✦ High Court of India · 13 Oct 2025

The High Court · 2025

Case Details High Court of India · 13 Oct 2025
Court
High Court of India
Decided
13 Oct 2025
Bench
Not available
Length
1,876 words

Petrtion under Section 528 of BNSS praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petitron, the High Court may be pleased to stay all further proceedings in the C.C.No.2355 of 2025 against the Accused on the frle of the XI Additional Judicial [Vlagistrate of First Class at Ralender Nagar. I.A,Nos.3 and 4 of 2O25 l.A. NO: 3 OF 2025 Petition r,rnder Section 359(2) of BNSS praying thal r the circurnstances stated in the [\,4ernorandunr of Grounds of Criminal Petrtion, tlr Hiqh Coud may be pleased to permrt the Petrtioner to file the Compromise P: ition in vrew of the Compromise between the partaes rn connection wrth the O (. No. 2355 of 2025 against the Accused on the file of the XI Additional Judicirr fvlagistrate Of First Class At Rajender Nagar. for the offences under Section B5 o BNS, in the interest of lustice. l.A. NO: 4 OF 2025 BETWEEN: smt. Munawar Sameena, Wo tt/d. Rafeeq uddrn Age 30 1,r; ()cc Housewife, H No. '19- 13- 6/77, Hashamabad, Chandrayangutta, Bandlagr lda, Keshogiri, Hyderabad Presently residing at R/o H. No 1- 2- 138 Budv,r I Rajendranagar R R. Dist Petition,r/Respondent No.2 AND

1. The State of Telangana, Through Rajender Nagar, Repre rented by its Public Prosecutor, High Court at Hyderabad

2. Md. Rafeeq Uddin. S/o [,4d Shafeeq uddin, Age 36 yrs. i ]c Senior Software Engineer, R/o H. No. 1- 2- 138, Budwell, Rajendranagar langa Reddy District ...Res6 < n de nUCom pla in ant Petitio ne r/Ac c u s e d Petition under Section 359(6) of BNSS praying that i the circumstances stated in the [\/emorandum of Grounds of Criminal Petition, tlr, l1;96 Court may be pleased to RECORD the compromise for quashing the cr-ninal case against Respondent No 2 herein and quash the proceedings against t re respondent No. 2 herein who is the sole accused in C C. No 2355 of 2025 or t re file of the Xl Addl Judicial [\Iagistrate Of First Class At Rajender Nagar. This Petition coming on for hearing, upon perusinl; t re lVemorandum of Grounds of Criminal Petition and upon hearing the argumeirl ; of Sn [\,4ohammed Azeem, Advocate for the Petitioner and Sri Jithender Rao Ve :ramalla, Additional Public Prosecutor on behalf of Respondent No.1 and of Sri tr Hussain, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA l.A.Nos.3 and 4 of 2025 in/a nd CRIMINAL PETITION No.12298 ot 2025 COMMON ORDER This Criminal Petition is filed by the petitioner/accused under Section 528 of BNSS, 2023 seeking to quash the proceedings against him in C.C.No.2355 of 2025 on the file of Xl Additional Judicial Magistrate of First Class at Rajender Nagar, for the offence punishable under Section 85 of BNS

2. lt is submitted by learned counsel appearing for the petitioner/accused as well as respondent No.2/de facfo complainant 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 compromise between them and to compound the offences

3. The learned Additional Public Prosecutor has opposed the said compromise petitions

4. Perused the affidavits filed by the de facfo complainant in l.A.Nos.3 and 4 of 2025 which disclose that she has willingly consented for compromise. Since the parties were willing to enter 2 ETD. J {jtp D)98 2025 into compromise, they were given a chance to selt: the matter by appearing along with their respective counsel beforr '.he High Court Legal Services Committee for the State of Telanr; rna ylde orders dated '19.09.2025 passed by this Court. The Secr-. ary, High Court Legal Services Committee shall identify the parti : ; and submit a report to that effect

5. Pursuant to the above said direction issued I ' this Court, the parties along with their respective counsel have apprr ared before the High Court Legal Services Committee for the State > -[elangana the Secretary of the above said Authority identifierl the parties and submitted a report dated 25.09.2025 stating that t re parties were identified and they have willfully and without any c >ercion entered into compromise as per the terms of compromise.

6. ln view of the above, LA.Nos.3 and 4 of 2) 15 are allowed. Consequently, the Criminal Petition is allowed and in C.C.No.2355 of 2025 on the file of Xl Ai ne proceedings iitional Judicial Magistrate of First Class at Rajender Nagar, regish red against the petitioner/accused is hereby quashed sr- | iect to the petitioner/accused is paying an amount of Rs.5,001 - (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hycl, rabad (Savings J Crlp 12298 l)15 fuc.No.52188926279, State Bank of lndia, Shantinagar Branch (20070), IFSC Code.SBlN0020070, MICR No.500004057) and Rs.5,000/- (Rupees Five Thousand Only) to the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, within a period of two (02) weeks from today and file proof of the same before the Registry

7. Miscellaneous applications, if any pending, shall stand closed SD/- M. OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1, The ll Executrve t\.ilagrstrat cunr thasildar Ralendranagar Mandal ,Ranga Reddy District ((with records lf any)

2. The Xl Additronal Judicial [t/agistrate of First Class at Rajender Nagar 3. The Station House Offrcer, Rajendra Nagar Police Station, Cyberabad 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) 5, One CC to Sri Nlohammed Azeem, Advocate [OPUC] 6. One CC to Srr Ali Hussain, Advocate [OPUC] 7. Two CD Copies ADK/psl Along with a copy of Joint Memo of Compromise Note: Total Amount of Rs 10,0001 ( Rupees Ten thousand only ) has been paid by Sri Mohammed Azeenr, counsel for the Petitioner as directed by the Hon'ble court vide order dated 13-10-2025 as Rs. 5,000/- ( Rupees Five thousand only ) to the ,,Director, sainik welfare Hyderabad, and Rs. 5.000/- ( Rupees Five thousand only ) to the Secretary, High court Legal Services commrttee, High court for the state of Telangana, and fited Memo as proof of compliance vide USR No. 34 of 2026 dated 03-0 1-2026 -ffi I I 1 I I I I u t I I i i ! i HIGH COURT DATED:1311012025 t,l1 S (-) o t t,l,,l ifl2fr i) t.? 't NTCt COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/and CRLP.No.12298 of 2025 ALLOWING THE CRLP AND tA.NOs.3 & t OF ZO2S 1o ,.1 Jo h IN THE HIGH COURT OF ]UDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA I.A No af 2025 In Ci{1. P. No or 2025 Between:- MD. RAFEEQ UDDIN, 5/o l4d. ShaFeeq uddin, Ager 36 yrs, Occ: Senior Software Engineer, R/o H.l.Jo. 1-2- 138, Budwell, Rajendranagar, Ranga Reddy Dist.

1. The State of Telangana, DNA Through RAIENDER NAGAR, Represented by its Public Prosecutor, High Court at Hyderabad Petitioner/Sole accused .. Respondent / Complainant

2. SMT. MUNAWAR SAMEENA, Wo lvld. Rafeeq uddrn, Age: 30 yrs, Occ: Housewife, H.No. 19-13-6/77, Hashamabad, Chandrayangutta, Bandlagudda, Keshogiri, Hyderabad Presently residing at Plo H.No. 1-2-138, Budwel, Rajendranagar R.R. Dist .,. Respondent/Defacto-Complainant MEM o RAND UM FJ INT CO M PROM ISE MEM FILED BY THE o o PARTIES 1. It is submitted that, this quash petition is filed praying this Hon'ble court to quash the C.C. No. 2355 of 2025 against the petitioner/ sole accused on the file of the Hon'ble XI Addl ludicial l4agistrate Of First Class At: Rajender Nagar in which Petitioner name is shown as sole accused, petitioner and respondent No. x x married on 13.08.2017 at Hyderabad , in accordance with Muslir Rignts and Customs. The 'marriage was an arranged marriage and thc r rrriaqe was consumr]ated and they blessed with two children.

2. !\'hereas after the marriage, due to some mis-u nderstandin g r r,e between the peltoner i Accused and Respondent No.2 herein and therer tr both the petitroner and respondent No.2 are living together.

3.) The respondent No.2 has filed a criminal complaint bearing F.1. . No. 142 of 2025 dated: 06.02.2075, the said FIR is registered for the offence pL,r ;rable under scctiof . 35 of BNS, and after completing investigation charge sheet ,', r llec agains'L the pelrlioner/Accused hereln and numbered as C.C. No. 2355 J 2025 anc cognizance was taken for the offence punishable U/sec 85 of BNS.., I r the Hon'ble Xl Addl ludicial lvlagistrate Of First Ciass At: Rajender Naq. r against the petitioner/Accused.

4. lhat the petitioner submit that as the disputes that aros,) L,etween thc petitioner and the respondent No. 2 is resolved/ respondent No.2 doe; 't want to continuc the criminal proceedings as such the present quash petiti()ll s filed by thc parties praying this Hon'ble court to quash the C.C. No. 2355 of 20 5 against the petitioner/ accused on the file of the Hon'ble XI Addl ludicial Ma I ;trate Of First Class At: Rajender Nagar. It is submitted that, in vlew of the above submissions this Ho I I e Court may be pleased to quash the C.C. No. 2355 of 2025 against the petition,: 'sok: accused on the flle oF the Hon'ble XI Addl Judicial Magistrate Of First Cles At: Rajender )trua\ \\ o !. Nagar and to pass such other order or orders as this Honble Court may deem fit and proper in the interest of lustice, for which the respondent No.2 has no obje-1i on. \>/ Date Place: t{yderabad Cou nsel lor the petttioner Coun Respondent No.2 Petitioner /Accused - ,Nd .F/ "Yr Respondent No.2/ DeFacto complainant a' HYDERA] \D D]STRICT HIGH COURT :AT HYDERABAD I.A No of 2025 In CRLP .No. of ?-025 JOINT MEIrt, ) ILLED_BY JIE PETITIOI\ I 851 DEF CTO COM LAII { \]\I ISECOND &Eii _otDNr FILED ON FILED BY : MOHAMT,t :D AZEEM(16018) Advcr t:es & Associates, I vd. Counsel for petitioner/ Accused. ALr Hr SSArN (20419) Advocate Counsel ri r Respondent No: 2 I t00{;79786

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