✦ High Court of India · 30 Jul 2025

The High Court · 2025

Case Details High Court of India · 30 Jul 2025
Court
High Court of India
Decided
30 Jul 2025
Bench
Not available
Length
1,865 words

Petition under Section 482 ol Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash Crime. No. 134 of 2025, on the file of P.S. Banjarahills at Hyderabad. t.A.NO.1 &20F2025 |.A.NO.1 0F 2025: Shahistha Begum @ Shaista Begum, D/o Mohd Osman Khan, Occ. House hold, Aged.24 years, R/o 8-2-752133, Banjara Hills Road No 12, Bhola Nagar, Hyderabad, Telangana. ...Petitioner/Respondent No.2 AND

1. The State of Telangana, Represented by Public Proser;utor, High court at ...Respon CenURespondent Hyderabad.

2. Mohammed Khaja Moinuddin, S/o [Vlohammed Gayasr.rd 1in, Aged- 37, Occ- Private Employee, R/o H.No.6-14, Sheshadri Nagar, lVlahabubnagar, Telangana. ...ResponrlenUAccused No.1 (Cause title is amended as per court order d1.30.07.202'.i vide lA.No.3/2025 made in Crl.P.No.8255/2025) Petition under Section 359 (6) BNSS Act., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner for compromise in crime No.134/25 PS Banjara Hills at Hyderabad, in terms of the accompanied co-npromise memo. |.A.NO.2 0F 2025: Petition under Section 359 (6) BNSS Act., praying that ir, the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise compound the oflences for quashing Crime No.134 oI 2025, on the file of PS. Banjarahills at Hylerabad, in terms of the accompanied compromise memo. This Petition coming on for hearing, upon perusing tlre Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. SK. ASHRAF, Advocate for the Petitioner and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor (TG) on b,rhalf of respondent No.1 and None appeared for the Respondent No.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N,TUKARAMJI l.A.Nos.1 &2 of 2025 IN/AND CRIMINAL PETITION No.8255 OF 2025 ORDER This Criminal Petition is filed under Section 528 oI Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') seeking quashment of the proceedings against the petitioner in Crime No. 134 o'f 2025 of Banjara Hills Police Station, Hyderabad.

2. The petitioner is arrayed as accused No.1 in the Crime No.134 of 2025 registered for the offences punishable under Sections 420, 376 and 506 ofthe lndian Penal Code, 1860.

3. Heard Mr. SK Ashraf, learned counsel for the petitioner, tr4r.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Ms.Jabeen Fatima, learned counsel for respondent No.2/de facfo complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.1 and 2 of 2025 wilh the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioner/accused No.1 in Crime No. 134 of 2025. 2 NTIU (-r/.P.No. 8255 af 2025 I

5. This Court yide orders dated 09.07.2025 refe'r.ed the parties to the High Court Legal Services Committee for identificirtion and to verify the voluntariness in arriving the settlement. The Secrr:tary, High Court Legal Services Committee, has submitted report cated 16.07.2025 stating that except the respondent No.2lde-facto corn)lainant, all other parties were identified by their respective couns::l and also on verification of Aadhar Cards/ldentity Cards and the e.rquiries revealed that the parties have willfully and without coerci)n entered into settlement/compromise. However, this Court, in l.r\.No.3 of 2O2S ordered the amendment of name of respondent No.2/de facto complainant as 'Shahistha Begum' in the records.

6. I have considered the submissions of the learned counsel and perused the materials on record.

7. Learned Additional Public prosecutor produced a correspondence, dated 10.07.2025, received from f)ub-lnspector of Police, Banjarahills Police Station, Hyderabad, stating that ,,the complainant has given letters to the concerned Station House Officer and Deputy Commissioner of Police for withdrawal of her complaint".

8. The accusations against the petitioner/accused Nrt..l in the police Report lodged by the respondent No.2/de-facfo comp{ainant are tha - 3 N7R'/ Cr/-l'.N0.82:5 o/ 202; the petitioner/accused No.1 sexually exploited her under promise to marry her. Having considered the allegations and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gran Singh v. Sfate of Punjab and anothe/ and Anit Mishra v. State of tl.P.z; Sfate 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 of BNSS, 2023, would be in the interest of justice.

9. Accordingly, l.A.Nos.1 and 2 of 2025 are allowed. Consequently, all proceedings in Crime. No.134 of 2024 on the file of the Station House Officer, Banjarahills Police Station, Hyderabad District, are hereby quashed against the petitioneriaccused No.1. 'lO. ln the above terms, the Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed Sd/- S. MALLIKARJUNA RAO ASSISTANT REGISTRAR e //TRUE COPY// SECTION OFFICER To, 2 3 The lll - Additional Chief Judicial A/agistrate, Hyderabad. The Station House Officer, Banjara Hills Police Station, Hyderabad. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT] One CC to Mr. SK ASHRAF, Advocate [OPUC] Two CD Copies HIGH COURT DATED: 3010712025 \ \ I 2I SEP zffi :/ ORDER r.A.NO.1 &20F2025 IN/AND CRLP.NO.8255 0F 2025 The Criminal Petition is Allowed. \e;L 2 JOINT COMPROMISE MEMO FILED BY THE PETITTONER AND THE RESPONDENT No. 2 1). It is submitted that, this quash petition is hled petitioner/Accused praying this Hon,ble Court to quash the No. 134 of 2025, on the hle of p.S. Banjarahills at Hyderabad by the Crime. 2). It is submitted that, basing on a complaint filed by the respondent No. 2 the police Masabtank registered a F.I.R. fVo. SfS of 2024, on the point of Jurisdiction tra,sferred to Banjarahills Police station and registered a F.I.R. No. 134 of 2025 at Banjarahills ,Hyderabad District, for the offences punishable under Sections 42O, 376 and 506 of I.p.C 3). It is submitted that, the alregations in the complaint are that, the petitioner had moved closely with the respondent No. 2, promising her to marriage but, he evading to marry her and as such, she filed a complaint with a request to take action. 4). It is submitted that, the petitioner at the advice of the elders and well wishers got resolved the differences which arose between him ald the respondent No. 2, and as such on 05.04.2025 the respondent No. 2 has requested to Banjarahills p.s. for withdrawal of F.I.R. No, 134 of 2025, and has no grievance at all against the petitioner, therefore I do not want to prosecute the petitioner, as such I have no objection for quashing the F.I.R No. 134 of 2O2S against the petitioner. Contd...3 ,i& a.) 5). It is submitted that, the petitioner and the rr,srpondent No. 2, got reduced a joint compromise memo and t-l-re respondent No. 2 has no objection for quashing of the Crime No.134 of 2025 on P.S. Banjarahiils, this joint compromise memo mal/ lle treated as part and .parcel of this quash petition. It is srr rmitted that, the respondent No.2, is ftling an afiidavit to the said r lfect. 6). For all the reasons stated above, this Honltle Court may be pleased to quash the Crime. No. 134 of 2025, on the frle of P.S. Banjarahiils zrt Hyderabad, in terms of this cor:r:rromise memo and to pass such other order or orders as this Hon'blr: Court may deem ht and proper in the interest of justice. Date : cfL -OW-2O25, Place : Hyderabad. Petitioner. Counse,l for the Petitioner. Respondent No. 2

4. )r4 d( 1/ Counsel fo, til respondent No. 2. -EA IN THE HIGH COURT FOR THE STATE OF TELANGANA AT:: HYDERABAD cri.P. No.B4gTrzozs IN Crime' No' 134 of 2025' On the file of P'S' Banjarahills at Hyderabad' Between: I Mohammed Khaj a Moinuddin' S / o Mohamm"a c'Yiffi aged: aZ R/o H'No 6-14' Sheshadri Nagar' o"' .l1:::8"^(b<-" "' AND 1 2 The State of Telangana' Represented by Public Prosecutor' High court at Hyderabad' .....Respondent. Shaista Begum, D/o Mohd Osman Khari' occ: 'ilo'S'e-,kJ4- ag"a : 24 Yeats, Rlo 8-2-7521 33' Banjara Hills Road No 12' ;;;i" Nagar, HYderabad ' Telangana ...ResPondent/ Defacto-comPlainant' Contd..2 I 2 JOTNT COMPROMISE MEMO FILED BY THI) PETITIONER AND THE RESPONDENT No. 2 1). It is submitted that, this quash peti: on is filed by the petitioner/Accused praying this Hon,ble cour_ to quash the crime. No. 134 of 2025, on the hle of p.S. Banjarahiil:; at Hyderabad. 2\. It is submitted that, basing on by the respondent No. 2 the police Masabtank No. 313 of 2024, on the point of Jurisdiction transl.e:reci to Banjarahilis Police s taticrn and registered a F.I.R. No, 134 of 2025 at Banjarahills ,Hyderabad District, for the offenr::ts punishable under Sections 42O, 376 and 506 of I.p.C a co:rLplaint hled regis,t::red a F.l.R. 3)' It is submitted that, the arlegations in th:r compraint are that, the petitioner had moved closely with the respondent No. 2, promising her to marriage but, he evading I,c) marry her and as such, she filed a complaint with a request to ta [..e action. 4). It is submitted that, the petitioner at the advi ce of the elders and well wishers got resolved the differences whictr arose between him and the respondent No. 2, and as such rrn 05.04.2025 the respondent No. 2 has requested to Banjarahills p.S. for withdrawar of F.I.R. No, 134 of 2025, a,d has no grieva,r e at all against the petitioner, therefore I do not want to prosecllt,l the petitioner, as such i have no objection for quashing the F.tR No. 134 of 2o2s again st t he petitioner. Contd...3 .) \) 5). It is submitted that, the petitioner and the respondent No. 2, got reduced a joint compromise memo and the respondent No. 2 has no objection for quashing of the Crime No. 134 of 2O2S on p.S. Banjarahills, this joint compromise memo may be treated as part and parcei of this quash petition. It is submitted that, the respondent No.2, is hling an affidavit to the said effect. 6). For all the reasons stated above, this Hon,ble Court may be pleased to quash the Crime. No. 134 of 2025, on the Iile of p.S. Banjarahills at Hyderabad, in terms of this compromise memo and to pass such other order or orders as this Hon'ble court may deem ht and proper in the interest of justice. Date :62--oW-2o25, Place : Hyderabad. Petitioner. Counsel for the Petitioner. Respondent No. 2 4 Counsel for respondent No. 2.

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