The High Court · 2025
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c c.No. 1800s29/2016 on the fire of on the fire of the xv[ Addr. chief Metroporitan Magistrate, Nmaplly, Hyderabad pending disposat of the main Crl.p. l.A. NO: 2 O F 2021 Between:
1. Shaik Muneer (died) 2. Shaik Mohammed Faisal, S/o. Late Shaik Muneer, Age Major, Occ. Business, 3. Shaik Faiyaz, S/o. Late Shaik Muneer, Occ. Business, Age Major, R/o. H.No. Rr/o H.No. 12-2336t6, Naurao r.rigir, t_ift;#;;',' 12-233618, Murad Nagar, HVOeiJUJJ ' ...petitioner / Respondent No. 2 to 4 inl.A.No.2&3oi2O24 AND 1 Syed Nizamuddin @ Faisal Ah.1..9,. S/o. Late Minhajuddin, Age 30 years, occ- Business, I0 H-No. s_q_tCiis1Ji,- ibrrb;si, i;;,chowki, Hyderabad ..Respondent / petitioner in l.A.No.2 & 3 ot 2O24 2 The State of Telanoana. Rep. by its public prosecutor, High Court of Judicature, at Hyddrabad ...Res-pondent / Respondent in t.A.No.2&3ot2021 Petition under Section 320 (6) r/w 482 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be preased to permit the petitioners/R-3 g6 4 to compound the offences against the petitioner/Accused-2 and quash the proceedings in c.c.No. 1800529 0f 2016 0n the fire of on the fire of the XV, Addr. chief Metroporitan Magistrate at Nampally, Hyderabad for the offences u/s 323, 341 , 352,384, 406, 426, 447, 448, 452, 506 tPC. l.A. NO:3 oF 2021 Petition under section 320 (6) rrw 482 0f cr.p.c. praying that in the circumstances stated in the [\iremorandum of Grounds of criminar petition, the High court may be preased to record the compromise- and quash the c.c.No. raooszs of 2016 0n the fire of on the fire of the xv, Addr. chief Metroporitan Magistrate at ': I ( t I I Nampally, Hyderabad for the offences u/s 323, 341,352,384, 406, 426 ' 447' 448' 452,5061PC in the interest of justice. ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of criminal Petition and upon hearing the arguments of Sri L Ram Singh, Advocate for the Petitioner and the Additional Public Prosecttor on behalf of the RespondentNo.landofSrisyedArifAli,AdvocatefortheRespondentNo'2&3' The Court made the following Common Order : .a: t. i: i, .;: ; .t THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY IA.Nos.2 a d3 IN/AND IM ALP N 7 o21 COMMON ORDER: The criminal petition is filed seeking quashment of the charge sheet in CC.No.1800529 of 2016 (CC.No.529 of 2016) on the fite of the XVII Additional Chief Metropolitan, Nampally, Hyderabad.
2. Learned counsel for the petitioner submitted that the petitioner is the tenant of the respondents No.3 and 4 and the petitioner has vacated the tenanted premises and handed over physical possession to the respondents No.3 and 4. During the pendency of the present criminar petition, the parties have entered into compromise. The respondents No.3 and 4 have filed IA.No.2 of 2021 seeking permission of this court to compound the ,ffences against the petition er-Accused No.2. They have also submitted a Memorandum of Understanding dated 26.07 .2027 through iA. No.3 of 2021. The terms of the compromise are as under:
1. That the party of the second part has handover th,-. vacant physical possession of the above said property t() the party No.2 and 3 of the part of the first part.
2. That the party of the second part has paid the entire arrears of rents, etc., in respect of the above sal(, property. 2
3. That in lieu of the memorandum of understanding the party No.2 and 3 of the party of the first part' has enter into compromise with the party of the second part and shall withdraw the criminal complaint bearing cc.No.52912016, on the file of xvIII Addl' chief Metropolitan Magistrate, Hyderabad, by approaching Hon'ble High Court for the State of Telangana at Hyderabad by filing quash petition or other remedies as available under Law.
4. That both the parties shall not claim against eacti other manner in future, in respect of the schedule rn any property
3. Learned counsel for the petitioner submitted that as per the termsofthememorandumofunderstandingdated26'07'2O2L' the respondents No.3 and 4 have agreed to withdraw the proceedings in CC.No'529 of 2016 and accordinglY, sought for quashment of the proceedings in CC'No'529 of 2Ot6' Pursuant to the order dated 26'12'2024 passed by this Court' 4. the Secretary, High Court Legal Services Committee' vlde proceedings dated 27 'L2 '2024 submitted that he has verified the particulars of the petitioner-Accused No'2 and the respondents No'3 and 4, who are sons of the deceased complainant and all the parties were duly identified and their Aadhar cards/PAN card' enclosed, have been duly endorsed by their respective counsel' ItisalsoStatedthatthepartieshaveenteredintocompromise willfully and without any coercion' 3
5. In view of the above, the terms of compromise are taken on record and accordingry, IA.Nos.2 and 3 0f 2o2L areorderecj and the criminal petition is allowed and the proceedings in CC.No.1800529 of 2076 (CC.No.529 of 2Ot6) on the file of the XVII Additional Chief Metropolitan Judge, Nampally, Hyderabad, are hereby quashed. The miscellaneous applications. if any pending, shall stand closed. There shall be no order as to costs. //TRUE COPY// Sd/. K. AMMAJI ASSISTANT REGISTRAR \ SECTION OFFICER
1. The XVll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad 2. The Station House Officer, Golconda PS, Hyderabad District 3. Two CCs to the Public Prosecutor, High Court for the State of 1'elangana, Hyderabad [OUT]
4. One CC to Sri L Ram Singh, Advocate [OPUC] 5. One CC to Sri Syed Arif Ali, Advocate [OPUC] 6. Two CD Copies To, I Along with the Copy of the Joint Memo of Compromise ] VA/DL HIGH COURT DATED:0310112025 COMMON ORDER l.A. Nos. 2 and 3 of 2021 in / and CRLP.No.6397 of 2021 ( o 1HE :; T4 I4: d( 0 E Jiri 2il5 Ia n * S,r., * (C ALLOWING THE CRLP AND l.A. Nos. 2 and 3 ot 2021 t 7,c,2> / 3/ l8 MEMORANDUM OF' CRIMINAL MISC. PETITION (UNDER SECTION 320 (6) R/w 482 of Cr' P' C)-. IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA A I.A..No. 3 IN Crt.P.No.@yf 2021 of 2021 - " Between: 1. Shaik Muneer (died) Shaik Mohammed Faisa,l, S/o Late Shaik Muneer Age Major, Occ: Business njo H.No.- t2'2336/6, Murad Nagar, Hyderabad' Shaik FaiYaz S/o late Shaik Muneer, Age Major, R/o H.No. 12-233618' Murad Nagar, HYderabad. - ; .. . ..Petitioner / Respondent No'2 to 4 o J AND
1. Syed Nizamuddin @ Faisal Ahmed S/o Late Minhajuddin, age 30 Years, Occ: Business, R/o H.No. 9-4-l3ll9lll, Akbarbagh, Towlichowki, Hyderabad' '
2. The State of rera,garra Rep. by its Public Prosecutor, Uiltr iourt ofJudicature, at Hyderabad' "Respondent /Petitioner ... ResPondent/ ResPondent JOI]{TMEMO z-./.,..---.-- It is submitted that the petitioner/defacato complainant nadanic{Ary setti-ed t}re dispfi--te at the interfention of elders' lwisher6- and the matter has been friends and wefl compromised between them' Hence the both parties came to compromise and the parties of have no claims or rights against each other in the fuhrre' Pet / Res-2 Itq h.Ac {s\r.'t'( \ c+.s"! Pet / Res- Qy 'g"anl Counsel tioner/R-2 -8":*H:,.::'".