The High Court · 2025
Case Details
Acts & Sections
The State of Telangana, Through Falaknuma Police Station, Rep. by Public Prosecutor, High Court for the State of Telangana, High Court, Hyderabad.
2. Smt Azizunnisa Begum, Wo Waheed Ali, aged 55 years, Occupation Housewife, R/o Near Mahamooda Hotel, Vattepally, Mailardevpally, Rajendranagar, Hyderabad Now Residing at H.No. 19-5-161812, Bahadurpura, Kishan Bagh Hyderabad. ...RespondenURespondent ...RespondenUDe-Facto Complainant 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 quash the proceedings against petitioner in S.C.No. 662 of 2024 on the file of Special Sessions Judge (FTC for Atrocities against Woman 1) Hyderabad. LA. 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 stay all further proceedings in S.C.No. 662 of 2024 on the file of Special Sessions Judge (FTC for Atrocities against Woman 1) Hyderabad. l.A. NO: 2 OF 2025 BETWEEN: Smt Aziz-unnrsa .QeguI, W/o Waheed Ali, aged 55 years, Occupation Housewife. R/o Near Mahamooda Hotel, Vatepally, Mailardev$ally, Rajendranagar, Hyderabad Now Residing at H.No. 19-S-16t8t2, BJhadurpura, Kishan Bagh Hyderabad. Petitioner/Respondent No.2 in lA.Nos.2 & 3 of 2O2S AND 1 Mr. lvlohammed Amer @.Abdul Fareed, S/o Abdul Shareef, aged 21 years, Occ Carpenter, Rio Mehamood Nagar, Kishan Bagh, *yO"eraOaO,' Now residin.g^al .H No.19-5-32t13tNA, A.B.Nagar, Kishan Bigh, HyOeraOab rulo. H.No.1-8711 , AloorVillage, Chevella, Ranga Reddy Distric'i. ...RespondenUPetitioner/Accused No.1 in lA.Nos.2 & 3 of 2025 2 The State of Telangana, Through Falaknuma police Station, Rep. by public - Prosecutor, High Court for the State of Telangana, High Court, HyOdraOaa ...RespondenURespondent in lA.Nos.2 & 3 of2025 Petition under section 3sg (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/defacto com[lainant to compound/compromise the proceedings in s.c.No. 662 of 2024 on the file of Special Sessions Judge (FTC for Atrocities against Woman 1) Hyderabad. l.A. NO: 3 OF 2025 Petition under section 3sg (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 de-facto complainant and daughter of the complainant and the Accused in s.c.No.662 or zoiq on the file of Special Sessions Judge (FTC for Atrocities against Woman .l) Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the argufients of sri B.Muralidhar, Advocate for the petitioner and the Sri Jithender Rao veeramalla, Additional Public Prosecutor on beharf of the Respondent No..l and of Sri S.Ganesh, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N'TUKARAMJI l.A.Nos. 2 AND 30F 2025 ln/And CRIMIN AL PETITION No . 580{ oF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 o'f Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' 2023')' seeking quashment of the proceedings against the petitioner in S C'No'662 of 2024 onthe file of the learned Special Judge (FTC for Atrocities against Women 1), HYderabad'
2. The petitioner is the sole accused in the Sessions Case registered for the offences punishable under Sections 376(2Xn)' 354-C' 384' 306 read with Section 51 1 of the lndian Penal Code' 1860'
3. Heard Mr.B'Muralidhar, learned counsel for the petitioner' Mr.Jithender Rao Veeramalla' learned Additional Public Prosecutor' representing the respondent No 1-State and ItIr'S Ganesh' Iearned 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 in S'C'No'662 q..t \ 2024 2 l-:1.N0t.2 a ) oJ'2025 in/ dnd L' .P.N0.5801 of 2025 5' This court vide order dared 24.04.2025 referred the parties to the High court Legar services committee for identification and to verify the voluntariness in arriving the setrement. The secretary, High court Legar Services Committee, has submitted report dated Zg.O4.2O2S stating that the parties were identified by their respective counsel and also on verification of Aadhar cards/rdentity cards and the enquiries reveared 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 in the porice Report Iodged by the respondent No.2tde-facto comprainanumother of the victim girr are that the petitioner/accused induced the victim girr on the pretext of Iove and sexua[y exproited her. Having considered the aflegations, the statement in the Joint Affidavit that the petitioner and victim girr got married and riving together and the amicabre setrement between the parties and to restore peace among them, in the light of the dictums in Gian singh v. sfafe of punjab and anotherl and Anir Mishrav. state o.f u.P.2; State of Madhya pradesh v. Laxmi Narayanand others3, this ' 2012 (io) scc 303 ' 2024 INSC 189 3 zors 1s; scc oea ( I t I i I I I I I I i I I I I l I I I I l i l I I I I I i I I I ) N]R,T I.,,LNot.Z anr) ) af 2025 in/ ard Crt.l'.N0 5801 012025 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
8. Accordingly, l'A'Nos2 and 3 of 2025 are allowed' Consequently' all proceedings in S C No 6 62 of 2024 on the file of the learned Special Judge (FTC for Atrocities against Women 1)' Hyderabad' are hereby quashed against the petitioner/accused'
9. ln the above terms, the Criminal Petition is disposed of' Pending miscellaneous applications' if any' shall stand closed' //TRUE COPY/' SD/. V. KAVITHA PUTY REGISTRAR ECTION OFFIGER \../ i[iiyd.$,:!ii':E,Q3.:,liii:"'d:'1il#e'::,r*t':'Eil,ji[?ii+tansanaa'f BXi"5t?3 t?'JLuraridnar' Advocate [oP^U c] ffi & iI 6ii s.cun"th, Advocate [oPUCl Two CD CoPies To,
1. 2 3 4 5 6 NVB/gh HIGH COURT DATED:02105t202s l rtE S14 I€ i:R 1 0 sEP 2025 1 ,.) 1. { /).- ($ 2 :; c. ilu/ COMMON ORDER l.A.Nos.2 and 3 of 2O2S ln/and CRLP.No.5801 ot 2025 DISPOSING OF THE CRLP AND ALLOWING THE lA.Nos.2&3OF2O2S a/ J, ,b /3,/6 ,z: