 of 2o22pending on the file of Hon'ble I Addl. Metropolitan Sessions Judge' Nampally' Hyderabad for the offences under Sections 307' 109 of IPC and Section25 (1A) of Arms Act registered on Crime No' 46 of 2021 dated' 03'03'2021 of P'S' Bahadurpura' Hyderabad against the Accused No 1 & 2' It is further submitted that as the matter is settied no purpose will be served if the matter is kept pending before the Hon'ble Court' 5 Shaik Abdul Irfan @ Shaik (Accused No' 1) Irfan @ Khan Shaik Akram @ Goru (Accused No'2) Counsel e Petitioner I Datedf8.03'2025 Hyderabad Sved Jameel (Petiti 6 e^b,, MiY' oner) Counsel for fu"3'dRespondent