The High Court · 2025
Case Details
Acts & Sections
1. The State of Telangana, Through Banjara Hills Police, Represented through its Public Prosecutor, High Court for the State of Telangana, at Hyderabad. 2. Ayesha Fatima, Wb. MoM. Shoaib, D/o. Late Mohammed Babu, Aged 21 Years, Occ. Household, R/o. H.No.6-1 -83412, J agi darbanda. Khairtabad, Hyderabad, Telangana - 500 004. ...Respondents/Defacto Cornplainant 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 call for the records in FIR No. 61 of 2025 dated 25 01.2025 on the fale of the Banjara Hills Pollce Station, Hyderabad. l.A. NO: 2OF 2025 Petition uMer 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 fur{her proceedings with respect to FIR No. 61 of 2025 dated 25.01 .2025 on the file of the Banjara Hills Police Station, Hyderabad, pending disposal of the above Criminal Petition. r.A. NO: 3 0F 2025 Petition under Section 359 (6) Rn f 528 of BNSS praying that in the circumstancesStatedintheMemoraMumofGroundsofCriminalPetition,the High Court may be pleased to compound the offence and qr'rash the FIR No 61 of 2025 dated 25 01.2025 on the file of the Banjara tlills Police station' Hyderabad against the Petitioner' r.A. NO: 40F 2025 Between: Avesha Fatima, W/o. Mohd. Shoaib, D/o' Late Mohammed liabu' Aged 21 Years' a;:'i";;;il"t nrc i i'io -o-"i -65+7,'tig iraaroanda Kha irl aba d' Hvderabad' Telangana - 500 004 ...Petitioner/l)efacto Complaina nt ANO 1 2 The State of Telangana' Through Banjara Hills Police' Fepresented through ii.T,;di;pr";;tri3i Hl'sh c"iitt tot tie State of relangrrna ' at Hvderabad Mohd Shoaib, S/o. Mohd. Khaleel, Aged 22Years' Occ Cook' R/o H No 8-2- ibiiali'rinri; GgJr., Fi'st [ancbi'"aanlara Hills, Hvierabad' relansana - 500 034. ..'R':sPondents/Accused petition under Section 359(2) RM/ 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition' the High Court may' be pleased to permit to compound the offerrce and quash FIR in view of the compromise between the parties and therefore quash the FIR No 61 file of the Banjara Hills Police Station' of 2025 dated 25 01 2025 on the Hyderabad aga inst the Petitioner' This Petition comlng on for hearing, upon perusing the Memorandum of Grounds of crrminal Petition and upon hearing th'a arguments of Mr. Mettu Niranjan Reddy, Advocate for the Petitioner and the Mr' Jithender Rao Veeramalla. Additronal Public Prosecutor on behalf of the Iiespondent No' 1 and of None appeared for the Respondent No 2' The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l-A.Nos. 3 AND 4 OF 2025 ln/And CR!M INAL PETITION No.6235 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagaik Suraksha Sanhita, 2023 (for short 'the BNSS')' seek jrlU quashnrent of the proceedings against the petitioner in Crime No. 61 of 2025 ot Banjara Hills Police Station, Hyderabad.
2. The petitioner is the sole accused in the Crime registered for the offences punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'), Section 5 read with Section 6 of the Protection Of Children from Sexual Offences Ac|2012 (for short 'POCSO Act'). 3 Heard Mr. Mettu Niranjan Reddy, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State aM Mr. Neerati Ranjith Kumar, learned counsel for respondent No.2/de facfo complainant-
4. Pending this petition, the parties have entered into the comprornrse and, accordingly, they moved l.A.Nos. 3 aM 4 of 2O25 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioner/actused in Crime No. 61 of 2025 :-- .,,i'.. 2 l! :rlP 2025 \' ... HIGH COURT DATED:26/06/2025 COMMON ORDER l.A. Nos. 3 and 4 of 2025 IN'AND CRIMINAL PET ITION NO: 6235 OF 2025 ALLOWING THE I.A. NOS. 3 AND 4 OF 2025 AND CRIMINAL PETITION dRek I fth" IN THB HIGII COURT FOR THE STATE OF TELANGANA ATHYDERABAD cRL.p. No. 6atf oF 2o2s BETWEEN: Mohd. Shoaib, S/o. Mohd. Khaleel, Aged,22 Years, Occ: Cook, R/o. H.No.8-2-704l4i l, Khaja Nagar, First lancer, Banjara Hills, Hyderabad, Telangana - 500 034. AND The State of Telangana Tfuough Banjara Hills police, Represented tfuough its public prosecutor, High Court lor the State of Telangana at Hyderabad.
2. Ayesha Fatima, Wo. Mohd. Shoaib. D/o. Late Mohamrned Bahu, Aged 2 I Years, Occ: Household, R/o. H.No.6- I -834i2, Jagir<iarbanda, Khairtabad, Hyderabad. Telangana _ 500 004. .... Petitioner /Accused . .. Respondenb/ Defacto Complainant JOINT MEMO I It is subnritted rhat the above criminal petition is filed under Section 52g of B.N S.S praying for quashing of the FIR No. 6l of 2025 dated 25.01.2025 on the file of the Banjara Hi,s potice station, Hyderabad for the offences U/s. 69 olB.N.S and Section -s & 6 of pOCSO Act,20l2.
2. It is submitted that pursuant to the frling of the Complaint and of FlR, rhe petitioner and ttre Respondent No. 2/ Defacto registration Complainant got rnarried on 3 I .01.2025 and post_ marriage, the Petitioner and the Cornplainant cohabited as husband and wife, and out of the wedlock, a baby '"vas also bom recently th€ Petitioner and the Respondent -........-.----. -fherefore, +u8eh0t/ No.2/ Defacto Complainant have agreed among themselvt:s to resolve all the disputes and withdraw all allegations including the ,:rinrinal proceedings initiated by the Respondent No. 2/ Defacto Complainant. In view of the same, the Respondent No.2/ Detar:to Complainant is
3. intending to withdraw the complaint filed by her which rvas registered as FIR No. 6l of 2025 dated 25.01.2025 on the file of the Banjar:r )lills Police Station, Hyderabad. This Hon'ble Court may be pleased to quaslr the FIR No.61 of 2025 dated 25.01.2025 on the file of the Banjara llills Police Station, Hyderabad for the offences U/s. 69 of B.N.S and Section 5 & 6 of POCSO Act, 2012 against the Petitioner as compounded. It is respectfully subrnitted that, the Petitioner and the Respondent No.
4. 2/ Defacto Cornplainant both herein agreed to settle the clisputes among the pafties inter se and shall not raise any further disputes in frrflherance of the FIR No. 6l of 2025 dated 25.01.2025 on the file of the Banjara Hiils Police Station, Hyderabad lbr the offences U/s. 69 of B.N.S and Section 5 & ti of POCSO Act, 2012 arrd agreed to withdraw any allegations rnade against each other unconditionally. All the disputes betu,een the partics stanrls finally resolved and there is no ill will or cornplaint against each other in ar v rrranner. It is further subrnitted that the parties with their mutual consent and free
5. will without any pressure, force. coercion or undue influ:nc: from any side, have agreed to end all their disputes fully and to Iive peacelirllv.
6. Since the Respondent No. 2/ Defacto Corripla narLt is willing to withdraw the allegations against the Petitioner/ Accus,:d. in view of the compromise., the FIR No. 6l ol 2025 dated 25.01.2025 ,-rr the file of the Banjara Hills Police Station, Hyderabad for the offences LI r;. 69 of B.N.S and Section 5 & 6 of POCSO Act, 201 2 is liable to be quashed to meet the ends of justice kgesna l I I : I I I I I I '. I J It is therefore prayed that this Hon,ble Court may be pleased to quash the FIR No. 6l of 2025 dated25.0r-2025 on the file of the Banjara Hills police station, Hyderabad against the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Petitioner Mohd. Shoaib *geshor Respondent No.2/ Ddacto Complainant Ayesha Fatima CO SEL OR PETITIONER COUNSEL F l-l dn RESPONDENT NO.2