The High Court · 2025
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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 direct the respondent No.2 herein not to leave the country (lNDlA) without the permission of this Hon'ble court, pending disposal of Crl.P.No.4B54 of 2023 l.A. NO: 2OF 2023 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 in connection with FIR No.64 of 2023 d1.O7.02.2023 with PS Musheerabad, Hyderabad in so far as the petitioners herein accused Nos.2 and 3 therein are concerned, pending disposal of Crl.P.No.4854 2023. l.A. NO: I OF 2024 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 grant leave (permission) to compound the offences alleged in respect of FlR.No.64 ol 2023 d1.0710212023 with PS Musheerabad, Hyderabad. l.A. NO: I OF 2024 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 as per MOU and quash the proceedings in FlR.No.64 of 2023 dl.07lO2l2O23 with PS Musheerabad, Hyderabad. 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 extend interim orders of stay dt.06.06.2023 granted in Crl P.No.4B54 of 2023 ill disposal of Crl.P.No.4B54 of 2023, pending disposal of Crl P.No 4854 of 2023 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argumenls of Sri Kanumuri Kalyani, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and of Sri P Giri Krishna, Advocate for the Respondent No.2, The Court made the following: COMMON ORDER 7 / I t I THE HONOURABLE SRI WSTICE E.V. VENUGOPAL I.A.Nos.8 and 9 of 2O24 inland CRIMINAL PETITION No.4854 of 2023 COMMON ORDER: It is submitted by learned counsel appearing for the petitioners as well as the respondent No'2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I'A'Nos'8 and 9 of 2024 lnave been filed to record the compromise between them and to compound the offences.
2. Vide order dated 29.O1.2025, this Court directed the parties along with tJreir respective counsel to appear before the Secretar5r, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identihcation and to submit a report.
3. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court trgal Services Committee, has identified the parties and submitted a report, dated 30.O1.2O25 and the same is placed on record' In view of the above, I.A.Nos.8 and 9 of 2024 are allowed' 4. Consequently, this Criminal Petition is allowed and the proceedings in Cr.No.64 of 2O23 of Musheerabad Police Station' \ 2 Hyderabad against tJre petitioners/accused Nos.2 alrd 3 are \ hereby quashed. Miscellaneous applications, if any pending, shall stand closed To, //TRUE COPY// Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR E:CTION OFFICER ( Hvderabad [OUT]
1. The XVll Addirional chief Metropolitan Magistrate at Hyderabad. i. in.'strti." House officer, ttilusireeraoad Folice Station' Hyderabad 3. Two CCs to the puuric Fioselutor' High Court for the State of Telangana at a i# n;ta ;o'Jtt LJg,r Services Committee' High Court for the State of 5 one ic to sti (anumuri Kalyani, Advocate-[O. PUC] ; o;; cc to sri P Grri Krishna, Advocate [oPUc] 7. Two CD CoPies Telangana at HYderabad ADK/DL Along with a copv of Memorandum of Understanding +.' \ v 1 $E STAIe c o * P :! Ct -a-- 19 APfl ?025 f,6-,-.17..,-,-( --;;:';;:; _ HIGH COURT EW,J DATED:03102t2025 COMMON ORDER l.A.Nos.8 and 9 ot 2024 ln/and CRLP.No.4854 of 2023 ALLOWING THE CRLP AND tA.NOs.8 & 9 OF ZO24 l0 ) t-!- I 0 I t. B fj-,t ()o oo-1 00 -1 001 0 1 00 -l oo1 -1 0 -,, o1() o-tO1 O O 10 C)(] 10 t 1 O I 1 \ 1 OOr Ot) ooo-i 1 001001 00 crc, 1€)o1 oo o-, oolo O <,)oo 1-t oC -l ON C) (J1() aGo { @og rn ee ffi.rmr TELANGANA BL 805030 TIan ld: l{t006105401158859 t Dat : 06 ocT 2021, 10156alu { Plrchrscrl Dr: A'IIJLACARWAL o Vo LAIE IIARI KlSltAN AGARWAL r uo nvoan-g,{o For lYtod r,{. RAMANA &O. LAIE M.V. CHALLAM LTCENSED STAMP VENDOR Lic. No. l5-lf-ool/r20t I RctLNo I t I !025/2021 r l-r-21t1, PLOT l.IO. 21, KRANTTII NAGAR d)I.NY, SAR@RNAGA& R.R.DIST Pb 9949ll12ll MEMO ND UND NDI This MEMORANDUM OF UNDERSTANDING is made and executed BY AND BETWEEN M.Ramana S/o Late M.V.Challam, aged about 65 years' Occupation: Doctor ' R/o 4, Priory Court, Boston, PE21ORT, U'K' (here-in-after called the "PARTY OF THE mSf .pAyl which term shall mean .administrators, legal representatives, a-nJ nominees and assignees etc.) all his heirs, executors, -incluoe t 3 a Ep a e s c t e , a l // / / 6 --2-- AND Sri Ashok Kumar Agarwal S/o Hari K!s!an^ Agarwal' aged about 65 years' Occupation: Business, alo H'fl"'r-i-6/33' Sri krishna Colony' Musheerabad' Hyderabad-500020 include "PARTY OF THE SECOND PART", WhiCh tCTM all his heirs, executors, administrators' (here-in--after called the mean and representatives , nominees and assignees etc',) Wrr*=* SmL K. Vijaya Wo K' Krishna Raol(esav had acquired Plot No'33 ,lri,+'-r"s,J;' s;6"'ol"o ot.rs.o7.ts78 bearins Doc.No,2-t73178 300 was-acquirq-il the admea5uring 200 sq.yaris, ef"t ru9 name of the PARTY Or irie FIRST PART, M' Ramana under' Doc'No'4469178 Hiirli.inie'"ni i,rt. [. :nunri Rani acquired ptor No.3s. under Doc' ;,:;:;il;;i.r+.oz.ls;r io*"i"'ins 308'se sq' vards in the lavout or M/s.Cine ,Guild Co-ope'iti'" Ho"ing- Cooperative Housing Society at Sri '#ffi; c"b.n r'tustreeraoad, Hyderabad' -l3dmeasuring ANDWHEREAStheSmt.K.VijayaandSmt.K]hansiRanibyincludingthe name of the first pa,tr"enierei-'into partnership under the name and style "United Builders" ,"gl';"J *itn tn" Registrar of Firms' Government of AndhraPradesh,HVOe.'aOaOunAe"egisttationNo'3220/1981whereinthe three plots were the inr""Ji,|"nt?iom tieir side in the firm and the party of the Second Part was aj"""tinl tmounts for the purpose of development of the property and to t;i"-t"t conskuction,^and thereafter distribute the constructed portions in-ierms of the partnershio deed entered into between the parties originally on ii'S'tSSr which was superseded by the subsequent PartnershiP Deed dt' 14'1 1'1981' ANDWHEREASthepartyoftheSecondPartSta]tedconstructionworkin the said three plots u' p"l ton't'uction permission vide permit no'193/43 of 19g0 and carried ort *[lt io .Lrtuln exient by constructing Ground Floor (2 z!-aa sc, feets ground floor for parking flats) admeasuring zoaS"sq''i""G flat (semi - 'na and First Floor (3 o""jial''"ut*ing 3132^sq- feets and one op€n finished) admeasuring'iO++ iq'ft',"in 1981 itself' The party of Second Part handed over in 1981 T;; rtals in'ground !o9r to other set of paftners' The gi"'"d d"r as PTIN No' 1090132626 stands in the flat towards north in ti name of first PartY " Z-i ? 0 rieved bY Krishna Rao Keshav Sa on 08.05.200 No.323/2003 the Hon'b f by waY disposed off 2003, cccA. I tn the suit before were disPosed o --3- AND WHEREAs certain differences arose in the matter of execution of the PartnershiP and its activities, whereu pon Smt. K. VljaYa and Smt. lhansi Rani by adding the name of the first PartY filed a suit O'S.No'148 2l[g84 on the file of Hon'ble court of IV-Addi tional .ludge, CitY Cvil Court, Hvderabad which was the same, CCCA. No' 276 No.6/20 08 were fited bY the Parttes abad which Pradesh, HYder f Andhra .2011. And nt on 27.09 n Judgme
3. Being agg aNd TT. CCCA. le High Court o of a commo whereas, while the aPPe als were Pending before the Hon'ble Hig h Court, Sri a Registered executed alon g with his wife Smt' K. VilaYa resenting the si Rani and M' Ra mana, rep te deed on behalf of Smt. K. Jhan prop€ rty, without his knowEdge and consent in resPect of the ProPertY in Plots Nos.33, 34 and 35 in Sri Kri shna ividual, Personal sa*" ut their ind namelY Sri' B. ColonY, Musheeraba d, Hyderabad n favor of thi Balaral Goud and Sri A.M.Raja under a reg istered sale deed dt.23.06.2004 beaflns Doc.No.1760/ 2004. The Party of the Second Part herein had fited a Revlew CCCA MP. No' 9612012in CCCA. No.27612013; Review CCCA MP .No' 77612011 in CCCA' No. 323/200 3 and Review CCCA MP. No. 296120t2 \n TT.CCCA. No. 6/2008 which were disPosed off bY waY of a commo n Judgment Pradesh, Hvderabad on rt.L2.20t3 granting the sale deed No .176012004 setting aside of registered in favour of the third Parties' The said directbn has beco me final. AND WHEREAS one of the third Party Sri B' Balraj Goud filed SLP 2014 before the Hon'ble SuPreme Court of India, New Delhi as n Judgment and Review tn CCCA MP.NO .776lz0tr \n 11.12.2013 and the Party of the Second Part herein filed against the 37-39120t4 as urt disposed thc SLP@ 21.09.201s' e High Court o reliefs including P (civil) No'113 eme Co .2015 & (civil).No.649U against the commo CCCA.No.323/03 dt' sLP (ci No.649 2014 and SL vil) No.8131-33 The n Judgments' tl2}t4 and batch vid Hon'ble SuPr e order dt'18'08 of Hon'bl various rd Parties f Andhra I AND WHEREAS Party of the Second Part filed CC'No' 1496 of 2005 as including PartY agalnst the three Partn ers and GPA ho of iX Additional d the two Pu SubsequentlY, the case against the of the First Part herein, an lit and renumbered as Hyderabad. itan Magistra Rani was sP Chief MetroPol mt. lhansi urt. The Hon'b le Court rst Part and S of the Fi e Hon'ble Co partY of the sam ef MetroPo litan Magistrate, Hyderabad vide its ludgment 008 on the file C.C.No.796 of 2 t of conviction as agal nst the accused therein' Additional Chi of lX dt.03.01.2023 Passe f three Partners rs on the file lder o rchase d ludgmen *Jr- r) o rr(*' ,/JJ r #. g --4-- ''o"'i'og"-*Lnt i00i and batch dt'1f i2'2013' The party of the First part has fited Crt'R'Uo':18 of 2023 on the file of the l'og"' Hvderabad being aggrieved bv Honble Court of In""ifis;";iii c'C'r'ro'zso of 2008' which is pendins' '"*opoiiiunt""itLnt AilD WHEREAS plot no.33'34' and 35'. sri Krishna corony' Musheerabad, Hvderabad-20 ttaue 0""'i'#';ti;""d to lne R'm-and is an asset of the firm alienated by Krishna Rao *M/s.United Builders,,. no*Lu"r, the same .was Keshav on behalf or pu't'ii"ii"i'pu-'t 99:It K' lhansi Rani and' Smt' ji p o-o-.zo-o+ wnictr was set aside bv K.vrjaya vide sale o""o'*'J'i'oi'brio+ and decree'ii-n"ui"* CCCA MP'No'96 of Honble High Court 2012 in CCCA.No'276 "i consequent to the decree of ND WHEREAS the respective partner, Honble High Court are required to work out their A dissol ution of firm bY roceedings. And Whereas the Parties hereln entitlement in the final decree P mutuallY ag reed to settle their inter-se interest in the Partnership firm "M/s. United Build erts'. The PartY of Seco nd Part requested the parry of First Part, bY way of abundant caution and to avoid anY comPlicaUons in future, to execute artnershiP and also his right, title and Deed of Relinquishment of share in P in plot No.34 admeasuring 300 sq.Yard SSItuated at Sri Krishna interest ColonY, Musheerabad, Hyderabad-500020' While these matters are pending, there were medi ation efforts so far as the parties herein are concerned to Put a quietus and on the intenvention of the medi ators, the Parties have decided to settle the matter amicablY' F E oRAND F D AND FOLLOWSi 1) The Party of the First part hereby decta ;;;;iti1i;:'ilEli'{l' H'}#fi [?[l"f#B-:'sl,,*":,'r',Ui,"":,::T:;*^'H:[ i';:' o"no; ii; seco nd Pa rt herei n' absol utelv' '#"':"J1'Till'6f res that he hts under the resPect of the the registrar of Kumar Agarwal, ^ ol L,r, ///' --.l o 2) 3) 4) s) 6) 7) --5-- 1 As per the terms of the Deed of Partnership dt'14'11'1981' the PARTY OF FIRST PART along with Smt' K' Vijaya (his siste| and Smt'K'lhansi Rani are entitled to two residential tiais (irame structure) along_ with proportionut" parking portion, and one fla! on the first floor facing i"*-"id. Northern iide- admeasuring 1044 .sq'ft'' (approximately) ''..irai"S common services in lieu of piofits in the business' The PARTY OF SECOND PART completed the construction-of Ground Floor frame IttrJ*" of two flats, handed over possession of the same' The Party of the First Part also hereby declares .tlut l: ir""tf"ttlilfi"quishes/ conveys/releases/assigns all his rights' interests' claims and title in pioi'rtrt':+, Sri Kr'stina. Colony' Musheerabad' riyi"r.OrO, more fully dEcribed in the sclrcdule annexed hereunder in favor of Ashok Kumai nga*at i'e. the Pafi of the Second Part absolutelY and unequivocallY' ThePARTYOFFIRSTPARTherebytransfers'.assions'relinquishesallhis interest by virtue of pa'tn""'ti'p6""0 Ot'rq'f f'rdAf in favour of PARTY oF SECOND pnnr inciulinq il of flat bearing H'No'1-56/34 '"tp"a bearing PTIN No.106oi5zozo ii' Ground Floor (Northern side) measuring roa+ sqftl'";i;i;;t;' in Sri Krishna Apartments' Sri Hyderabad construc{ed on plot Krishna Colony, M';;;'o' 808.b9 sq.yards and his un-divided Nos.33, 34 & 35 interest in the first ii;;; ilih"tn Flat admeasuring 1044 sq'ft'' "o*"u*iing and facilities which should have along with ;ih Smt' K'Vijaya and Smt'K'Jhansi been allotted to nim Rani. "ppurttn"'iiurn"niti"= "r""g has no interest in the The Party of the First Part hereby declares ihal,h€ assets of the firm una thl'tnui" referaOte to the Party of the First part rt""Jt*"tf"rred/assigned to the Party of Second Paft' In view of this setuement the par1ry of ffrc second part is entitled to prosecute such further p'tt""O'gt''elating.to-the oartnership of Mis' ieferable to himself United Builder, .'u,*'ng'ttl-iight'iitl"' ay lnlet"st il;#;;;iins that o1t'u eu'tv of the First Part' In view of the settlement betwe differences Etween the Parties s amicablY and neither Party has an the settlement ari'ived at' en ttre parties, all the disputes and f,uff O" 0""*"a to have been settled V lfui* against the other in respect of ^A- . I t\v-L..' ,^lv \'./- 0 8) e) 10) 11) t2) 13) 14) ,0 --6-- The Party of the First Part hereby declares that any settlement, either by any deciiion by a Court of law or by mutual settlement where under, a particular share, interest in the firm "United Builders" is allotted to the ;;tt!r;i the First Part by virtue of himself being a Partner-in-the said hi*, ir.,urr stand transferred/assigned/conveyed in favor of sri Ashok fumat nga.*al, the Pafi of the Second Part herein who is a partner in the firm. The pafi of Second Part shall on passing of the final decree by the ffonfif" iourt , satisfy the claim of Sri. B. Balraj Goud out of the share oFthe party of' First Part in terms of judgment of Hon'ble Supreme Court of india. The parties herein shall execute such compromise petition(s) / memo(s) ,;ilt be required to settte the proceedings in crl.A.No.18/2023 on the nL o?'Hon'ble court of Metropolitan Sessions Judge, Hyderab?d'-?!9 lonr"qu"nilv set_aside the iud'gment in CC.No.796l2008 dt.03.0 1.2023 tn so fir as the PARTY oF FIRST PART is concerned' Thepaftieshereincovenantthateitherofitisentitledtocauseproduce ir," ["pv of this seftlement before the appropriate authority,_ court ir.frOitiSi the Hon'ble court of IV Senior Civil Judge' City Civil Courts' ;i;;;;;d.J il the intertocurory apptications in. oS. No. 14 821 L984, and/or froceeding(s), petition(s) etc', either before the same court ;;ifih* oi O"for" any other .ourttil including Hon'ble High Court for the State of Telangana and Honble Supreme Court of India' The parties herein shall record appropriate compromise'- settlement in cii.p.r.ro.+gs+/2023 before the High Court for the State of relangana to ouash the proceedings in FIR.No:64l2023 of PS Musheerabad and / or take such steps as maybe necessary to close the same' The PARTY OF FIRST PART also hereby confirms that no further accounting or settlement of any other terms relating to the partnership ouua at.r+.rr.1981 under the name and style of "M/s united Builders" is requiredandthesameshallbedeemedtohavebeenfullyandfinally t"til"d intur-te the parties herein qua the partnership' since the party of the first part hereby confirms that he left for London yuui May 1995 and he settled down as doctor by profession and in lt he got citizenship of UK in the year February, 2005' He was not present in t"ndia on any day of the said transactions what so ever therefore he " L>: t\ has no further interest either in the partnership, the property, assets ol the partnershlp and the same shali stand assigned, transferred, made over to the party of the second part. The party of first part covenants that he has no objection in the Hon'ble Court of IV Sr. Civil Judge or any competent court thereon to pass a Final Decree in os l4g2 of 19g4 in terms of the aforesaid understanding between the parties herein so far as the parties herein are concerned. SCHEDULE lll lf'g!Aa_! pgqlng H.No.1-5-6/34 bearins pTtrrr No.1090122626 in Grounci flooi (Northerii sidE)-measuring 1Oaa iq.ft., printh area in sri Krishna Apartments, sri Krishna corony, Musheerabad, Hyderabad constructeo on tioi Nos.33, 34 & 35 admeasuring 808.s9 sq.yards within the foilowing u*na"ri.., NORTH EAST SOUTH WEST Open area Open passage & compound wall FIat bearing PTlN.No. 1 09013262s Open passage & compound wall All that land in Plot No.34 measuring 300 sq.yards in sy.Nos.2, 3 & 4 situated in 9ri Krishna, Colony,Musheerabad,i.lyderabad, except the other constructions I flats on prot Nos.33, 34 & 3s, one flat in Ground Floor (southern side with printh area ot 1044 sq.ft.,) within tne tottowing boundaries: A) B) NORTH : EAST : SOUTH : WEST : Piot Nc;.35 Neighhrours property PIot Ne.33 & road GHMC park IN WITNESS WHEREOF. the has signed this deed on _ presence of the following witnesses. PARTY OF FIRST PART AND PARry OF SECOND PART of IjC!.'EMBER,2024 at HYDERABAD INDIA, iN th PARTY OF FIRST PART PARTY OF SECOND PAR.T WITNESSES 1) 2) Geeth \