✦ High Court of India · 24 Feb 2025

The High Court · 2025

Case Details High Court of India · 24 Feb 2025
Court
High Court of India
Decided
24 Feb 2025
Bench
Not available
Length
1,225 words

Petition under section 528 of BNSS Act 2023 RM 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of iriminat Petition' the High court may be preased to cafl for the records and quash the Proceedings in crime No.622 of 2024, dated 22110t2024 on the fiie of the shamshabad Police station, cyberabad District agarnst the petitioner/ Accused tfo.,l registered Under Section 318(4), 338, 336(3) ilw 3(5) of BNS Act.2023. I.A. NO: 2OF 2024 Petition under Section 492 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar- pe-tition,the High court ,ry-b" pleased to stay of ail further proceedings incruding arrest oi the petitioner/ Accused No.'1 in crime No.622 of 2024, dared 22-10-2024 registered Undlr Section 318(4), 338, 336(3) r/w 3(5) of BNS Act, 2023 on the fite of the shamshabad Police station, cyberabad District, pending disposal of main euash Petition. f l.A. NO: 1 OF 2025 Between: lulohanmed Abdul Aziz, S/o. Mohammed Moulana, Aged about 35 Yearri, Occ. B.re,ness, R/o. H-No.16-2-5714, Akbar Bagh, Near Government Press, IVlalakpet, Hyderabad. AND ... PETITIONER/2NO RESPONDENT/DEFACTO COMPLAINANT

1. The State of Telangana, Rep by its Public Prosecutor, Telangana State High Court Buildings at Hyderabad. ...RESPONDENT No.1/RESPONDENT No.1

2. S. Paranay Kumar, S/o. Late. S.Sathaiah, Hindu, Aged bout 37 years, Occ. Business, R/o. H-No.10-1, Railway Station Road, Shamshabad Village and Mandal, Ranga Reddy District I ...RESPONDENTS/PETITIONERS/ACC:USED No.1 Petition under Section 359(6) of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminai petition, the High Court may be pleased to permit the petitioner to compound the case in Crine No.622 of 2024, dated 2211012024 on the file of Shamsh:rbad police Gtation, Cyberabad , in the interest of justice. i.A. NO: 2 OF 2025 Petition under Section 359(2) of the BNSS Acl, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminal F,etition, the High Court may be pleased to record the compromise the CRLp car;e in Crime No.622 of 2024, daled 22-10-2024 on the file of Shamshabad pol,ce Station, Cyberabad, by the offence in terms of compromise in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Kongala Mohan Goud, Advocate for the Petitioner and the Additional public prosecutoi on behalf of the Respondent No.1 and of sri B.A. prakash Reddy, Advot;ate for the Respondent No.2. The Court made the following: COMMON ORDER I I I I HON'BLE SMT. JUSTICE JUWADI SRIDEVI l.A.Nos.1 and 2 of 2O25 in/and CRIMINAL PETITION No.13337 of 2024 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioner/accused No.1 to quash the proieedings against him in Crime No.622 ol 2024 of PS Shamshabad, Cyberabad District.

2. lt is submitted by learned counsel appearing for the petitioner/accused No.1 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.1 and 2 of 2025 have been filed to record the compromise between them and to compound the offences

3. Vide order dated 05.02.2025, 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

4. Pursuant to the above said direction issued by this Court, the pa(ies have appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted a repo(, dated 11 .02.2025 and the same is placed on record. 1 I I 2 ( E ln view of the above, l.A.Nos..l and 2 of 2OZS are allowed. Consequenfly, this Criminal petition is allowed srtrl the proceedings against the petitioner/accused No.1 in Crime lrlo.622 of 2024 of pS Shamshabad, Cyberabad District, are hereby quashed [\4iscellaneous applications, if any pending, shall stand closed d SdI L. LAKSHMI BABU //TRUE COPYII $#,ffi.-t Hyderabad[OUT] 1 Ii.'," Il Additionar tvletroporitan lVragistrate, cyberabad at Rajendranagar. 2 The station House officer, shamsiabad pottestition, cyreranao o"istrict 3 Two ccs to the pubric prosecutor, High court for the state ot rerangin; ai 1 9n" CC to Sri Kongala Mohan Goud, Advocate tOpUCI 5 One CC to Sri B A prakash Reddy, Advocat" iCjFUCt 6. Iwo CD Copies ^. (a]ong with the copy of memo of compromise) Plplgh i i 1 I l: r- '1 {*, I :iGH COURT DATED:2410212025 d t.lMON ORDER |.A.NOS.1 AND 2 0F 2025 IN/AND CRLP.No.13337 of 2024 rFF- --_1'* -- a e -)o ,.4, 2 4 Aiii ?itll; ALLOWING BOTH THE lAs AND CRIMINAL PETITION ,. } I I I I I I I I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I.A.NO. oF 2025 In CRL.P.No. t3337 0F 2024 BETWEEN: Mohammed Abdul Aziz, S/o' Mohammed Moulana' Aged about 35 Years, Occ; Business' R/o. Bagh, Near Government Press' Malakpet' Hyderabad' fl-N:1:2-57lA' Akbar l-- ,..2nd RespondenVDefacto Complainant AND 1)The State of Telangana Rep by its Public Prosecutor' Telangana iiri" H,gh crrrt auildings at Hyderabad' 2) S. Pranay Kumar S/o' Late' S'sathaiah' aled bout 37 Years, Occ: Business' ii;:rilir-i, -n l*v station Road' shamshabad Villase and Piandal, Ranga ReddY District' ...Petitioner/Accused No' 1' JOINT MEMO MaY it Please Your lordshiP, It is submitted that I Mohammed Abdul Aziz'I have given a 1. complaint before Shamshabad Police Station' CVb,lmbad' against the . fetitioner herein (Accused No'l) and police registered a FIR vide Crime No.622 of 2024, daled 22-t0'2024 against the petitioners herein. v &

2. I submit that'the intervention of the well wisher:; and elders of the both parties settled the matter amicabiy out of ther court. That due to the said reasons, I came fonruard to withdraw the complainl without any coercion,undue influence for which I am als;o executed an Affidavit stating that with free will I am ready to wrthdraw the above said case. ,

3. It is submitted that the matter is settled out of the ,:ourt, I am ready- to withdraw the complaint against the petitioners considering all the above circumstances ihis Hon,ble Court may be ,:leased to quash the proceedings in Crime N0.622 of 2024, dated 2Z_lO-2024 on the file of Shamshabad police Station, Cyberabad. It is therefore prayed that this Hon,ble Court may b,_. pleased to record the compromise and quash the Crime No.622 of 2024, daled 22-10-2024 on the file ofshamshabad police Station, Cyberabad , in the interest ofjustice and pass such other order or orders n,ay deem fit and proper in the circumstances of the case. HYDERABAD DATE; 20-01-2025 " ^ 9.fr,0 ,w-1 Counsel for ietitioner t< Counsel for Respondent.No2 Ul nt I'1o.2 Respo

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