The High Court · 2025

2. Smt. Fatima Hussain Bawazir, W/o lm n bin Mohammed Yamani, Aged. 32 years, Occ. Housewife, Ri/o.H.No. 18-1 Hyderabad 'l -380 Chandrayangutta Barkas, ...Respondents Petition under Section 528 of BNS stated in the Memorandum of Grounds of be pleased to quash the proceedings in C file of XV Additional Chief Metropolitan petitioners in the interest of justice. praying that in the circumstances riminal Petition, the High Court may C No.12005 ot 2021 pending on the Magistrate, Hyderabad against the l.A. NO: 2OF 2025 Petition under Section 528 of BN S praying that in the circumstances riminal Petition, the High Court may cluding the arrest of the petitioners in the XV Additional Chief Metropolitan stated in the Memorandum of Grounds of be pleased to stay all further proceedings i C.0 No. 1200512021 pending on the file o Magistrate, Hyderabad. l.A. NO: 3OF 2025 Between: Smt. Fatima Hussain Bawazir, Wo lmran bin fi/ohammed Yamani, Aged.32 years, Occ. Housewife, Rl/o.H.No. 18-1 1-380 Chandrayangutta Barkas, Hyderabad ...Petitioneri Respondent No.2 in I.A.Nos.3 and 4 ol 2025 AND '1 . The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad.

2. lmran Bin Mohammed Yamani @ Omran Bin Mohd Yamani S/o. Late Mohammed Bin Ahmed Yamani, Aged 37 years, Occ. Private Employee, R:/o. 1 B-1 3-6/N/29, Hashamabad Chandrayangutta Hyderabad

3. Sayeeda Begum, W/o. Latelr/ohammed Bin Ahmed Yamani, Aged 55 years, Occ. Private Employee, R/o. 18-'l 3-6/N/29, Hashamabad Chandrayangutta Hyderabad ..Respondents/Accused No.1 to 3 in l.A.Nos.3 and 4 ol 2025 Petition under Section 359 (6) of BNSS praying that in the circumstances stated in the l/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner/ respondent No.2 to compromise the case in C.C.No.12005 of 2021 pending on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad. l.A. NO: 4 OF 2025 Petition under Section 359 (2) of BNSS praying that in the circumstances stated in the [\,temorandum of Grounds of Criminal Petition. the High Court may be pleased to record the compromise of petitioner/ respondent No.2 and the accused person in C.C No. 12005 of 2021 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohammad Nabeel Ali, Advocate for the Petitioners and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.'1 and of Sri Syed Razzaq Ahmed, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTI E N.TUKARAMJI l.A.Nos.3 AND 4 O 2025 ln/And CRIMINAL PETITION No. 0410F 2025 COMMON ORDER This Criminal Petition is filed und r Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for s ort 'BNSS, 2023'), seeking quashment of the proceedings against the etitioners in C.C.No.12005 of 2021 , on the file of the learned XV dditional Chief Metropolitan Magistrate, Hyderabad.

2. The petitioners afe arrayed asa cused Nos.1 and 2 in the Calendar Case registered for the offences unishable under Section 498- A, 406, 506 of the lndian Penal Code, 186 and Sections 4 and 6 of the Dowry Prohibition Act, 1961

3. Heard l\/r.lvlohammed Nabeel Ali learned counsel for the petitioners, Mr.Jithender Rao Veeramall learned Additional Public Prosecutor, representing the respondent N 1-State and Mr.Syed Razzaq Ahmed, learned counsel for respondent No I de-facto complainant.

4. Pending this petition, the parties hav entered into the comPromise and, accordingly, they moved l.A.Nos.3 an 4 of 2025 with the Prayer to permit them to enter into compromise and by recording the settlement to 2 Nl1 /. ,l.Na,,.J a 1 o1 2025 in/ anl Cr,'.P.ixro. 7011 of 2025 quash the proceedings against the petitioners/accused Nos.1 and 2 in C.C.No.120057 of 2021

5. This Court vide otdet daled 12.06.2025 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 17.06.2025 stating that except petitioner No.1, all the parties were identified by their respective counsel and also submitted a report dated 07 .07.2025 stating that petitioner No'1 was identified by his respective counsel and also on verification of Aadhar Cardsildentity Cards and the enquiries revealed that the parties have willfully and without coercion entered into settlemenuco mprom 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. Sfate of Pynjab and anotherl and Anil Mishra v. Stafe of ll.P.2; Sfafe of | 2012 (1o) scc 303 'z zo24 INSC 189 'J5a;' 3 N]-R,/ LA.Nat.J andI of 202i u/ ad (.rl.P.No. 7Ul of 2025 Madhya Pradesh v. Laxmi NaraYan an others3, this Court is of the considered view that quashment of the im ugned proceedings in view of the settlement by exercising jurisdiction un er Section 482 Cr.P.C.l528 o'f BNSS, 2023, would be in the interest of just B. Accordingly, l.A.Nos.3 and 4 ot 202 are allowed. Consequently, all proceedings in C.C.No.12005 of 2021 pending on the file of the learned XV Additional Chief I/etropolitan Magistrate, Hyderabad, are hereby quashed against the petitioners/acc sed Nos.1 and 2.

9. ln the above terms, the Criminal Petit on is disposed of Pending miscellaneous applications, any, shall stand clqs_ed. Sd/. K. SREE RAMA MURTHY D UTY REGISTRAR /iTRUE CO ECTION OFFICER To, The XV Additional Chief Metropolitan The Station House Officer, Women Poli Hyderabad. Two CCs to the Public Prosecutor, High Hvderabad [OUT] Ohe CC to Sri lVtohammad Nabeel Ali, One CC to Sri Syed Razzaq Ahmed, Two CD Copies 1 2 3 4 5 6 a gistrate, Hyderabad. Station Charminar South Zone, Court for the State of Telangana at dvocate [OPUC] vocate [OPUC] NVBA<am (Joint Memo is enclosed herewith) 3 2019 (s) scc 688 HIGH COURT DATED:1810712025 q o o 12 rtlE 2U6 i Dli.g r, .. t--2- I COMMON ORDER l.A.No.3 AND 4 of 2025 ln/And CRLP.No.7O41 of 2025 r;:i DISPOSING THE CRLP AND ALLOWING THE l.A.Nos.3&4OF2025 t2 HIGH COURT FOR THE STATE OF ELANGANA AT ITYDERABAD I.A. No CRL. P. No 7 .r'lN,ry IN oF 2025 oF 2025 CC.No. 12005 (on the file of Honble XV Addl Chief Me oF 2021 opolitan Magrstrate, Hyderabad) Petitioner/ Respondent No.2 Between: Smt. Fatima Hussain Bawazir W/o Imran bin Mohammed Yarnanr, Aged )>years, Occ: Houseu,ife, R/o. H.No. 18- 1 1-38O Chandrayang Barkas, Hyderabad AND

1. The State of Telangana, Rep. by its Public Prosecutor, High court of Telangana, Hyderabad. 2 ll:":ran Bin Mohammed Yamani S/o. Late Mohammed Yamani. Aged 37 years, Occ: Private Employ R/o. 18 13-6 /N 129, Hashamabad Chandrayangutta Ilyderabacl

3. Sayeeda Begum W/o Late Nlohamm Aged 55 years, Occ: Private Employce R/o. 18-13 6lNl29, Hashamabad ChandrayangutLa Hyderabad d Yamani, ...Respondents JOINT EMO f . it is submitted that the Petiti ner/Respondent No.2 lodged a complaint with the police WPS, South one, Hyderabad basing on which a case in Cr. No. I88/2021 was registc d for the offence U/s. 498 A,406, ,( q:4 t.l 506 of IPC Respondents and Sec. 4 anrl 6 ol Dour1. prohibition Act against.the // Accu sed No. 1 & 2 .2. k is submitted that ciuring thc pendcncy of the above cascs. on the interwention of elders ancl rvell_r,r,islrcrs the rnatter has been compromis.cl between the petitioner/ Respo nden t No.2 ancl the Accnsccl No.1 ancl botl.r came to a conclusion to get separatc from eacl_r othi:r by u,av of Khuia divorce, sullsequently the Accuscd No. 1 shall accepL -l-re same before thc Qazi, accordingll, a Memorandum of Understanding has been execll ted on 02.06.2025.

3. It is further submitted thaL as 1;er the clause \lo..l of Memorarndunt of Understancling, dated: 02.OS.2O2S, the petitionerT Responricnt No.2 agreed that she will withdraw all thc cases which rvere fllecl :rgainst thc Accused persons by filing withdrav;al petition morc partrcnlarly CC.No. 12005 OF 2021 on the file of Honble XV Addl Chief lVIe tropolitiLn Ma€listrale, Hyclerabad.

4. Th:rt, in view of the compronrse, the petitionel Respondent No.2 does not rvalt to proceed with ttre criminal case in CC_No. I 2OO5 OF 2021 on the filr: of Honble XV Addl Chief Metropolitan Maglstrate, Hyclerabad against the Accused No. 1 & 2 Therefore it is prayed th:rt this Hon,brc court mav be preascd to 2 and the Re sponden ts/ Accu sed permit thr: petitioner/ Respondent No J // r d .^-u--t l4 No.1 & 2 to compromise thc casc in CC No. 12005 OF 2O2l on the fite ol Honble XV Addl Chief Metropolitan gisLrate, and to pass such other order or orders as this Hon'ble court m y be deems fit and proper in the circumstances o[ the case. 1 2 ,l,zr o/'-<--o Signature of A-No. 1 & 2 Counsel r A.No.1 & 2 HYDERABAD Dated -o6-2025 1 d Signature of R No.2 /-*A/ e ourrs6l fol R -No 2