The High Court · 2025
Case Details
Acts & Sections
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 stay of all further proceedings in c.c. No. 9426 ot 2024 against the Al and A3 on the file of the Xlll Additional chief Judicial Magistrate, Hyderabad, in pursuanc,e of the compromise as withdrawn against the Petitioner/Accused. t.A.No. 3 OF 20252 This Petition filed under Section 359 of BNSS., praying that the Hon'ble High Court tnay be pleased to permit the petitioner to file the Compromise Petition in view of the comprornise between the parties in connection with the c.c.No.9426 ot 2024 against the A1 & A3 on the file of the Xlll Additional chief Judicial Magistrate, HYderabad. l.A.No. 'l oF 20205: Between: SYEDIT HASHMATH HASHMI, D/o Late Syed Hashim Hussain Wo Mohd Abdul tGaliq, Aged 42 Years, Occ. Housewife, R/o H No 9;l!{17, Dream city colony, neai Na-khshatra colony mandal, Mandal Jallpally, KV Rangareddy' T.S. Petitioner / Respondent No.2 AND 1 . The State of Telangana, Through WPS, Begunnpet, Hyderabad Represented by its Public Prosecutor, High Court at Hyderabad. ..... RespondenUComplainant
2. MOHAIVIMED ABDUL KHALIQ,, S/o Mohammed Abdul Aziz, Age. 42 yrs, Occ. private Employee, R/o H.No. 8-2-6021111, Road No.10, Masjid Rahamath, Zehra Nagar, Khairtabad, Hyderabad.
3. MOHAMIVIED ABDUS SAMI,, S/o Mohammed Abdul Aziz, Age. 34 yrs, Occ. Private Employee, R:/o H.No. 8-2-602/1/1, Road No.10, Zehra Nagar, Banjarahills, Khairtabad, Hyderabad ...PETITIONERS/ACCUSED No.l & 3 This Petition filed under Section 359(2) R/w Section 528 of BNSS., praying that the Hon'trle High Court may be pleased to RECORD the petitioner to compromise f,rr quashing the criminal case against Respondent No.2 & 3 / accused No.1 & 3 in C.C.No3,4fr ot 2O24 against the A1 & A3 on the fib of the Xlll Additbnal Chiref Judicial Magistrate, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upo{r hearing the arguments of Sri MOHAMMED AZEEM, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 The Court made the following: ORDER i I I' I I ! ! i i I : HON:BLE SMT. JUSTICE TIRUMALA DEVI EAOA !.A.Nos.3 and 4 ol 2025 in/and CRIIUINAL PETITION No.9947 ot 2O25 4 ORDER: It is submifted by leamed @unsel appearing for the petitioners-accused Nos.1 and 3 as well as the respondent No.2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, l.A.Nos.3 and 4 of 2025 have been filed to record the compromise between them and to compound the offences
2. Mde order dated 05.08.2025, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court for,the State of Telangana, Hyderabad, for I I identification and to submit a report
3. 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 submitted a report, dated
13.08.2025 rrnd the same is placed on record.
4. ln view of the above, l.A.Nos.3 and 4 of 2025 are allowed. Consequently, this Criminal Petition is allowed and the proceedings in C.C. No.9426 ot 2024 on the file of the Xlll Additional Chief Judicial Magistrate, Hyderabad, ,against the petitioners-accused Nos.1 and 3 are hereby quashed subject to 'lhe petitioners-accused Nos.1 and 3 paying an amount of t I i I t I I !: : ,, Rs.5,000/- (Rupees Five Thousand only) to the secretary, Legal services Committee, High Court for ffre State of Telangana, Hyderabad and Rs.S,OOO/- (Rupees Five Thousand Only) to the Telangana H'igh Court Advocates Association, Hyderabad, within a period of two (02) weeks from today and file proof of the same before the Registry. Miscellaneous applications, if any pending, shall stand closed. SD'. A.PRATHIMA DEPUWREGISTRAR i !\ \ To, //TRUE COPY'/ OFFICER
1. The XlllAdditional Chief Judicial Magistrate, Hyderabad. 2. One CC to SRl. MOHAMMED AZEEM Advocate IOPUC] 3. One CC to THE PUBLIC PROSECUTOR, HIGH COURT, HYD [OUTI 4. Two CD Copies (Ecnclosed a copy of the joint memo) Note: TotalAmount of Rs. 10,000/- ( Rupees Ten thousand only ) has beenpaid by Sri MOHAMI,IED AZEEM, Counsel for the Petitioner as directed bythe Hon'bb Court vide order dated 26.08.2025 as Rs. 5,000/- ( Rupees Five thousand only ) 'to the €ecretary, Legal Serv'rces Committee, High Court for the State of Telangana, Hyderabad, and Rs. 5,000/- ( Rupees Five thousand only ) to the Telargana High Court Advocates Association, Hyderabad and filed Memo as proof of complianoe USR No. 95163 ot2025 dated 04.09.2025. ASR^'% HIGH COURT DATED:2610812025 ORDER l.A.No.3&4OF2025 IN/AND CRLP.No.9947 of 2025 o C) I * THE S 2 I Jril 2026 ,-\.'; ,y' 't I ALLOWII{G THE I.A.Nos.3 & 4 OF 2025 AND CRLP \ ! i I Ir 'I i a c t ! I I , i I : i i : !t ! I : I : : t L: IN THE HIGH CO9RT OF JUDICATURE AT HYDERABAD FoR rHE srArE or iErlncANA r.A No: of 2o25 \ In cRL.P.No. q1q T of 2025 Betweenl-
1. MOHAMMED
2. MOHAMMED ABDUS SAMI, S/o Mohammed Abdu t pglii, -' yrs, Occ: private Emptoyee, tg"i .31 ry9 H.fS. B:Z-6O21UL, noaO-w-o.iO, Zehra Nagar, Banjara hillr, f f,airtuiad, Hydera bad.
1. I,. State of Telargana, A N D ]hrough WpS, Begumpet, Hyderabad [gqqenteO by its pubtic' prosuirtor, H(7h Court at Hyderabad .....Petitioners/Accused No. 1, & 3. .....Respondent / Conrplainant
2. SYEDA HASHMATH HASHMI, D/o tate Syed l-lashim Hussain wo tvtoM Abdut Khatkl, Aged 42 years, Occ: Housewife- R/o near l,lakhshatra cotony mandal, Mandal Jallpally, KV RangBreddy, T.S. Lry:9-LZSlt7, Dream city mtonn Respondent/Defacto-Corn pla i na nt Contd...P/2 il2ll MEMORANDUM OF JOII{T COIIfPRO}IISE ItfEMO FILED BY THE PARTIES 1. It is submitted that, this quash petiUon is filed praying this Hontle court to quash the C.C. 1{o. 9426 of 2024 against the A1 & A3 on the file of the XIII Additional Chief ludicial Magistrate, Hyderabad in which Petitioners names are shown as accusecl No. 1 & 3, First petitioner and respondent No.2 were married on 15-10-2014 at l-lyderabad , in accordance wisl Muslim Rights and Customs. The marriage was an arranged marriage and the marrlage uras consummated and they are no issues out r)f the wedlock.
2. Whereas ttle marriage, due to some mis-understanding arose bewveen the petitioner No.1 / ,A-1 and Respondent No. 2 herein and both the petltioner No. 1 and respondent t{o.2 already taken mutual divorce and executed MOU dated :
23.07.2025.
3.) The respondent No.2 has filed a criminal complaint bearing F.I.R. No. 119 of 2024 dated: 06.05.2024, the said FIR is registercd for the offences punishable under section. 49t|(A), 406, 506 of IPC, and after completing investigation charge sheet was filed against the petitioners/A-l & A-3 herein and numbered as C.C. No. 9426 ol 2O24 and cognizance was taken for the offence punishable U/sec 498(A), 406, 506 of IPC,., by the Hontle XIII Additional Chief judicial Magistrate, Hyderabad against the petitioners/A-l & A-3. Contd...P/3 ! I I I I I a i i I I I I I I i ! ! ,. I I I I Ir / : l I i I I t I I i : '- fi3il 4. That tfle petiuooers subrnit that as the disputes that arose bet\^,een tfie petitioners and the rcspondent l,lo. 2 is rcsolvEd, respondent fllo.2"dcsn,t want to cortinue the criminal poceedings as sucfi the present quash petition is filed by the parties praying this Fkonue court to qmsh tfre cc. tyo. 9426 of 2024 against the Al & A3 on the file of the )oII Additkmar chief Judiciar Magistrate, Hyderabad. It is submitEd trat, in view of the above submissions this Hon,ble court may be pleased to quash the c.c. No. 9426 of zo24 against the A1 & A3 on the file of the XIII Additioflal chief Judkial lvlagistrate, Hyderabad and to pass strch other order or orders as this Honble crurt may deem fit and proper in the interest of justice, for which the respondent No.2 has no objedion. Date uy\"'lr"rrr Place: Hyderabad. Counsel for petitionerc. lCounsel No.2 r& Petitioner No.1 /A-1 Petitioner No.3 /A-3 Respondent No.2/ Defacto complainant I I HYDERABAD DISTRICT HIGH COURT :: AT HYDERABAD I.A No: of 2025 In CRLP.No. of 2025 JOINT MEMO FILED BY THE CoMP|-AINANT / SECONp RESPONDT{T FILED ON oY o8 ,nx FILED BY: MOHAMMED AZEEM(16018) Advocates & Associates, Hvd. Counse! for pbtitioners/ A-1 & A-3. MD KHALEEL PASHA (2s780) Advocate Counsel for Respondent No: 2 9949118312 i i l ; ; i t I I