The High Court · 2025

Smt Arshiya Firdous, Wo Abdul Wahed, Aged 33 yrs., Occ: Householcl, R/o H.No. 4-166/9/2, Akbar Colony, Shamshabad, Rarigareddy District, TG. ...RespondenUComplainant ...Respondent No.2/De-facto Complainant Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to quash the DVC No.68 of 2020 pending on the file of the lll Metropolitan Magistrate at Hyderabad. l.A. NO: 2 OF 2024 BETWEEN: Smt Arshrya !i1dous, Wo Abdul Wahed, Aged 33 yrs., Occ: Household, R/o H.No 4-166/9/2 Akbar Cotony. Shamshabad, Rarigareddy District, TG.' ...Petitioners/Complainant AND 1 2 3 4 Ihe State of Telangana, Rep by through the public prosecutor, High Court of Telangana, at Hyderabad. ...RespondenUComplainant Abdul Wahed, S/o Abdul Rasheed, Aged 44 yrs., Occ: private, R/o H.No. 19-2-111129, Bilal Nagar, Kalapather, 85hadurpura, Hyderabad Abdu Rasheed, S/o Late Shaik Fareed, Aged 60 yrs., Occ: Business, R/o H.No.19-2-1 1I129, Bllal Nagar, Kalapather, Bahadurfiura Hyderabad. Mghammgd Moin, S/o Abdul Rasheed, Aged 35 yrs, Occ: private, R/o H. No. 1 9-2-1 1 I 1 29. Btlal Nagar, Kalapather, Bahadurpura, Hyderabad. lgh.qrymed Abdul Fahad, S/o Abdul Rasheed, Aged 40 yrs., Occ: private, R/o H.No '19-2,111129, Bilal Nagar, Kalapather, Bahidurpurb, Hyderabad.

6. Mohammed Household, Hyderabad. Abdul Nawaz, S/o Abdul R/o H No. 19-2-1th29. Btlal Rasheed, Aged 32 y Nagar, Kalapather, Bah rs., Occ: adurpura, ... Respondents/Petitioners Petition under section 359(2) of BNSS praying that in the circumstances stated in the affidavit filed alongwith petitron, the Hrgh court may be pleased to record the Compromise in DVC No.68 of 2020 pending on the file of lll Metropolitan Magistrate at Hyderabad against the respondenis in the interest of Justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of crimrnal Petrtion and upon hearing the arguments of sri Khaja Azharuddin, 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 HON'BLE SMT. JUSTICE JUVVADI SRIDEVI I.A .No.2 of 2024 in/and CRIMINAT, PETITTON No.1 l3l5 of2024 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/respondent Nos'l to 5 to quash the proceedings against them in D.V.C'No'68 of 2020 on the file of III Metropolitan Magistrate at Hyderabad'

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, l'A'No'2 of 2024 has 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, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report. . 2 i

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

5. In view of the above, I.A.No.2 of 2024 is allowed. Consequently, this Criminal petition is alktwed and the proceedings against the petitioners/respondent Nos.l to 5 in D.V.C.No.68 of 2020 on rhe file of III Merropolitan Magistratc at t{yderabad, are hereby quashed. Miscellaneous applications , if any pending, shall stand closed IITRUE COPY/I ^r.:3fiiY,l=HsLffA$ / CTION OFFICER To,

1. 2. J 4 5 +[""'3 J,",':",'.: iil [?J:S:: ;l ?'ffi '3:ii to r the s tate or re ra n g a n a a t lli"fs li 13;iun'*'*t:ffi r AtJ is?i ti *' "' Two CD CoPies ADI(gh @ Along with a copy of Joint Memo of Compromise l i I I II t I I I I ! ; HIGH COURT DATED:2210112025 t COMMON ORDER l.A.No.2 of 2024 ln/and CRLP.No.11315 o12024 -,.-a.' ..1' ,4' A- 2 5 illltl 2[25 \l t .,frO i--. ((' ( z oI ALLOWING THE CRLP AND IA.NO.2 OF 2024 \\ ,'l IN THE HON'BLE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD Crl.P.No. of 2023 DVC No.6B of 2OZO (On the fite of Hon'ble lll MM cout at Hyderabad.) Betvveen:

1. Abdul Wahed S/o Abdut Rasheed Aged 44 yrs, Occ private 2. Abdu Rasheed S/o late Shaik Fareed Aged 60 yrs, Occ Business

3. Mohammed Moin S/o Abdul Rasheed L Aged 35 yrs, Occ private

4. Mohammed Abdul Fahad S/o Abdul Rasheed Aged 40 yrs, Occ private ( v

5. Mohammed Abdul Nawaz S/o Abdul Rasheed Aged 32 yrs, Occ Household AII R/o H.No.19 _2_11/ t2g Bilal Nagar, Kalapather, Bahadurpura, Hyderabad ,/ And Petitioners/respondents No. 1 -5

1. The State of Telangana, Rep. by through the public prosecutor, High Court of Telangana. at Hyderabad.

2. Smt Arshiya Fiidous Wo Abdut Wahecj ..Respondent/ Complainant Aged 33 yrs, Occ Household R/o H.No. 4-166/9/2, Akbar Colony, SnamsnabaO/ Rangareddy District TG Respondent no.2l de Facto complainant J INT EM F LEDBY THE PETITIO NER AND H RESP o DENTN 1. o.2 It is sub mifted that, the Respondent No.2 has lodged a complaint against the Petitioners who rs arrayed as respondent in DVC No.6B ot 2020 t l I i I 1 J \ I i l 2 J 4 PCNdiNg ON the fiIC OF HON'bIC III METROPOLITAN MAGISTRATE A Hydera bad. That the Respondent No.2 / Defacto Complainant due to the intervention of elders and we' wishers without any coercion and undue infruence she came forward to withdraw the said case against the petitioner. That the matter has been setfled out of court upon the intervention of elders and well wishers and hence the respondent no.2 also don,t insist or press the above case against the accused and withdraw the above case. That the petitioners and respondent no.2 herein arrived io compromise for an amicable setUement and further we mutually decided that accused no.1 shall accept for Khura divorce (mutual consent divorce) and we wi, rive separately here after .and both the parties i.e. de facto compla ina nt/respondent no.2 and petitioner no.1/accused no.1 shall appear before the concerned Qazi and comprete the offering and acceptance of Khula divorce formalities on the same date of hearing of this case/quashing. EJ 6 Further it is agreed that in consideration, the petitioner no.1 is paying the respondent no.2 an amount of Rs 2,00,000/_ (rupees rwo lakhs only) towards final setflement compensation amount and the respondent no.2 agreed that she will withdraw the DVC case and criminal case both. They have further decided not to File any criminal cases against each other in future and hereafter the petitioners are not liable to pay any maintenance or any amount for the respondent no.2 or their children and the respondent no.2 shall not claim anything from the petitioners in future, as such the amounL of Rs 2,00,000/- paid is full and final amount. l 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 euash in DVC No.68 of 2020 pending on the file of Hon'ble III I4ETROPOLITAN IVTAGISTRATE AT Hyderabad. Otherwise both the parties will suffer heavy and irreparable loss and injury if the said Criminal proceedings are not quashed and continuation of the said criminal proceedings will_ serve no purpose. Therefore the above quash petition is being filed to quash the said charge sheet. For the reasons stated above, it is thereFo!-e prayed that this Hon,ble Court may be pleased to Quash DVC No.6B of 2020 pending on the file of Hon,ble III METROPOLITAN MAGISTRATE AT Hyderabad against the petitioners/respondents, in pursuance of the compromise as withdrawn, in ine interest of justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. It is subrnitted that the Petitioners and ihe Respondent No.2, has compromised the matter in connection with in DVC No.6B of 2020 pending on the flle of Hon'ble III METROPOLITAN MAGiSTRATE AT Hyderabad against the respondents, out of the court and the Respondent No.2 does not want to prosecute the matter any further and to this efFect a separate compromise petition is also filed. Hence it is prayed that this Hon.'ble Court may be pleased to quash the CC No.12951 of 2020 pending on the file of Hon'ble XV ADDITIONAL CHiEF METROPOLITAN 1 \ : s'l#L MAGISTRATE AT Hydr:rabad in the interest of justice and pass such o'der as this a Hon'ble cout deems fit in the interest of justice. Hence this Joint Memo. Hyderabad Dt: -08/2023

1. Abdul Wahed /respondent No.1 19(

2. Abdul Rasheed /respondent No.2

3. MOin /respondent No.3

4. Mohammed Abdul Fa had/respondent No.4

5. Mohammed Abdul Narraz / respondent No.5 Smt Arshiya Firdous /respondent no.2 nse I for Pe ners/respondent I J I fl.+=. 'or Respondent No.2 Counsel