✦ High Court of India · 22 Aug 2025

The High Court · 2025

Case Details High Court of India · 22 Aug 2025
Court
High Court of India
Decided
22 Aug 2025
Length
1,817 words

Acts & Sections

2. Smt. Nikhath Fatima, Wo Shag. Feroz, D/o Syed Abid eureshi, Aged about 24 years, Occ: Household, R/o. H.No. .17-3-311/36, Azmath Nagar, yakuth Pura, Hyderabad, T.S 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 pending criminal case in s.c. No. 54s of 2023 arising out of crime No. 292 of 2022 of P.s Ramgopalpet, Hyderabad pending on the file of Vl Additional Judicial sessions Judge, Hyderabad against the petitioners/ Accused. No. .l to 3 in the interest of justice and in the circumstances set forth to above. ...Respondents r.A. NO. 2&3 0F 2025 I-A- NO: oF 2025 Between Smt. Nikhath Fatima, Wo Shag. Feroz, D/o Syed Abid Qureshi, Aged about 24 years, Occ: Household, R/o. H.No. 17-3-311136, Azmath Nagar, Yakuth Pura, Hyderabad, T.S ...Petitioner/De-facto Complainant in l.A. Nos. 2 and 3 of 2O25 AND

1. The State o1'Telangana, Rep. by its Public Prosecutor, High Court, Hyderabad. 2. Shaik Feroz, S/o Shaik ftlehboob Ali, Aged about 31 years, Occ: Business, Hani Textiles, R/o. H.No.1-B-1151118. Nallagutta, Kareem Compound, Secunderabad. Hyderabad, T.S.

3. Shaik Haset:na Begum, Wo Shaik Mehboob Ali, Aged about 48 years, Occ: Household, R/o. H.No.1-8-1151118. Nallagutta, Kareem Compound, Secunderabad. Hyderabad, T.S.

4. Shaik [Vahatroob Ali, S/o Late Shaik Fathe lt/ohammed, Aged about 55 years, Occ: Busin,=ss, R/o. H.No.1-B-115111B, Nallagutta, Kareem Compound, Secunderaberd, Hyderabad, T.S. ...RespondenUAccused No. 1 to 3 in l.A. Nos. 2 and 3 of 2O25 Petition uttder Section 359 (6) of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to permit Petitioner to compound the offence against accused No. 1 to 3 in S.C. N r. 545 of 2023 on the file of the Court of Vl Additional Metropolitan Sessions Jud,Je, at Secunderabad in the light, terms of the Memorandum of Understandinr; cum Settlement Agreement dated 0310112025 in the interest of justice. l.A. NO: 3 OF 20:25 Petition unc'er Section 359 (2) of BNSS praying that in the circumstances stated in the l\4entorandum of Grounds of Criminal Petition, the High Court may be pleased to compound the offence against Accused No. 1 to 3 in S.C. No. 545 of 2023 on the file of the Court of Vl Additional Metropolitan Sessions Judge, at Secunderabad in the light, terms of the Memorandum of Understanding cum Settlement Agreenrent dated O3tO1t2O25 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 Mohammed Zaki , Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No. 1 and of Sri [t/ A Kareem, Advocate for the Respondent No. 2 The Court made the following: COMMON ORDER TI{E HON'BLE SMT. JUSTICE TIRUMALA DEV! EAOA l.A.Nos.2 an in/and CRIMINAL PETITION No-978 ot 2O25 OMMC) 1. Ttris Criminal Petition is filed by the petitioners/accused Nos.1 to 3 under Section 528 of BNSS, 2023 seeking to quash the proceedings against them in S.C.No.543 of 2023 on the file of learned "/l Additional Judicial Sessions Judge, Hyderabad, for the offence Funishable under Sections 498-4, 313 read with Section 34 of lPC.

2.' lt is submitted by learned counsel appearing for the petitioner:;/accused Nos.1 to 3 as well as respondent No.2lde facto complainernt that during pendency of the present Criminal Petition, the partie:; have compromised the matter and accordingly, l.A.Nos.2 and 3 of 2:025 have been filed to record compromise between them and to conrpound the offences.

3. The learned Assistant Public Prosecutor has opposed the said compromis.e petitions.

4. Perused the affidavits filed by the de facfo complainant in l.A.Nos.2 and 3 of 2025 which disclose that she has willingly I I I 2 ETD. J GIP-e7s6]02s consented for compromise. since the parties were willing to enter intocompromise,theyweregivenachancetosettlethematterby appearingalongwiththeirrespectivecounselbeforetheHighCourt LegalservicesCommitteeforthestateofTelanganavideorders datedol.oL.2o25passedbythisCourt.TheSecretary,HighCourt "LegalservicesCommitteeshallidentifythepartiesandsubmita report to that effect'

5.PursuanttotheabovesaiddirectionissuedbythisCourt,the partiesalongwiththeirrespectivecounselhaveappearedbeforethe HighCourtLegalservicesCommitteefortheStateofTelanganaand theSecretaryoftheabovesaidAuthorityidentifiedthepartiesand submittedareportdatedll.of..2o25statingthatthepartieswere identified and they have willfully and without any coercion entered into compromise as per the terms of compromise'

6. ln view of the above' l'A'Nos'2 and 3 of 2025 are allowed' to the Director, Consequently,theCriminalPetitionisallowedandtheproceedings Sainik Welfare, Hyderabad (Savings State Bank of lndia, Shantinagar Branch AJc.No.52188926279 ' (2oo7o), IFSC Code:SBlN0o2oo7o, MlcR No.50000 4057,) registered against the Petitioners/accused Nos.1 to 3, are herebY quashed I I t \ \ 3 ETD, J Crlp-9786_2025 subject to the petitioners/accused Nos.1 to 3 paying an amount of Rs.5,0C0/- (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No.52188926279, State Bank of lndia, Strantinagar Branch (20070), IFSC Code:SB|N0020070' MICR No.500C'04057) and Rs.5,000/- (Rupees Five Thousand Only) to the Telangarra High Court Advocates Association, Hyderabad, within a period of two (02) weeks from today and file proof of the same before the RegistrY.

7. Mi:;cellaneous applications, if any pending, shall stand closed' Sd/. A.V.S. PRASAD TY REGISTRAR //TRUE COPY'/ ECTION OFFICER The Vl Adlitional Metropolitan Sessions Judge, The Station House Officer, Ramgopalpet Police Two CCs to the Public Prosecutor High Court for the State of Telangana, at Hyderabacl [OUT] One CC to Sri Mohammed Zaki, Advocate [OPUC] One CC to Sri M A Kareem, Advocate IOPUC] Two CD Copies nderabad. Hyderabad t S Td, 1 2 a 4 5 6 Sa/DI- w (Along with a copy of Joint Memo of Compromise) NOTE: Total Amount of Rs 10'000/- ( Rupees Ten thousand onlv ) has leen paid bv Sri Ralath Kumar Pradhan' Counsel for the Petitioner as directed by the Hon'ble Court vide order c'ated 22 'OB 2[25as Rs 5'000/- ( Rupees Five thousand onty ) to the Director, Sai.ir Wertarl'-n'i"'"0'o *t :t^:::::: iiln: ;::i:"ff": a'v :- ;;;;;"'"rangana :'"';-HH:::::::Jffi:: o{ comPliance USR No 95 I HIGH COURT DATED: 2210812025 i t I COMMON ORDER I.A. NO.2&30F 2025 IN/AND CRLP.No.9786 of 2025 r"- ALLOWING THI= l.A.Nos. 2 and 3 AND CRLP. I T,L & IN THE HIGH COURT FOR THE STATE OF TELAI{GANA AT HYDERABAD r) I.A.NO. .5 cRL.P.Noalf,oF 2o2s of 2025 TN Between: Smt. Nikhath Fatima W/o Shaik Feroz, D/o Syed Abid Qureshi, Aged about 24 years' Occ: Household, R/o: H.No: 17-3-3 l1'136, Azmatkr Nagar, Yakuth Pura, Hyderabad, T'S : Petitioner/De-facto complainant AND The State of Telangana, ReP', bY.il's p"rrrrc Prosecuto;,'Higki Court, Hyderabad' Shaik R^eroz, S/o Shaik Mehboob AIi' &;J;6;;'3 I'y; ;;;, o i",- s" t ine s s;,' H ani rextile s' Shaik Haseena Begum-, W/-o- Shail< Mehboob '{li &;d ;bJ;-t-4a ye{rs, occ:' Household' Shaik Mahaboob Ati S/o Lqte Shaik Fathe Mohammed Ag"d about 55 Years, Occ: Buslness, A11 are R/o. H.No.1-8- 115/ 1/B, Nailaeutta' ffi t;; * -c o * p o rr"tta, s..-,, d e rab a cl' H"yd e r ab ad' T' S' " ...ResPondents/ Petitioners JOrN]:-U4EMo May it please Your LordshiP! This is to bring to the kind notice of this Hon',ble court trrat petitioner herein is the de-facto complainamt in in 1 to 3 in s'c' No' 545 of 2O2! on the file of ttre court of Hon'ble vl Additional Metropolitan sessions Judge, at secunderabad.That petitioner and Respondents have entered" into Memorandum of understanding curn settlement Agreement on the following terms and conditions:

1. THAT, in the light of this settlen:.ent agreement, the Party of the First F,art herein shall withdraw her case registered upon her complaint dated O3-O l-2O25 against Party of the S""o1l,ftt before PS Ramgopalpet Banjara Hills bearing Crime No.(-.,-of 2O29-LI/s 49BA 313 R/w. 34 IPC which after investigation was converted. to s.c. No. 545 of 2oT on the file of the court of Hon,bleVlAdd.itionaiMetropolitanSessionsJudge,at Secunderabad by fitling all necessary applications, memos, joint consen.:, permission petitions etc and personally appearing before ali or concerned Court in or'le:" to compound oflence against the partlr ol- the second Part'

2. THAT, the Party of the First Part herein shall not file any other 1' criminal cases against the Party of the Second Part in future' The Party ol'the second part shall aiso observe the same likewise'

3.THAT,ihepartieshaveagrecCtobephysicaltypresentinCourts' legal se.:vice authority, Lok-Adalat whatsoever is necessary for the purpos€: of compounding offence against the party of the second part anrl make available themselves at all times for the purpose of withdrawing the above case in s.c. No. 545 of 2022 on the file of the court of Hon'ble vl Additional Metropolitan Sessions Judge' at Secundt:rabad.

4. THAT, the parties have agreed" to corporate and provide their signatul-es on all necessary documents including but not limiting \ to affidavits, petitions, memos for the purpose of withdrawing the above case in S.C. No. 545 of 2022 on the file of the Court of Hon'ble VI Additional Metropolitan Sessions Jud.ge, at Secunderabad.

5. THAT, the parties herein agree to not file any civil or criminal case or claim against each other and r,vill endeavour to maintain peace and harmony.

6. THAT, the parties herein have agreed to get separated from each other and not remain in cont*rct with each other in any manner whatsoever-

7. THAT, this Memorandum <lf Understanding cum Settlement Agreement shall be construed as a whole according to its fair meaning.

8. THAT, this Memorandum of Understanding cllm Settlement Agreement is given and accepted for the purpose of compromising all disputes between the partir:s and avoiding any further expense, hassle and uncertainty involving litigation and in order to purchase peace.

9. THAT, this present Memorandum of Understanding cum Settlement Agreement has l:een executed by and between the parties herein out of their free will and consent and without any force, coercion or undue influence of each other or any other person.

10. THAT the both the parties herein are available in Hyderabad for thepurposeofreducingthecontentsofcompromisebetweenthem throughthisAgreementandareallrnajors,ed'ibletoenterinto this Present instrument' Myselfandtherespond.entshereinhaveamicablysettledthematter in the light o1'the terms and cond'itions mentioned supra' Therefore it is prayed belore this Hon'ble Court to permit us to enter in to a compromise ir accordance to law' Hence this memo' Stands verified on January2O24 at this HYderabad- DaY Of Place: HYderaba.d Date: 28-07 -2025 ' =4t'A4l's+- Counsel for P:titioners Ae* (PtrTITIONER x\rttthTA TuTr,rrft 3s q ru\\S13' Counse for Respondent PONDENT) R Au7W N0,J h&r,* (et7or"'5s''T I Au-ttrEo uo'L kSpo* Oe*r f A-"^w'No'J

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