The High Court · 2025
Case Details
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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 FIR No, 79 ot 2025 of PS Abids, Hyderabad, dated 03- O4-2O25 and furthermore, considering the above facts and circumstances' the Hon'ble Court may also be pleased to allow the compromise. l.A. NO: 2 OF 2025 Between: Saif Baig, S/o Kousar Baig, Aged 25 years, Occ. Student, R/o H. No. 3-05-1 11, Karkhana, Tirumalagiri, Manovikasnagar, Secunderabad, Hyderabad. ...Petitioner/2nd RespondenUDe-facto Complainant AND
1. Mohd. Moiz Uddin @ Sameer, S/o Mohd. Minhaj Uddin, Aged 25 years, Occ. Student, R/o H. No. 17-4-719, Thega Galli, Yakuthpura, Charminar' Hyderabad- 500023. ...RespondenUPetitioner/Accused No.1 Buildinq' Hyderabad
2. The State of Telangana, Rep. by Public Prosecutor High Court, High Court ...RespondenuRespondent Petition under Section 359(6) of BNSS praying that in the circumstances stated in the permission Petition, the High Court may be pleased to permit the Petitioner herein / De-facto Complainant in the main criminal petition for ,/ compounding the offences in FIR in Cr. No. 79 ol 2025 on the file of PS Abids, Hyderabad. l.A. NO: 3 OF 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the affidavit, Joint Memo and along with Compromise Petition accord between Petitioner/Accused No.1 and Respondent No.2/De-facto Complainant, it is therefore prayed that this Hon'ble High Court may pe pleased to quash the proceeding against the petitioner/accused No.1 in FIR in Cr. No. 79 of 2O25 on the file of Police Station Abids, Hyderabad, dated. 03-04-2025. This Petition and Applications coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and Compromise Petition and Permission Petition and upon hearing the arguments of Iv1r. Syed Yousuf, Advocate for the Petitioner and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of Mr. L. Ram Singh, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.5249 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioner in Crime No.79 of 2025 of Abids Police Station, Hyderabad
2. The petitioner is arrayed as accused No.1 in the Crime registered for the offences punishable under Sections'1 09, 352, 1'15(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (1or short 'BNS, 2023')
3. Heard IVlr.Syed Yousuf, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.L.Ram Singh, learned counsel for the respondent No.2/de-facto complainant.
4. Pending this petition, the parties have entered into the compromise and, 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 petitioner/accused No.1 in Crime No.79 of 2025. I I I 2 Amu l.1.Nor2 and ) oJ 2025 in/ ard Cr/.P.N0.5249 0J2025
5. This Court vlde order daled 17.04.2025 referred the parties to the High court Legal services committee for identification and to verify the voluntariness in arriving the settlement. The secretary, High court Legal Services Committee, has submitted report dated 24.04.2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar cards/ldentity cards and the enquiries revealed that the parties have willfully and without coercion entered into settlemenUcom promise.
6. I have considered the submissions of the learned counsel and perused the materials on record
7. The accusations against the petitioner/accused No.1 in the Police Report are that on 03.04.2025 at about 6:30 AM, while the respondent No.Ztde-facto complainant was trying to stop the fight, the petitioner/accused No.1 suddenly taken the knife and stabbed him on the backside of waist and some of the friends of the petitioner beat him with hands, whereby caused bleeding injuries on his head and back side. Having considered the allegations, the charged offences and the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v- State of Puniab and anotherl and Anil Mishra v. Sfate of lJ.P.2i State of Madhya Pradesll t, | 2012 i10) SCC 303 3 NT&/ LA.Nor2 ard ) of 2025 tu/ and CrlP.No.5249 0J2025 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.l528 of BNSS, 2023, would be in the interest of justice
8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in Crime No.79 of 2025 o'f Abids Police Station, Hyderabad, are hereby quashed against the petitioner/accused No.1. 9 ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. \ I to,.1 //TRUE coPY// Sd/. A. SREENIVASA REDDY \ ASSTSTANT REGISTRAR I I lt, SECTIdN OFFICER Hvderabad. [OUT] ,n" I Additionar chief Judicial Magistrate at.Nampallv, Hyderabad "n[ii"?or'"" st"tion' Hyclerabad District
2. The Station no"" otti""!i 3. Two CCs to the Publr;E;"'"i*"t' ffign Court for the State of Telangana at 4 6'": #l; fu-,rrr^.. IBffil i11"".":[EBffii 5. One CC to Mr' L Ram Slngn' Auvuuarc lvr v-r 6. Two CD CoPies " iAiil;itil; copv of Joint Memo of compromise) 4/ 'z 2o2q Irusc t89 3 zors 1s; scc oee HIGH COURT DATED:01 10512025 .'r'qls' COMMON ORDER l.A.Nos.2 and 3 of 202 ln/And CRLP.No.5249 of 2025 d 6F T:'- i .\ .''| 1- i1 .$' $ .$ )1 c' -)r ^( &Dtu * l.A.Nos.2 and 3 ot 2025 ARE ALLOWED DISPOSING OF THE CRIMINAL PETITION / /4 tf /5 /2, k IN THE HIGH COURT OF THE JUDICATURE OF TELANGANA AT HYDERABAD Crl.P. No. of 2025 IN FIR No. 79 of2025 (PS Abids, Hyderabad Dist, Dated O3-O4-2O251 Between: Mohd. Moiz Uddin @ Sameer S/o Mohd. Minhaj Uddin, Aged 25 years, Occ: Student, R/o H. No. 17-4-719, Thega Galli, Yakuthpura, Charminar, Hyderabad- 500023. ..Petitioners / Accused No. 1 AND
1. The State of Telangana, Rep. by Fublic Prosecutor High Court, High Court Building, Hyderabad.
2. Saif Baig, S/o Kousar Baig, Aged 25 years, Occ: Student, R/o H. No. 3-05-111, Karkhana, Tiru mala giri, M anovikasnagar, Secunderabad, Hyderabad ...Respondents / D.e-facto Complainant JOINT MEMO F'ILED BY THE PETITIONER/ACCUSED NO.1 AND RESPONDENT NO.2/DE.FACTO COMPLAINANT May it please your Lordship! It is submitted that, on the information report submitted by the Respondent No. 2 the Police Abids, registered a crime vide FIR - No. 79 of 2025 of PS Abids, Hyderabad, dated 03-04-2025. It ts further submitted that the information so given to the Police was a result of some misunderstanding and involves an accident, which was clarified b1, the intervention of elders and well-wishers from both the sides. It is submitted that in view of the studies and future prospects of both the parties and of the clarification of their misunderstandings, the well-wishers on both the sides have suggested settling the dispute. Pursuant to the suggestion made by well-wishers, the Petitioner and Respondent No. 2lDe-facto Complainant decided not to continue the dispute and agreed for the settlement, thus, the Petitioner/Accused No.1 and Respondent No. 1n{tto'iz g,/'ru/ I I I 2lDe-facto Complainant have amicably settled the matter. In these circumstances, the FIR No. 79 of 2025, of PS Abdis at Hyderabad., may be quashed. Hence this joint Memo. Dated: 10-04-2025 Place: Hyderabad. !"/9,/ De-Facto Complainant / Respondent No.2 Counsel for the De-facto Complainant / Respondent No.2 o P tioner / Accused No. 1 Counsel for Petitioner/Accused No. 1 e t I ! I I