The High Court · 2025
Case Details
Acts & Sections
2. Mrs.Tamkeen Afrooz, Wo. Mirza Ahmed Baig, D/o. Late Abdul Lateef, Aged about 37 years, Occ. Household, R/o. H.No 8-3-1691521b, Ganga Nagar, Sri Ram Nagar, Khairtabad, Hyderabad. ...RespondenUDefacto-Com plaina nts 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 proceeding in CC.No.521512024 pending on the file of -F7 Xlll Additional chief lvetropolitan Magrstrate, Hyderabad against the petitioners in the interest of justice l.A. NO: 1OF 2025 Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petitior. the High court may be pleased to stay all further proceedings, including .lha appeJrance of the Petitioners in cc Nc 521512024 pending on the file o: Xlil Additional chief Metropolitan Magistrate, Hyderabad. l.A. NO: 3 OF 2025 Between: h/trs.Tamkeen Arfrooz. Wo. Mirza Ahmed Baig, D/o. Late Abdul Lateef, Aged about 37 years, Occ. Household, R/o. H. No.8--3-1 69l12,.ilt, Ganga Nagar,bri Ram Nagar, Khairtabad, Hyderabad. ...Petitioner/Respondent No.2 in l.A.Nos.3 and 4 of 2025 AND 1 2 J The State of Telangana, Rep. by its public prosecutor High Court of l elangana. Hyderabad. ^Rep, .RespondenUComplainant in l.r\.Nos.3 and 4 of 202S Mirza Ahmed Baig, S/o. Late Mirza lsmail Baig, Agec about 4g years, Occ. Service at Abroad, presently residing at Du5ai,"R,o ff Nfo f g'_S_ZSiZ3lE, Mahmood. Nagar, Kishanbagh, (Husband of Fl.l!o.2) Bahadurpura, 'tsmait p Asiiyi qy.fis G.PA Holder Sister, Mrs. Asfia Hyderabld lsmail . @ Roohi, Wo. M9!d. -{slqm Ati, Aged about 38 yeirs OiC Household, R/o. H.No.19-3-294t264tRt54 - 8655 Roshah Cofony, Mailardevpally, Rajendranagar, Rangaredd District. [r9 H{eez ,Unnisa ,Begum, Wo. Late Mirza lsmarl Eiaig, Aged about 79 years Occ Household. R/o. H.No.19-3 -29412641R154 l(i55. Rdshan Cotonv Mailardevpally. (Mother in law of R.No.2) Raiendranacra r R R DisJ R;- ri, lr9r,9 P,A, Holder/Daughter Mrs. Asfia lsmail @ Asfiya't:;mail @ Roofri-Mol !]g.l!.4:tl, Ali, Aged abour 38 years, Occi Houlerord, nE H No re_J_ 29412641R154- 8655, Roshan Cblony, Maitardevpa ty Ra;enJranagai Rangareddy District.
4. Mrs. Asfia lsmail @ 38 years, Occ. H 29412641R154 and Rangareddy District Asfiya lsmail @ Roohi, Wo. Mohd qstam Ali, Aged about ousehold, (Sister in law of R.No.2) R/o H:No.19_3_ 55, Roshan Colony, Mailardevp,ally, Rajendranagar, ...Respondents/A.No.1 to 3 in l.A.Nos.3 and 4 of 2025 Petition under Section 359 (6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to permit me to compromise the case cc. No. s?- t i.t2ozi on the file of Xlll Additional Chief Petitioners/A. No. 1 to 3 l.A. NO: 4 OF 2025 Metropolitan Magistrate, Hyderabad, against the Petition under Section 359(2) BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to compromise to permit the case in cc No 521s12024 pending on the file of Xlll Additional Chief Metropolitan Magistrate, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the argumenls of sri KHALED BIN SAYEED, Advocate for the Petitioners and the Sri Jithener Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No. l, and of Sri Syed Mahmmod Ur Rahman, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER -,,,,yW ,'/ / THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA l.A.Nos.3 and 4 oi 2025 in/and CRIMINAL PETITION No.11236 ot 2'025 COMMON ORDER: 1. This Crirninal Petition is filed under Secti()r 528 of BNSS, 2023 seeking to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.5215 of 2024, on the file of XIll Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offence under Section 498-4 of IPC
2. lt is submitted by learned counsel for the petilioners as well as respondent No.2/defacto complainant that during pendency of the present Criminal Petition, the parties have comprorised the matter and accordingly, l.A.Nos.3 and 4 of 2025 have bec.rr filed to record comprom rse
3. The learned Assistant Public Prosecutor has opposed the compromise petition.
4. Since the parties were willing to enter into compromise, they were given a chance to settle the matter by appe;aring along with their reppective counsel before the High Court Legal Services 2 ETD,J Ctl.P.No.11236 2025 Committee for the State of Telangana ylde orders dated 02.09.2025 passed by this Cou( and the Secretary, High Court Legal Services Committee is directed to submit a report to that effect.
5. Pursuant to the above said direction issued by this Court, the parties along with their respective counsel have appeared before the High Court Legal Services Committee for the State of Telangana and the Secretary of the above said Authority identified the parties and submitted a report dated 09.09.2025 stating that the parties were identified and they have willfully, without any coercion, entered into comprom ise- 6, ln view of the above, l.A.Nos.3 and 4 of 2O2S are allowed. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.5215 of 2024, on the file of Xlll Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed subject to the petitioners paying an amount of Rs.5,0001 (Rupees Five Thousand Only) to the Telangana High Court Bar Association, Hyderabad and Rs.5,0001 (Rupees Five Thousand Only) to the Telangana State Legal Services Committee, Hyderabad, within a period of two (02) weeks from today and file proof of same before the Registry. \ \ 3 ETD,J 0l.P.No-712i6 2025 \ To, 7 . Miscellaneous applications, if any pending, sh all stand closed Sd/- AHIJII=D ABDULLA KHAN ASI;ISTANT REGISTRAR .? (_? SECTION OFFICER //TRUE COPY//
1. The Xlll Additional Chif Metropolitan Magistrate at Namci:lly, Hyderabad 2 The Station House Officer, WPS West Zone Police Statron, Hyderabad. 3. Two CCs to the Public Prosecutor, High Court for the S-ate of Telangana at Hyderabad [OU1-]
4. One CC to Sri Khaled Bin Sayeed, Advocate [OPUC] 5 One CC to Sri Sved lvlahmmod Ur Rahman, Advocate C)PUCI 6. Two CD Copies (Along with copy of Joint Memo enclosed herewith) Note: Total Amount of Rs. 10,000/- ( Rupees Ten thousand orly ) has been paid by Sri Khaled Bin Sayeed. Counsel for the Petitioner as directe,l by the Hon'ble Court vide order dated 19 09 2025 as Rs.5,0001 ( Rupees Five thc,usand only ) to the "Director of Sainik Welfare, Hyderabad, and Rs. 5,000/- ( Flr.rpees Five thousand only) to the Telangana High Court Advocates Association, Hyderabad and filed Memo as proof of compliance USR No 10B41 1 of 2025. NVB/I}SR d HIGH COURT DATED:1910912025 COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/And CRLP.No.11236 ot 2025 .J1), ti .: .. _,. ] t, I ! 17 ii:v iY6 ,, n -,.?. - ii' ALLOWING TFIE CRIMINAL PETITION /\ND I.A.NOS.3 AND 4 OF 2025 @ EI r) t5 l\ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERBAI) LA.No oF 2025 CRL.P.No IN l143L IN oF 2025 CC. No, 5215 OF 2024 (On the file of Xltl Addt. Chief Metropolitan Magistrate, Hyderabad) Betu,e e n:- Mrs.Tamkeen Afrooz W/o. Mirza Ahmed Baig, D lo. LaLe Abdul Lateef, Agcd aboutt 37 years, C)cc: Household, R/o. H.No.8-3 - 169 I 52 / b, Ganga Nagar, Sri Ram Nagar, Khairtabad, Hlrderabad. AND 1, The State of Telangana, Rep. by its Public Prosecutor, High court of Te langana, Hyderabad. . Petitioner/ Respondent No.2 .. Respondent/ Complainant
2. Mirza Al-rmed Baig S/o. Latc Mirzzr lsmzril Baig, Aged about 48 years, Occ: Service at Abroad, presently residing at Dubai, R / o. H. No. 19 -s-29 / 23 / E, Mahmood Nagar, Kishdhbagh, Bahadurpura, Hyderabad. Rep. by' his G.P.A. Holder/Sister Mrs. Asha Ismail @ Ashya lsmarl @ Roohi, W/o. Mohd. Aslam AIi, Aged about 38 years, Occ: Household, R/o. H.No.19-3-294/264 lR/54 & 5s, Roshan Coiony, Mailardevpally, Rajendranagar, R.R. Dist. r 4Trl Y-e-e,a l(r $
2. Mrs. Hafeez Unr-risa Begum, I"V/o. Late Mir-:za Isrn:ril Baig, Agcd about 79 vc:rrs, Occ: Fft>usehold, It/o. H.No.1() .3 2()ll2(A /R/Szt & 55, Rosltan CoLrn- . ,j rularr lcr.prrll-r., Iiajendranag,rr. R.l{.1 )isr . Rep. by her (]. P.A. Holdcr/ Derr-rghter Mrs. Asfia Isnr.,Lil (r7 Asliya Ismail (n) Rool-ri, W/o. Mohd. {rl rrrr .Ali, Aged about 138,1.cars, C)cc: I{ousehold, I?/o. I{.No.19 i\-2(t112(tt /R/54 &. .5S, Roshan Cokrtr, Mailarrlcr.pall,r,, llajcnd re naii:rr. R. R. Dr:r.
3. Mrs. Aslia Isn'r:,il (r) Asliva Ismail (i.t) Roohi, W/o. Mohd. Asl,rrrr AI , Aged about ll8 t.c:trs, Or:c: Horrsehold, R/o. H.No.\<) 3 2()4 126.+/R/54 &.55, Roshan Colorr.y Mirilarrlevpallv, Rajendranallar. Il. R. Dist. JOINT MEMO Rcspoirclents/A.No. 1 to 3
1. It is subinitrccl that thc pelitioner/ Resl)ond: I I t No.2 lodged a complaint rvith tltc p.lice WpS, West Zone, F{r,clerab::c l;asi,g on rvhich a case in Cr. No. aig 12024 r"r'irs registerccl lor the o[fc.n<:t. U/s. 49g-A of IpC against the Responclc nts/ Acc usccl No. 1 to 3. Sultsrc|.rc:ntl]. charge sheet r,ras lilecl .rnd tll,i s,lrno \\.Lts n,rnlterecl as CC.No.52 l:;1,JO2.1 pendi.g on the filc of XIII A<lrll. Clrref X4cLropoirtan Magistrate, IJr-r lc r-abacl ,2 It is submitte,l that clrlring the pendenc, of the .. ltove c-ases, on the tntcrvention of cldcrs ald q,ell wishers t6e r tirtter has been compromised betrveen thc r)ctitit>ner/Re spo.crent N..r.r and the Accused No.1 and both czLmt: to a couclusion to get scparate frcm ezrch other by 'fa,tPro.^ Oc\ I A 17 walr of Khula divorce, accordirlgly a Memorandum of Understanding has been executed on -OA-2O25 It is fltrther st-lbmitted that as per- the clause No.2 of Memorandum
3. of Undcrstanding, dzrLed: -OB 2025 ' the Petitioner/ Respondent No 2 agreecl that she will rt'ithdraw thc criminal case i.e. CC No'52'15/2024 on the lile of XIII Addl. chief Metropolitan Magistrate, Hyderabad which is pending against thc Accuscd persons by hling compromise/Quash petition.
4. That, in vicu' of the compromise, the Petitioner/ Respondent No 2 does not u'ant to proceed u'ith the criminal case u'hich is pending against the Accuscd No.1 to 3. Therefore it is pral'ecl that this Hon'ble Court may be pleased to permit the Petitioner/ Responclcnt No.2 and the Respondents/ Accused No.1 to 3 lo comprornise thc case in CC.No.52 15/2024 pending on the file of XIII Adcll. Chicl Metropolitan Magistrate, Hyderabad and to pass such other order or orders as this Hol-r'ble court may be deems fit and proper in the circumstance s of the case. 1 )w 2 ar\ k e{-\ I 6o l8 I o1# -fqrylt"o.^,,l Si11r rr urre ol R-No.2 4k +-- L'oLr n:r, L foll R-5t(i:2 3 ry.v k\e. S(6{r.rt ,9P eH. lrrc of ,\ lio.1 to ,3 Courr-r scl r A.No.1 to 3 HYDL]RAt]AD Dated 2$ -os zo'zs