✦ High Court of India · 02 Jan 2025

The High Court · 2025

Case Details High Court of India · 02 Jan 2025
Court
High Court of India
Decided
02 Jan 2025
Bench
Not available
Length
1,271 words

Petition under Section 482 Rlw- 320(2) 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 the FIR NO.46/2024, dated 09.01.2024 on the fite of Police Station Dundigal, by compounding the offence in terms of compromise in the interest of justice. l.A. NO: 3 OF 2024 Petition under Section 320(6) of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitron,the High Court may be pleased to permit the petitioner to compromise the case in FIR NO. 4612024, dated 09/01/2024 on the fite of poltcE srATtoN DUND|GAL, by compounding the offence in terms of compromise. l.A. NO: 4 OF 2024 Petition under section^pr?9(2) of BNSS praying that in the circumstances stated in the Joint Memo fite{with the petition,the High court may be pteased to compound the epdr *M.. t*m geryrec*Sa offences registered in FIR No. 4612024, dated o9t01t2024 on the file of police station dundigal in terms of compromise and consequently quash the FIR No. 4612024, dated oglo1t2o24 on the file of police station dundigal. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri Ravish Kedia, Advocate for the Petitioner and the public proselutor on behalf of the Respondent No. 1 and of sri J. c. Francis, Advocate for the Respondent Nos.2 to 5, The Court made the following: ORDER E I , ,/ THE HONOURABLE SMT. JUSTICE JUYVADI SRIDEVI INTERLOCUTORY APPLICATION Nos.3 &,4 of 2o24 IN/AND CRIMINAL PETITION No.13447 of 2024 COMMON ORDER: This Crimina-l Petition is filed under Section 482 read with 320(21 of Cr.P.C. by the petitioner- complainant seeking to quash the proceedings against respondents-accused Nos.2 to 5 in FIR No.46 of 2024 of Station House Officer, P.S. Dundigal, registered for the offences under Sections 463, 464,419, 506 read with 34 of the Indian Pena] Code.

02. It is submitted by learned counsel appearing lor the petitioner as well as respondent Nos.2 to 5, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I.A.Nos.3 & 4 of 2024 h.ave been filed to record the compromise between them and to compound the o llence s.

03. Vide orders dated 06. 12.2024, this Court directed the parties along with their respective Iearned counsel to appear before the Secretary, High Court Legal Services Committee, High Court for the State ol 2 Telalgana, H.yderabad, for identification and to submit a report.

04. Pursuant to the above said direction rssued by this Court, the parties have appeared and the High Court Legal Services Committee, has the parties and submitted report dated Secretary, identified

23.12.2024 and the same are placed on record. OS. [n view of the above, I.A.Nos.3 & 4 of 2024 are a-llowed. Consequently, this Criminal petition is allowed and the proceedings against the respondents_ accused Nos.2 to 5 in FIR No.46 of 2024 of Station House Officer, p.S. Dundigal, are hereby quashed. As a sequel, miscellaneous pending, shall stand closed. applications, if arry //TRUE COPYII Sd/- L. VIJAYA LAXMI AS SISTANT REGIS TRAR TION OFFICER To, l The V',r Metroporitan Magistrate, cyberabad at Mecrchar, Medchar District. 2. The Station House Officei, Dundigjf p"ri* ilibn, CyberaUaa Diskict. Prosecutoil'il ;;,;i;',n" ,,r," or reransana at ' Iffi":fi:",Jt".Pubric 1 9n. CC to Sri Ravrsh Kedia, Advocate tOpUCl I 9n. CC ro SriJ C Francis, AOr..rj" fb"pftl, 6. Two CD Copies nemo of comPromise) Plp/gh Fv (along with the coov of r /s"' li I.1 \.-+ n Tnc ;1 oYr "t 'tg ff0 ?ffi t f,( P 2 P4rc fi!:D * ... -l z ) t) 931Vd + Oa 9ZIZ ,=;t o J V s? H! + a- lS ) HIGH COURT' DATED:02101t2025 COMMON ORDER l.A.Nos.3 and 4 of 2024 CRLP.No.13447 of 2024 ALLOWING THE CRL.P. AND BOTH THE l.As. q( .f"a \q- ,il--.--rus t: \t IN THE HIGH COURT FOR THE STATE OF TE[ENGANA AT HYDERABAD I.A,NO. CRL.P.No. oF 2024 jqqT oF 2024 BETWEEN: SK lafar S/o Late Shaik Basho Miya, Aged About 67 years. Occ M Employee, R/o H.No. 7-!-!2t, Ferozguda, dutham Nagar; ... Petitioner/Respondent,/ Defacto Complainant AND

1. The state of Telangana Rep By Public prosecutor, High court Buildings, Hyderabad

2. D. Arjun goud S/o Srinivas Goud Aged 30 years, Occ Employee, Yq. T. ry:. 44-3, Rajivg ruhakatpa, Suraram Cotony, Quthbullapur, Medchal-Malkajgiri Distn:ct

3. Salnra Begum W,lo t4D /rshavaq Ali, Aged 42 years, Occ Hous.:wi,.e, R/o H.no. t-2-4518, Fathe n.:igar, Medak Dishict

4. Md. Mohammed S/o Not knourn Aged major, Occ Business F</o Plot No. 23. Jeevan Jyotfri Nagar, Surarm Colony, leedimetla, t2uthbullapur, Medchal malkajgiri District

5. Ashwak S/o Mukhtar Age Major, Occ Business R/o H.no. 28-594/B/E.F.. Krtichi Colony, Saibaba Nagar colony, IDA Jeedimetla, Quthbullapur, Medchat Malkirjgir: District. ... Respondents/ petitioners / Accused I j i Ir I t I -( rI ,OINT MEMO May it please your loidship, , -;; .:;,i:.ry:T: It is to submit that the aritan-+i^^ ^. -, 1' respondent ;; himsetf with the hetp respondent ." , ,;;;. d; and respondent no 3 & 4 supported them. l,'l .1.': '1: ,,, L:':..Jjl;"H# t. u,,lof{r ,1 - , , . ,l i la,:l..,riir,,, ., It is submitted that petitioner

2. POUCE STATION DUNDIGAL against the respondents (Accused No. I to 4) and police registered a FIR vide FIR]trjCi. 46/2024 dated 09.01 .2024 against the respondents herein'fcii Offences punishabie Under Sec.463,464,419,506, 1s6(3) crrc. elder:s of the both ,u*u. ,n" court. That due to the ,r" ,]u** withdraw .r,. .;;;#'":t:lt intervention of the well-wish* una the mafter amlcably out of the the petitioner came forward to t' 'l :- : !; It is submitted that the mafter is setfled out or tne .or1. in" .,i petiboner is ready to withdraw the case ur",nO *u'.urpondents ,, considering all the above circrrrrr<.,^^^^ .._'-" this Hon'ble court may bu pleased to permit the *r,o,tt"*untes the procee(inss ; ;ffi:-ff:::ff I,ff ;;irH.J of poucE srAnoll n,,*^,-^] DUNDIGAL' otherwise the : their family members wilt sutrer respondents/pe,,r,".". ineparable loss. '".: ''' t vr'wl.zvz1 " j'o l :l '' , /- ,cl I z-' It is therefore prayed that this Hon,ble Court may be pleased to record the compromise statement of the petitioner and quash the FIR NO. 46/2024, dared 09.01.2024 on the fite of pouCE STATION DUNDIGAL, in theinterest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. Hence, this Joint Memo. Hyderabad DATE: ( , Petitioner Co 1 &\ z. Sot ma 3i. (\Afi/!lplr..-- 4 V-6 Respondent -r-C- Counsel for F.espondent I l I

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