✦ High Court of India · 22 Jan 2025

The High Court · 2025

Case Details High Court of India · 22 Jan 2025
Court
High Court of India
Decided
22 Jan 2025
Bench
Not available
Length
1,489 words

Acts & Sections

Petition under Section 528 of BNSS praying that in the circumstances stated in the lt/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the charge sheet in CC.No.'12951 of 2020 pending on the file of Hon'ble XV Additional Chief Metropolitan Magistrate at Hyderabad. l.A. NO: 2 OF 2024 Between: Smt Arshiya Firdous, Wo Abdul Wahed, Age: 33 yrs, Occ: Household R/o H.No.4-166/9/2, Akbar Colony, Shamshabad, Rangareddy District TG ...Petitioner/Respondent No.2/defacto complainant i'r'ro

1. Abdul Wahed, S/o Abdul Rasheed, Age:44 yrs, Occ: Private 2. Abdu Rasheed, S/o late Shaik Fareed, Age: 60 yrs, Occ. Business 3. Mohammed lriloin, S/o Abdul Rasheed, Age. 35 yrs, Occ. Privale 4. Mohammed Abdul Fahad, S/o Abdut Rasheed, Age: 40 yrs, Occ: Private 5 l\rlohammed Abdul Nawaz, S/o Abdul Rasheed, Age: 32 yrs, Occ: Household All R/o H.No.19-2-111129 Bilal Nagar, Kalapather, Bahadurpura, Hyderabad

6. The State of Telangana, Rep. by through the Public Prosecutor, High Court of Telangana, at Hyderabad. ... Res po n d enUcom pla in a nt Petition under Sectron 359(6) of BNSS praying that in the circumstances stated in the f\rlemorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise in CC No. '1295.1 of 2020 pending on the file of the Hon'ble XV Additional Chief lVetropolitan Magistrate at Hyderabad for the alleged offences U/Sec 498 A, 406, 506 rlw 34 IPC & Section 4 & 6 of DP Act in the interest of justice. l.A. NO: 3 OF 2024 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the lti'lemorandum of Grounds of Criminal Petition. the High Court may be pleased to record the compromise and Quash the proceedings in C.C.No. 12951 of 2020 pending on the file of Hon'ble XV Additional Chief lvletropolitan magistrate at Hyderabad for the alleged offences Uis. 4984,406, 506 R/w. 34 of IPC & Section 4 & 6 of DP Act against the Accused 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 Khaja Azhar Uddin, Advocate for the Petitioners and the Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri Syed Yakob, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER I I HON'BLE SMT. JUSTICE JUVVADI SRIDEVI I.A.Nos.2 and 3 of 2024 in/and CRIMINAL PETITION No.927l of 2024 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos. I to 5 to quash the proceedings against them in C.C.No. I 295 1 of 2020 on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad, registered for the offences punishable under Sections 498A, 406,506 of tPC and Sections 4 and 6 of Dowry Prohibition Act.

2. It is submitted by learned counsel appearing for the petitioners as well as the respondent No.2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I.A.Nos.2 and 3 of 2024 have been filed to record the compromise between them and to compound the offences.

3. Vide order dated 07.01.2025, this Court directed the parties along with their respective counsel to appear before the Secretary, I-Iigh Court Legal Services Committee, High Court I I 2 I for the State of Telangana, Hyderabad, for identification and to submit a report.

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Committee, has identified the parties and subrnitted a repoft, dated 09.01 .2025 and the same is placed on record.

5. In view of the above, I.A.Nos.2 and 3 ol 2024 are allowed. Consequently, this Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.l to 5 in C.C.No.l2951 of 2020 on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed. sar-e'aoiryrREt'EiRRX //TRUE COPYI' 1\ ,\__---,---,--- sEbhrou oFFlcER To,

1. 2. J. 4 5 b H::Y,t3l'HlX'""Ji'::y"il.|"#:-f ?*it** !lf.::"'{:A;:IlJ the Pullic Prosecutor' Hish court ror the State of relansana j'il?o?'d"'Hvo"'"u"0 {o P u c l ii#m:'^i1i;'t','3;tie 3'#tiil "{ Two CD CoPles (Along with a Copy of Joint Memo of Compromise) Kam/gh \q- i I HIGH COURT DATED:22101t2025 \\ \ Y COMMON ORDER l.A.Nos.2 and 3 ot 2024 in/and CRLP.No.9271 ol 2024 ( /+ o o Serl1 IA rC' 14 tiB 2m ,, c t) cT 60 BOTH l.As AND CRIMINAL PETITION ARE ALLOWED q .rda Vtr a\{6 I I l'-- i L Y A d IN THE HON'BLE HIGH COURT FOR THE STATE OF TEI-ANGANA HYDERABAD Crt.p.No.. f I j{ ot zozL4 I DVC No'68 ot 7020 (On the flle of Hon'ble III MM court at Hyderabad') Between:

1. Abdul Wahed S/o Abdul Rasheed Aged 44 Yrs, Occ Private

2. Abdu Rasheed S/o late Shalk Fareed Aged 60 Yrs, Occ Business

3. Mohammed Moin S/o Abdul Rasheed Aged 35 Yrs, Occ Private

4. Mohammed Abdul Fahad S/o Abdul Rasheed Aged 40 Yrs, Occ Private

5. Mohammed Abdul Nawaz S/o Abdul Rasheed Aged 32 Yrs, Occ Household All R/o H.No. 19-2-7U 129 Bilal Nagar, Kalapather, Bahadurpura' Hyderabad Petitioners/resPondents No' 1-5 A.nd

1. The State of Telangana, Rep. by through the Public Prosectltor' High Coud of Telangana, at Hyderabad'

2. Smt Arshiya Firdous W/o Abdul Wahed ..Respondent/ ComPlainant' Aged 33 Yrs, Occ Household R/o H.No. 4-l66lgl2,Akbar Colony' Shamshabad' Rangareddy District TG Respondent no '21 defacto complainant INT ME MO FIL DBY J

1. It is submitted that. o the Petitioners who lDt t;4{ ND ENT NO .2 T E ON ER AND EP the ResPondent No'2 has lodged a complaint against DVC No.68 of 2020 is arraYed as resPonden tin AD- ,6 1 the respondent no'2 shall not claim anything from the petitionerc in future, as such the amount of Rs 2'00'000/- paid is full and final amount' In view of the settlement between both the parties and compromise' even if the trial takes place it will be futile hence it is imperative to seek quashing of the same Unless this Hon'ble Court Quash in DVC No'68 of 2020 pending on the file of Honble III MEfROPOLITAN Hyderabad' Otherwise both the partres will suffer heary and irreparable loss and injury if the said Criminal proceedings are not quashed and continuation of the said criminal proceedings will seNe no purpose' Therefore the above quash petition is being filed to quash the said charge MAGISTRATE AT sheet. For the reasons stated above' it is therefore prayed that this Hontle Court may be pleased to Quash DVC No'68 of 2020 pending on the flle of Hontle III MAGISTRATE AT Hyderabad against the Petitioners/respondents' pursuance of the Compromise as withdrawn' in the interest of justice and pass such other order or orders as this Hon'ble Court maY deem fit and proper in the METROPOLITAN circumstances of the case on the nst the osecute It is submitted that the Petitioners and the Respondent No'2 atter in connection with in DVC No'68 of 2020 pending comPromised the m MAGISTRATE AT HYdCTAbAd AgAi file of Hon'ble III METROPOLITAN respondents, out of the Court and the Respondent No'z does not want to pr the matter anY furth er and to this effect a separate compromise petition is also Hence it is PraYed that this Hon'ble Court may be pleased to quash the CC No' 4,1 &- @ @ @ @ t2 12951 \ \ \ \ \,\ of 222opending on the file of ilon'ble XV ADDffiONAL CHIEF METROPoLITAN t MAGISTRAIE AT Hyderabad in the interest of justice and pass such order as this Hon'ble court deems flt in the interest of justice. \ Hence this loint Memo. Hyderabad Dt: -0812023

1. Abdul Wahed /respondent No.1

2. Abdul Rasheed /respondent No.2

3. MOin /respondent No.3 /'\sw h- p

4. Mohammed Abdul Fahad/respondent No.4

5. Mohammed AMul Nawaz / respondent No.5 A4; Smt Arshiya Firdous /respondent no.2 "4-"L* oners/respondent Counsel for de t No.2

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