The High Court · 2025

Petitron under Section 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioner in FIR NO.7912025 U/s 109,352,115(2), rlw 3(5) BNS (P S ABIDS) (On the File of in the court of ll Addl Chref Judicial Magistrate At Nampally, Hyderabad). l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated rn the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Stay of all further proceedings in proceedings against the petitioner in FIR NO. 7912025 U/s '109,352,1 15(2), rlw 3(5) BNS (P.S. ABIDS) (On the File of in the court of ll Addl Chief Judicial Magistrate At Nampally, Hyderabad) as the pending disposal of the above Criminal petition. ./ CRIMINAL PETITION NO:8234 OF 2025 Between: AMEER, S/o lr,4ohd Younus Age. 24 yrs., Occ. Studen. (BBA) R/o H No 1B-8- 24'115, Near Water Tank, Santosh Nagar, Hyderabad. ..PETITIONER/ACCUSED NO.4 AND

1. The State of Telangana, Rep. by its Public P rosecutor. l-1ig h Court of Telangana At Hyderabad 2 Saif Baig, S/o Kousar Baig, Aged 25 yrs , Occ. Student R/o H. No 3-05-111, Karkhana, Tirumalgiri, [r/a novitas nag ar, Secunderabad Hyderabad. ...RESPONDENT/COMPLAINANTS 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 against the Petitione r"in FIR NO. 7912025 U/s '109,352,115(2), r/w 3(5) BNS (P.S ABIDS) (On the F te of in the court of tt Addl Chief Judicial [\Iagistrate At Nampally Hyderabad). l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitior, the High Court may be pleased to grant Stay of all further proceedings in proceedings against the petrtioner in FIR NO 7912025 U/s'109,352,115(2),rlw 3(5) UNS (P S ABTDS) (On the File of in the court of ll Addl Chief Judicial Magistrate At Nampally. Hyderabad) as the pending disposal of the above Criminal peiition. This Petition coming on for hearing, upon perusing the l\4emorandum of Grounds of Criminal Petition and upon hearing the a.guments of Sri MD FASIUDDIN, Advocate for the Petitioners in both tl^e CRLPs and SRI JITHENDER RAO VEERAMALLA, the Additionat Public Prosecutor for the Respondent No.1 in both the CRLPs and none appeared fcr the Respondent No. 2 in both the CRLPs The Court made the following: COMMON ORDER R&F,|W ' ...,::.t'' .;,' THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION Nos. 7393 AND 8234 OF 2025 COMMON ORDER: These Criminal Petrtions are filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') seeking quashment of the proceedings against the petitioners in Crime No. 79 of 2025 of Abids Police Station, Hyderabad.

2. The petitioners are arrayed as accused Nos.3 and 4 in Crime No 79 of 2025 for the offences punishable under Sections 109, 352, '1 15(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS')

3. As the petitioners/accused Nos.3 and 4 are facing self-same allegations in the Crime, these Criminal Petitions are heard together and being decided by thrs common order

4. I have heard Mr. Mohd. Fasiuddin, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No. 1-State

5. . Having regard to the fact that the case against the prime accuseci i.e., accused No 1 was quashed on the basis of a settlement with the de facto complainant (respondent No. 2), and taking into account the 2 \IIiJ ('i,'.1'..\'., '.tr; tr1E))t o1 2(.)2i .': \ contents of the police report, which allege that accused No 1 stabbed the de facto complainant in the presence of the petitioners (accused Nos. 3 and 4), but contain no direct allegations agairst the petitioners themselves and considering that the de facto comple inant, through his counsel, has categorically stated that the matter has been amicably settled and that he does not wish to pursue the prosecution further, this Court is of the considered view that continuation of prrceedings against the petitioners is unlikely to serve any useful purpose 6 For the aforesaid and in light of the principle of parity, and in the absence of any independent allegations against the petttioners, quashing the proceedings against accused Nos.3 anc 4 in Crime No.79 of 2025 of Abids Police Station, Hyderabad, is found to be appropriate anC justifiable

7. Accordingly, Criminal Petition Nos 7393 and 3234 of 2025 are allowed. The proceedings against the petitioners/accused Nos.3 and 4 in Crime No. 79 of 2025 of Abids Police Station, Hyderabad, are hereby quashed Pending miscellaneous applications, if any, shall stand closed. SDi. P.PONNA KIRSHNA ASSISTANT REGISTRAR i\ I \ $".,o* oFFrcER //TRUE COPY// To, 1 The ll Additional Chief Judicial lVlagistrate at Nampaily. ltvderabad _- co i.td. ^ -_ ]F'ry

2. The Station House Officer, Abids police Station, Hyderabad. 3 One CC to SRI MD FAS|UDD|N Advocate tOpUCl 4. Two CCs to SRt PUBLTC PROSECUfOR. High Court for the State of Telangana, Hyderabad. [OUT]

5. Two CD Copies GR/PSL ?n&. I l -z-1_ - :--'r-: '' -, ',:'l ., .- - -; j/. ' . '\ .,,.. .\. 0 1 lr[\, 2025 t\ j l:'. rCr\ --' HIGH COURT DATED:2310712025 COMMON ORDER CRLP.No.7393 AND 8234 ot 2025 z' il; ii'.) \:, t'. ALLOWING BOTH THE CRLPs frvr (.. ta\ ro(>Y