The High Court · 2025
Case Details
1. The State of Telangana, Rep.by its Public Prosecutor, High Court of Telangana, At Hyderabad. ... Respondent
2. Khaja Bee, Wo. Haji Malang, D/o.Md.Lalu, Aged about 21 years, Occ. House Wife, R/o. H.No .31-14111, Rajev Nagar Colony, Badepally, Jadcherla Town, Mahabubnagar District. ...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 C.C.No.30612025 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Mahabubnagar in the interest of justice. t.A. NO: 2 OF 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 grant stay of all further proceedings C.C No 3OGl2025 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Mahabubnagar pending disposal of the above Crl.P in the interest of Justice. t.A. NO: 3 OF 2025 Between: Khaja Bee, Wo. Haji Malang, D/o.Md.Lalu, Aged about 21 years, Occ. House Wifd, R/o.H.No.31-14111, Rajev Nagar Colony, Badepally, Jadcherla Town, Mahabubnagar District. ..Petitioner/Respondent No.2 in l.A.Nos .3 & 4 OF 2025 ANO 2 Hali Malang, S/o.MD.Dawal, Aged about 25 years, Occ. Auto Driver, R/o. H.No. 1 8-33 -13218F F, EWS Colony, Bandlaguda, Hyderabad. Malan Bee @ Najuk Begum, Wo.Md.Dawal, Aged about 42 years, Occ. Coolie, Rr/o. H No.'1 8-33-1 3218FF, EWS Colony, Bandlaguda, Hyderabad. 3. Hajera Begum, (ln Charge Sheet mentioned as Hajeela, 9Cg-t11) D/6.MD.Dawal, Aged about 19 years, Occ. Student, R/o.H.No.1B-33-'l32lBFF, EWS Colony, Bandlaguda, Hyderabad.
4. Asma Begum, (ln Charge Sheet mentioned as Asma) Wo.Vazeer, Aged -years, Occ. House Wife, R/o.H.No.3-16, Pulusumamidi Village, about 21 Kondurg Mandal, Ranga Reddy District.
5. Syed Vazeer, S/o.Syed Abdula, Aged alout 32 years, Occ Auto Driver, Rio.H.No.3-'16, Pulusumamidi Village, Kondurg Mandal, Ranga Reddy District. ...RespondenUPetitioner in l.A.Nos.3 & 4 OF 2025
6. The State of Telangana, Rep.by its Public Prosecutor, High Court of Telangana, At Hyderabad. ...RespondenURespondent in l.A.Nos.3 & 4 OF 2025 Petition under Section 359(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 parties to compound the offences in C.C.No.306/2025 on the file of the Principal Junior Civil J udge-cum-Judicial Magistrate of First Class, Mahabubnagar in the interest of justice. t.A. NO: 4 OF 2025 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 t- bepleasedtorecordthetermsofcompromisebetweenthepartiesinC'C.No. soatzoas on the file of the Frincipal Junior civil Judge-cum-Judicial Magistrate of First Class, Mahabubnagar in the interest of justice This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Lattupally Anand, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No '1 and of Ms P.Kalpana, Advocate for the Respondent No 2' The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos. 3AND4 o F 2025 ln/And ITION N o.7413 OF 2025 CRIMI NAL PET i COMMO NO RDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' 2023')' seeking quashment of the proceedings against the petitioner/accused Nos l to 5 in c.c.No.306 of 2025, on the file of the Principal Junior civil Judge-cum- Judicial tvlagistrate of First Class' Mahabubnagar'
2. The petitioners are the 'accused Nos'1 to 5 in the Calendar Case registered for the offence punishable under Section 85 of BNS Act'
3.HeardlVlr.L.Anand,learnedcounselforthepetitioners'tvlr'Jithender Rao Veeramalla, learned Additional Public Prosecutor' representing the learned counsel for the respondent No'1-State and Ms'P Kalpana' respondent No.2l de Jacto complainant'
4. Pending this petition' the parties have entered into the compromlse and, accordingly, they moved l'A'Nos'3 and 4 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 Nos l to 5 jn C.C.No.306 of 2025. /- 2 I.,,l.Nor.) and I0.1 202i it/dnl Cr/.P.N0.71/ ) of202i
5. This Court vide order dated 19.06.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving lhe settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 26.06-2025 stating that the parties were identified by their respective counsel and also on verificalion of Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and without coercion entered into settlemenVcompromise.
6. lhave considered tfle submissions of the learned counsel and perused the materials on record
7. Having considered the allegations, the charged offence 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. State of Punjab and anothe/ and Anil Mishra v. State of lJ.P.2; Sfafe of Madhya Pradesh v. Laxmi Narayan and others3, 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.l52B oI BNSS, 2023, would be in the interest of justice. | 2012 (1Ol SCC 303 'r 2024 INSC 189 I2019 (s) scc 688 ---------7 3 \,lR,rr I-.l.lx'ot.i trl-t o1 J02i itr/dnd (.r 1,.Xa1 I ) o/ )0?5 8' Accordingry, r.A.Nos.3 and 4 of 2o2s are ailowed. consequenily, all proceedings in c.c.No.306 of 2025, on the fire of the rearned principar Junior civil Judge-cum-Judiciar Magistrate of First crass, t\4ahabubnagar, are hereby quashed against the petitioner/accused Nos.1 to 5. o ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SO/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR I \ \ sEcTtoN oFF|CER To, 1 IP *y-dlgl:t,Magistratg of First Ctass at Mahabubil'asar z. rhe statron House officer, woman police station, M-ahabubnagar District. 3- Two ccs to the pubric prosecutor, High ioi tt e strt" ot iEirnb:""I rt 1 9n" 99 Io pli l_ahupaily Anand, Advocate [OpUC] 5. One CC to Ms p Katoana, Advocate topubl 6. Two CD Copies Hyderabad [OUTI -couri NVB/PSL I \ '-- 1 - 3 7 t-,-) et\r. a [i 29JUL2m5 t -t: i6'J^T t c'.0 HIGH COURT DATED:0310712025 COMMON ORDER lA.Nos.3 AND 4 ot 2025 ln/And CRLP.No.7413 o12025 DISPOSING OF THE CRLP AND ALLOWING THE lA.Nos.3&4OF2025 l).The State of Telangana, Rep.by its Public Prosecutor. High Court of Telangana, At Hyderabad. 2). Khaja Bee W/o. Haji Malang, D/o.Md.Lalu' Aged about 2l Yeats' Occ: House Wife, R7o.H.No.3 i -l4l / l, Rajev Nagar Colony' Badepally, Jadcherla Town, Mahabubnagar District. ... Respondent ... ResPondent/ De-lacto ComPlainant JOINT MEMO l. The Petitioners are the Accused No' I to 5 in CC'No'3O6/2025 on the file of the Principhl Junior Civil Judge-cum-Judicial Magistrate of First plass, Mahabubnagar' Based on the Complaint made by the De-facto Complainant, the Women Police Station, Mahabubnagar registered FIR No'21 /2025 and after completing the investigation, filed the Charge against the Petitioners for the offence U/sec 85 of BNS and Sec.3 and 4 of DP Act.
2. Recently the. matter has been settled between the parties' The Parties have decided [o live separately by way of compromise' In view of the compromise' the Accused No' 1 shall pay Rs.1,5O,OO0/- to the De-facto Complainant towards full and final settlement. Apart from the Accused No' 1 shall return the 5 Tulas of Gold, 30 Tulas of Silver ornaments and other house hold articles to the De-facto Complainant on the date of appearance before the compromising t he case. Court or Authority for
3. The De lac:to Cornplainant agreed that she will not make any complaint or any petition against the Accused or family members o[ Ac<.used in future before any court or :ruthority. After taking divorce, both parties shall not interfere rvith their personal life of either party and they can lead their personal life happily. In view of the compromise between the parties, the De-facto Complainant has no interest to prosecute the Accused and accordingly she has no objection to allow the criminal petition and quash ,the proceedings before the trial court against the Accused. herein. Therefore, since _re matter has bt:en set ed between the parties, the further proc,eedings before the trial court is abuse of process of Iaw and re same is liable to be quashed. Hen<:e this memo Date: l1-06 2025 Hyderabad. tt/ - PETITIONER No.2 9dr4 PETITIONER No.5 2na RES NDENT ^La- llaj,, t"1a 1o n ( PETITIONER No.l P R No.3 pETITIONER No.4 COUNSEL FOR THE PETITIONERS COUNSEL FOR THE 2na RESPoNDENT