The High Court · 2025

'1. The state of Telangana, Rep by public prosecutor, High Court of T.S., Hyderabad. ...RespondenUComplainant

2. Asma Begum, D/o Mohammed Hussain, Age. 29 Years, Occ. House Hold, R/o. H.No. 194-2791C1144, Nawab saheb Kunta, Jahanuma, Charminar, Hyderabad, T.G. Aadhar No7527 43487113. ...RespondenU Defacto-complainant 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 C,C.No,312B of 2023 on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad. l.A. NO: 1OF 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 grant stay of all further proceedings in C.C No. 3128 of 2023 on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad pending disposal of the criminal petition. l.A. NO: 2 OF 2025 BETWEEN: Asma Begum, D/o Mohammed Hussain, Age.29 Years, Occ. House Hold, R/o. H.No. 19-4-2791C1144, Nawab saheb Kunta, Jahanuma, Charminar, Hyderabad, T.G. Aadhar No7527 43487113. ...Petitioner/Respondent No.2 in lA.Nos. 2 & 3 ot 2025 AND

1. Syed Parvaiz, S/o. Late Syed Ahmed , Age. 35 Years, Occ. Business, Rio. 19-2-2113141N2/1 , Basharal. Nager, Bahadurpura, Hyderabad, T.G. (Aadhar No. 9845 0889 3372)

2. Kaleema Begum, W/o Mohammed Ahmed, Age. 51 Years, Occ. House Hold, Rlo. 19-2-21l3l4lN2l1 . Bas.harat Nager, Bahadurpura, Hyderabad, T.G. (Aadhar No 7026 32547608)

3. Syed Younus Ali, S/o. Late Syed Lateef Ali, Age.51 Years, Occ. Private Service, Rlo. 19-2-211231541N3711, Tadban, Hyderabad, T.G. (Aadhar No. 7990 8716 6821)

4. Hlra Begum, Wo.Syed Yousuf Ali Age. 26 Years, Occ. house Holo', R/o. l9- 2-21 1231 541 N 37 1 1, T adban, Hyderabad, T. G. (Aadhar No. 8852 6923 7 7 17 ) ...Respondents/Petitioners in lA.Nos. 2 & 3 of 2025 5 The state of Telangana, Rep by public prosecutor, High Court of T.S., Hyderabad. ...Respondent in lA.Nos. 2 & 3 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 petitioner to file compromise petition for the offence under section 3 and 4 of D.P. act and to quash the proceedings in C.C. No. 3128 oI 2023 on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad, in the interest of justice. LA. NO: 3 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 for the offence under section 3 and 4 of D.P. act and to quash the proceedings in C-C. No. 3128 of 2023 on the file of XV Additional Chief Metropolitan Magistrate at 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 Shaik Saifullah, Advocate for the Petitioners and the Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and Mohd Rizwan, 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.5914 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 proceedings against the petitioners in C.C.No.3'128 of 2023, on the file of the learned XV Additional Chief Metropolitan Magistrate at Hyderabad.

2. The petitioners are arrayed as accused Nos.1 to 4 in the Calendar Case registered for the offences punishable under Sections 498-4, 406 and 506 of the lndian Penal Code, 1860 and Sections 4 and 6 of the Dowry Prohibition Act, 1961

3. Heard Mr.Shaik Saifullah, learned counsbl for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Mr.Mohd.Rizwan, learned counsel for responden I No.2l de-f a cto complai nant.

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 settlemenlto" 2 Nll{./ Itl.No:.2 ard ) o[2025 in/awl Cr/.P.No.i9t1of 202 i quash the proceedings against the petitioners/accused Nos.1 to 4 in C.C.No.3128 o12023.

5. This Court vide order dated 29.04.2025 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 02.05.2025 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 willfuily and without coercion entered into settlemenUcomprom ise.

6. I have considered the submissions of the learned counsel and perused the materials on record

7. Having considered the allegations, the charged offences, which are essentially matrimonial and inter-personal in nature and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and anotherl and Anil Mishra y. State of U.P.2; 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 , 2012 (10) SCc 303 ' 2024 INSc 189 I zors 1s; scc oae 3 Arr&/ IA.Noi.2 and J oJ2025 in/and Crl.P.No.5911of 2025 the settlement by exercising jurisdiction under Section 482 Cr.P.C.1528 o'f 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 C.C.No.312B of 2023, oo the file of the learned XV Additional Chief Metropolitan Magistrate at Hyderabad, are hereby quashed against the petitioners/accused Nos.1 to 4.

9. ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/- MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER To,

1. The Xl Additional Chief Metropolitan Magistrate at Hyderabad City - i. iii;'Si"t'on Hor." OniceiWF$Sortn zdne (Hydera6a-d), Hyderabad Distrcit 5. i;; -cE; t" in. pruri" Prosecutor, High couh ior the State of Telangana at 4 oi]; cc to Sri sh;ik saifullah. Advocate [oPU-c] 5. One CC to Sri Mohd. Rizwan Advocate [OPUC] 6. Two CD CoPies Hvderabad IOUTI NVB/gh V HIGH COURT DATED:1 110612025 J -) .) 0 5 JlJt 2tE t oFs PAT Cuf-o I ,.\r C) ] \\ .a COMMON ORDER l.A.Nos.2 and 3 ot 2025 ln/and CRLP.No.5914 ot 2025 DISPOSING OF THE CRLP AND ALLWONG THE lA.Nos.2&3OF2025 fl( t