The High Court · 2025

The State of Telangana, through the Public Prosecutor, High Court of Telangana Hyderabad (PS Asif Nagar, Hyderabad) 2 Syed Abdul Raheem, S/o Syed Abdul Hammed Age About 45 Years ObcBusiness, R I o-19-5-321 1 3l A,KishanBagh, Mahmood Nagar, Asif Nagar, Hyderabad F.'

3. Smt. Juveriya Syeed Abdul Raheem @ Syeda Juverrve, Raheem,Wo Soniwala tVlusaddiq Mohammed Yusuf Aty R/o.H.No.19-5- 321131A, Kishan Bagh,Mahmood Nagar, Hyderabad. (Presently residing at R/o H No SyNo 205, t Jambuwala Society, Faruk-E-Azam School, Near Kali t\l Vasahat, Fateh wadi, Ahmedabad, Gujarat.) D/o Syed Abdul :-22Years Asif Nagar, lat No 71lA/'1 , rs1id. NalSarovar, ...RESPONDE r TS/COMPLAINANTS Petition under Section 528 of BNSS praying that ir the circumstances stated in the Memorandum of Grounds of Criminal Petitror the High Court may be pleased to quash the Charge Sheet S.C.No 857 ol 202i rn the file of the XVI Special Sessions Judge FTC for Atrocities against Wonr, n to Hyderabad, in Crime No245 OF 2021 (On the file of P.S Asif Nagar) 'RC N0Bg ot 2023, Cyberabad in terms of compromise dated23.06.2025. l.A. NO: 2 OF 2025 Petrtion under Sectron 528 of BNSS praying that the circumstances stated in the Memorandum of Grounds of Criminal Petitior. the High Court may be pleased to stay all fLrrther proceedings including arres appearance of the petitioner/ Accused rn Sheet S.C. No. 857 of 2023 on the 1i : of the XVI Special Sessions Judge FTC for Atrocities against Women to Hyc r rabad, in Crime No 245 oI 2021 (On the file of P.S Asif Nagar) PRC No 89 rf 2423, Hyderabad, pending disposal of the main Crl.P. l.A. NO: 3 OF 2025 Between: Smt. Juveriya Syeed Abdul Raheem @ Syeda Juveriva )/o Syed Abdul Raheem,Wo Soniwala Musaddiq Mohammed Yusuf Ag: 22Y ears R/o H.No.19-5- 321131A, Kishan Bagh,Mahmood Nagar, , .sif Nagar, Hyderabad. (Presently residing at R/o H No SyNo 205, ir rl No. 7'lltu1, Jambuwala Society, Faruk-E-Azam School, Near Kaji Mz ;jid, NalSarovar, Vasahat, Fateh wadi, Ahmedabad, Gujarat.) PETITIONE I /3RD RESPONDENT AND

1. Soniwala Musaddiq Mohammed Yusuf, S/o Mohammed ' usuf, Age- 29 years, Occ- Business, R/o H.No. Sy No205, FlatNo.71lA,''1 , ambuwala Society, Faruk-E-Azam School, Near Kaji Masjid, Nal Sarovar. \ asahat, Fateh wadi. Ahmedabad, Gujarat.

2. Soniwala Muzakkir Mohammed Yusuf, S/o Mohammed \ rsuf, Age- 34 years, Occ- Business. R/oHNoSyNo.205,FlatNo.71lA/l,JambLlala Society, Faruk- E- Azarn School, Near Kaji lVlasjid, Nal Sarovar, \'i sahat, Fateh wadi, Ahmedabad, Gujarat.

3. Mohammed Yusuf Soniwala, s/o Abdul Wahed, A3 r- 70 years, Occ- Business, R/o H.No Sy No. 205, 206, Flat No. 71ltul Jambuwala Society, Faruk-E-Azamschool. Near Ka.ji Maslid, Nal Sarovar,'/ rsahat, Fateh wadi, Ahmedabad, Gujarat. @

4. Soniwala Ameena khatun, Wo Mohammed Yusuf, Age- 60 years, Occ- Household, Rio H.No Sy No 205, 206, Flat No.71lN1, Jambuwala Society, Faruk-E-AzamSchool, Near Kaji Masjid, NalSarovar,Vasahat, Fateh wadi, Ahmedabad, Gujarat. 5 Soniwala Bushra, D/o Mohammed Yusuf Wo Patel Juneed Ahmed Muhammed Salim Age- 29 years, Occ- Housewife, R/o HNo SyNo 205, 206, Flat No. 71lN1, Jambuwala Society, Faruk-E-AzamSchool, Near Kaji Masjid, NalSarovar, Vasahat, Fateh wadi, Ahmedabad, Gujarat

6. Soniwala Mubashshera, Wo Mohammad Maaj, Age- 35 years, Occ- Household, R/oA-'1 ,Razmin Park, Opp- Roshan Park Fateh wadi, Ahmedabad, Ahmedabad City, Juhupura, Ahmedabad Gujarat 7 Soniwala Musab, S/o Mohammed Yusuf, Age- 36 years, Occ- Business, R/o Block-C, 501, 5thFloor Tawakkal Apartment, Near Bhatia School, Sagar Farm Road, Gyaspur, Sarkherj, Ahmedabad, G ujarat ...RESPONDENTS/PETITIONERS B The State of Telangana, through the Public Prosecutor, High Court of Telangana Hyderabad (PS Asif Nagar, Hyderabad) 9 Syed Abdul Raheem, S/o Syed Abdul Hammed Age About 45 Years OccBusiness, R lo-19-5-321131A, KishanBagh, Mahmood Nagar, Asif Nagar, Hyderabad ....RESPONDENTS/ RESPONDENTS Petition under Section 359(6) of BNSS praying that.in the circumstances stated in the Affidavit and Joint Memo along with Compromise, the High Court may be pleased to permit the Petitioner/R-3 to compound the offences against the Petitioner/Accused and quash the proceedings in Sheet S.CNo.857of 2023 on the file of the XVI Special Sessions Judge FTC for Atrocities against Women to Hyderabad, in Crime No 245 OF 2021 (On the file of P S Asif Nagar) PRC No 89 of 2023, Hyderabad and pass. l.A. NO: 4OF 2025 Between: Smt. Juveriya Syeed Abdul Raheem @ Syeda Juveriva, D/o Syed Abdul Raheem,Wo Soniwala Musaddiq Mohammed Yusuf Age-22Years R/o.H.No.'19-5- 321131A, Kishan Bagh,Mahmood Nagar, Asif Nagar, Hyderabad. (Presently residing at R/o H No SyNo 205, Flat No. 71lA'/1, Jambuwala Society, Faruk-E-Azam School, Near Kaji Masjid, NalSarovar, Vasahat, Fateh wadi, Ahmedabad, Gujarat ) PETITIONER/3RO RESPONDENT AND '1 . Soniwala Musaddiq Mohammed Yusuf, S/o Mohammed Yusuf, Age- 29 years, Occ- Business, R/o H.No. Sy No205,FlatNo.71lfu1 ,Jambuwala Society, Faruk-E-Azam School, Near Kali Masjid, Nal Sarovar, Vasahat, Fateh wadi, Ahmedabad, Gujarat.

2. Soniwala Muzakkir Mohammed Yusuf, S/o Mohamme j Yusuf, Age- 34 years, Occ- Busrness, R/oHNoSyNo.205, FlatNo.71lA/1,Jam r rwala Society, Faruk- E- Azarn School, Near Kaji Masjid, Nal Sarovar, /asahat, Fateh wadi, Ahmedabad Gujarat.

3. Mohammed Yusuf Soniwala, s/o Abdul Wahed, I ge- 70 years, Occ- Business, R/o H.No. Sy No.205,206, Flat No.71lA' , Jambuwala Society, Faruk-E-AzamSchool, Near Kaji Masjid, Nal Sarova - ,/asahat. Fateh wadi, Ahmedabad, Gu.jarat.

4. Sontwala Ameena khatun, Wo Mohammed Yusuf. \ge- 60 years, Occ- Household, R/o H No Sy No 205, 206, Flat No. 71lA , Jambuwala Society, Faruk-E-AzamSchool, Near Kaji Masjid, NalSarovar. /asahat, Fateh wadi, Ahmedabad Gu1arat. 5 Soniwala Bushra. D/o lVohammed Yusuf Wo ] ttel Juneed Ahmed Muhammed Salim Age 29 years, Occ- Housewife, Ric HNo SyNo 205, 206, Flat No. 7'llfu1, Jambuwala Society, Faruk-E-AzamSc I ool, Near Kaji Masjid, NalSarovar, Vasahat, Fateh wadi, Ahmedabad, Gujara

6. Soniwala Mubashshera, Wo Mohammad Maal, z\;e- 35 years, Occ- Household, R/oA-l,Razmin Park, Opp- Roshan Park Fateh wadi. Ahmedabad Ahmedabad City. Juhupura, Ahmedabad ( ujarat

7. Soniwala Musab, S/o l\4ohammed Yusuf, Age- 36 year;. Occ- Business, R/o Block-C, 501, SthFloor Tawakkal Apartment, Near Bha: r School, Sagar Farm Road, Gyaspur, Sarkhery, Ahmedabad, G ujarat ...RESPON : ENTS/PETITIONERS

8. The State of Telangana. through the Public Prosecutor ligh Court of Telangana Hyderabad (PS Asrf Nagar, Hyderabad)

9. Syed Abdul Raheem, S/o Syed Abdul Hammed Age Abr ut 45 Years OccBusiness Rlo-19-5-32113lA,KishanBagh, Mahmood lagar, Asif Nagar, Hyderabad ...RESPONDEI TS/ RESPONDENTS Petilion under Section 359(2) of BNSS praying that r the circumstances stated in the Affidavrt and Joint Memo along with Comprc r rise the High Court may be pleased to record the compromise and quash Sher: S.0 No.B57 of 2023 on the file of the XVI Special Sessions Judge FTC for Atroc ties against Women to Hyderabad, in Crime Nc 245 of 2021 (On the file of P S \sif Nagar) PRC No 89 of 2023, Hyderabad, against the petitioner/ Accused, in lre interest of justice and pass. This Petition coming on for hearing, upon perusing he Memorandum of Grounds of Criminal Petition and upon hearing the argumer ls of Sri ItMMANENI RAMA RAO, Advocate for the Petitioner and Sri Jithender lao Veeramalla, the Additional Public Prosecutor on behalf of the Responc t nt No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.9389 of 2025 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.'l to 7 seeking to quash the proceedings in SC No.B57 of 2023 on the file of XVI Special Sessions Judge FTC for Atrocities against Women to Hyderabad, for the offences under Sections 376, 366, 3548, 354C, 384, 385 493 read with 120-B IPC and Section 67-4 of the lnformation Technology Act (for short 'lT Act')

2. Heard Sri Rama Rao lmmanenr, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State

3. Learned counsel for the petitioners has submitted that the petitioner No.1 married the respondent No.3 against the will and wish of respondent No.2, father of respondent No.3, and that is the reason, respondent No.2 has been filing several cases against the petitioner No. l and his family members. The respondent No.2 and his wife have filed a Writ of Habeas Corpus vide WP No.46786 of 2022 before this Court alleging that respondent No.3 went missing and sought a direction against the petitioners herein to produce her The said writ petition was dismissed as the respondent No.3 herself I I i ! , i l i I I 2 Crl.P No.9339 ol2025 appeared before the court and she was examin td by a Division Bench of this Court and she stated that she tas married the petitroner No.1 according to her own will and wish rnd without there being any coercion The learned counsel for th: petrtioners also submitted that earrier when petitioner No.1 and th. .espondent No.3 were leading their famiry rife at Gujarat, the father rf the victim has brought the victim back, pursuant to which the hus: rnd of the victim i.e petrtioner No.1 herein has fired a writ petitior before the High Court of Gujarat, wherein again she submitted a cr claration stating that she wanted to live with her husband. Novr in the present petition, the respondent No.2 has filed a compk int against the petitioners for the offences under Sections 376, 3( 6, 3548, 354C, 384,385,493 read with 120-B IpC and Section 67-lr of the lTAct

4. Learned counsel for the petitioners furtht: submitted that since both the petitioner No.1 and respondent Irl, r.3 are happily married and leading a family life, the compliant has no merits and none of the ingredrents attract the offences aller;;d against the petitioner No.1 and his family members. He, ther: ore, prayed to quash the proceedings. 3 ETO,J C.I.P. No 9389 ol 2025

5. Learned counsel for the respondent No.3 has submitted that the respondent No.3 is very much into happy married life with the petitioner No 1 and that they are blessed with a baby boy on

17.07.2024 at GMERS General Hospital, Gandhi Nagar and the said birth certificate of the child is also filed along with the petition lt is I only the respondent No.2, who is creating problems in the marital life of the petitioner No.1 and the respondent No.3 and that they are being disturbed by the complaints filed by the respondent No.2

6. Perused the record

7. A perusal of the order in WP No.467BG of 2022 discloses the fact that respondent No.3 appeared before the Division Bench and stated that she married the petitioner No.1 willfully. Further the marriage certificate and the birth certificate of the child of petitioner No.'1 and the respondent No.3 are also perused. Thus, in the facts and circumstances of the case, since the petitioner No.1 and the respondent No.3 are already marrred and are leading a peaceful married life, continuation of proceedings against the petitioner No.1 and his family members would be an abuse of process of law B. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners-accused Nos.1 to 7 in SC 4 ETD,J crt.P. No 9j990t 2025 No.857 of 2023 on the file of XVI Special Sessrc ns Judge FTC for Atrocities against Women to Hyderabad, are hereL y quashed. Miscellaneous Petitions, if any pending, sh:r stand closed. SD/- A AS . ;RE ','T ENIVASA REDDY ANT REGISTRAR //TRUE COPY// CTION OFFICER To, to Hyderabad, '1 The XVr Speciar sessions Judge FTC for Atrociti*s against women 2. The lAddl Ct-ief lr,4etrooolitan Magistrate at Namparly lyderabad. 3. The Station House offrcer. F"ril" 3trti"."';:,il;.. rj ,derabad 4. Two CCs to rhe pUBLtcpRO_SECUioi, Hd; C;i,, a ryderabad. (oUr) 5. One CC to SRt |MI/ANEN| RAMA RiO'nd""""J" IOn JCI 6. Two CD Copies TPKiPSL P I I I : ! i r i l l . HIGH COURT DATED:0311112025 ORDER CRLP.No.9389 of 2025 1fi -.. .,rq CRIMINAL PETITION IS ALLOW'=D t I i l t i I I I .; : q