The High Court · 2025

...RespondenUDe-facto 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 Judgment dated 06-12-2024 passed in SC No 70 of 2021 on the file of Assistant Sessions Judge, Nirmal, in the interest of justice. l.A. NO: 2OF 2025 Between: Choppari Sainath, S/o Narsimhulu, Aged about 33 years, Occ. Business R/o Rajeev Nagar, Bharnsa Town and Mandal, Nirmal District, Telangana State ...Petitioners/Respondent No.2 AND

1. Shaik Salman. S/o Shaik Nazeer, Aged about 20 years, Occ. Business, R/o H.No-4-3-1-1/b123, Akbar Baba Nagar, Bhainsa, Nirmal District, Telangana State

2. Bablu @ Shaik Fareed, S/o Shaik Yousuf, Aged about 33 years, Occ. Labour. R/o Owaisinagar, Bhainsa, Nirmal District, Telangana State

3. The State of Telangana, Rep by the Public Prosecutor, High Court at Hyderabad. ...RespondenURespondent No. 1 ...Petitioners/Accused No.1 & 2 2 N'/",/ l. L.\,tt.2a )o[2025 in/ ard t .r,/.1' Na 6177 o./ 2025

5. This Court vide otder dated 09.06.2025 referrerd 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 16 06 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 settlemenVcompromise.

6. I have considered the submissions of the lea rned counsel and perused the materials on record 7 . The accusations against the petitioners in the Police Report are that on 29.04.2019 at about 9.40 hours, near GDR Chowrasta, Bhainsa Town, while respondent No.2/de facto complainant grroceedrng on his motor cycle, the petitioners/accused Nos.1 and 2 u,ere following the vehicle of respondent No.2 in a Baiq Pulser Motor (lycle as rider and pillion rider respectively, on the way, respondent No.2 turning the bike at GDR Chowrasta, accused No.2 threw empty glass botlle on the head of respondent No.2, but respondent No.2 envisioned due to alertness and escaped. Having considered the allegations, the nirture of charged offence and taking into account the amicable settlerrent between the parties and to restore peace among them, in the light of the dictumq in ( ( 3 A',rR./

1.,,1.N0s. 2 and ) oi 2025 in/and Crt.P.No. 6177 of 2025 Gian Singh v- State of Puniab and anothert and Anil Mishra v' State of u.P.2l State of Madhya Pradesh v' Laxmi Narayan and ofhers3' 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-1528 of BNSS' 2023' would be in the interest of justice.

8. Accordingly, lA-Nos 2 and 3 of 2025 are allowed' Consequently' all proceedings in S.C. No 70 of 2021 on the file of the learned Assistant Sessions Judge, Nirmal, are hereby quashed against the petitioners/accused Nos l and 2 9 Resultantly, the Criminal Petition is allowed' Pending miscellaneous applications, if any' shall stand closed L4otZ tro)Scc 'zo2+ xNsc 32otq (F) scc 3P3 LAg 684 //TRUE COPY// SD/- U.SUDHA ISTANT REGISTRAR SECTION OFFICER To,

1. The Assistant Sessions Judge, Nirmal 2. The Station House Officer, Bhainsa Town Police Station, Nirmal Distlict. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to M/s, M.A.K. Mukheed, Advocate IOPUCI 5. One CC to Sri Sarwath Mehdi Khan, Advocate [OPUC] 6. Two CD Copies (Along with a Copy of Joint Memo of Compromise) I +* Kam/gh ,,i: /1...,, .l : ,.. i1,,. 2 3 titp zffi 'l--.:-:. .-.: ) ,l// '':")--'' HIGH COURT DATED:2310612025 COMMON ORDER !.A.Nos.2 and 3 ot ZAZi ln/and CRLP.No.6477 of 2025 ALLOWING BOTH I.As AND CRIMINAL PETITTON \r( \ @A IN THE HIGH COURT i?H1HIfi"E OF TELANGANA AT I.A.No CRL.P.No' IN oF 2025 oF 2025 BETWE EN: 1 2 1 2 sh aik Salman t ^*"f 1,".1-'.:I",ff#:'i",15lj-?:i'=Tffi"' {: :n*.|lffi""',:" "", Bablu @ Shaik Fareed^S/o Shaik-Yousuf' "1*;'#::1"';#]t";f,l!; rllangana State l-'?:'xl i o i' u i''l' ...,.petitioners/ Accused' No 1 & 2 AND i:itt'*iriH-#fu"'' ffiffi*$i=#-lIdggi lx c.mp a nan, INT MEMo JO I rt is submitted that Respondent No.2 lodged a compraint dated 29 'O4 '2019 before Bhainsa Town Poiice Stadon' Nirmal, with al allegation that unknown persons thrown the empty whisky bottle tow'ards the Respondent No'2 while riding on ttre bike' whereas Police registered a case vide FIR No'87/2019 dated29 O4'2O19 U/s'307 R/w 34 IPC and subsequently filed Charge Sheet vitle SC'No'7O * ( AFee D I I I I I i I i tu# w of 2021 on the file of Assistant Sessions .tudge, Nirmal, against the Petitioners arrd shown tl:em as Accused No.1 &2.

2. It is submitted that the trial has been comcleted and the trial Court has convicted the petitioners w-ithout going into the merits of the case vide its Order dated 06.12.2024 in SC.No.70 of 2O2l to undr:rgo Rigorous Imprisonment for a period of S years ancl also to pay a fine of Rs.3,000/-, wherein the Petitioners have preferred Appeal vide CRLA.No.3Ol2022 on the file: of Assistant Sessions Judge, Nirmal and the same js; pending for adjudication. 3 It is submitted that during the pendencl, of the above Appeal, both the parties decided to conrpromise the matter, as the Respondent No.2 reaJtzed attd decided to compromise. 4 It is submitted that due to intervention of elclers and well wishers the matter has been setfled amicabl.r betrveen the parties, as such it is just and necessary to quash the above case and to record the compromir;e statement between the Petitioners and Respondent trlo 2 ^[ f4Ree2 p.EF It is therefore prayed that this Hon'ble Court may be pleased to record the compromise statement and Quash ttre proceedings against the Petitioners/Accused No.1 & 2 in SC.No.7O of 2O2l on the file of Assistant Sessions Judge, Nirmal, in the interest of justice and pass such other order or orders may deem ht and proper in the circumstances of tJ.e case. Hence, this Joint Memo. Pe tlon o. 1 f AReGP PJtitioner No-2 SE r e Res No.2 aoarrr"a, # Respondent No.2 HYDERABAD DATE. 07.04.2025