The High Court · 2025
Case Details
Acts & Sections
1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad
2. Smt. Arifa Begum @ Arifa Banu, W/o. Mir Moinuddin Ali Khan, D/o.Shaik Moinuddin, Aged.40 years, Occ: Household, R/o. H.No.19-2-111205, Dargah Do Pahad Shah, Bilal Nagar, Bahadurpura, Hyderabad. ...RESPONDENTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may bq pleased to quash the proceedings against the Petitioners/Accused No.1,2, 4 and 6 in CC.No.462O12O23 pending on the file of XV Addl. Chief Metropolitan Magistrate, Hyderabad. !.A.NO: 1OF 2021i 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 stay all further proceedings including the appearance of the Petitioners/Accus,Ed No.1, 2, 4 and 6 in CC.No.4620 oI 2023 pending on the file of Hon'ble XV Additional Chief Metropolitan Magistrate, Hyderabad. l.A. NO: 2OF 202,5 Betweenl Smt. Arifa Bergum @ Arifa Banu, Wo. Mir Moinuddin Ali Khan, D/o.Shaik Moinuddin, Aged. 40 years, Occ: Household, R/o. H.No.l9-2-111205, Dargah Do Pahad Shah, []ilal Nagar, Bahadurpura, Hyderabad. ...PETITIONER/RESPONDENT No.2 AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabac. RESPONDENT/COMPLAINANT
2. Mir Moinuddin Ali Khan @ Mir Moinuddin Khan, S/o. Late Mir Sharfuddin Ali Khan, Agtrd 43 years, Occ: Pvt. Employee, Rl/o. H.No. 17-1-375lEl22lc, Khalander Nagar, Hasnabad, Santosh Nagar, Hyderabad. (Husband of R.No.2)
3. Rafath Unnisa @ Rafath Nizam, Wo. Late Mir Sharfuddin Ali Khan, Aged 64 years, O<;c: Household, R/o. H.No. 17-1-375lEl22lC, Khalander Nagar, Hasnabad, Santosh Nagar, Hyderabad. (Mother in law of R.No.2)
4. Maryam Llnnisa Begum, D/o. Late Mir Sharfuddin Ali Khan, Aged 23 years, Occ: Student, R/o. H.No. 17-1-375lEl22lC, Khalander Nagar, Hasnabad, Santosh Nlagar, Hyderabad. (Sister in law of R.No.2)
5. Afzaluddin @ Jawwad @ Mir Afzal Uddin Ali Khan, S/o. Late Mir Nizamuddin Ali Khan, Aged 63 years, Occ: Retired, R/o. H.No. 16-2-41812, Akbar Bagh, Opp. Manek Prabhu Hospital, Malakpet, Hyderabad. (Maternal Uncle of A-1) ...RESPONDENTS/PETITIONERS Petition under Section 359 (6) of the BNSS, praying that in the circumstances stated in the Petition, the High Court may be pleased to permit the Petitioner/ Respondent No.2 to compromise the case in CC.No.4620/2023 pending on the file of Hon'ble XV Additional Chief Metropolitan Magistrate, Hyderabad. ,7 l.A. NO: 3 OF 2025 Between: Smt. Arifa Begum @ Arifa Banu, Wo. Mir Moinuddin Ali Khan, D/o.Shaik Moinuddin, Aged. 40 years, Occ: Household, R/o. H.No.19-2-111205, Dargah Do Pahad Shah, Bilal Nagar, Bahadurpura, Hyderabad. ...PETITIONER/RESPONDENT No.2 AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad. RESPONDENT/COMPLAINANT
2. Mir Moinuddin Ali Khan @ Mir Moinuddin Khan, S/o. Late Mir Sharfuddin Ali Khan, Aged 43 years, Occ: Pvt. Employee, R/o. H.No. 17-1-375lEl22lc, Khalander Nagai, Hasnabad, Santosh Nagar, Hyderabad. (Husband of R.No.2)
3. Rafath Unnisa @ Rafath Nizam, Wo. Late Mir Sharfuddin Ali Khan, Aged 64 years, Occ: Household, R/o. H.No. 17-1-375lEl22lC,_ Khalander Nagar, Hasnabad, Santosh Nagar, Hyderabad. (Mother in law of R.No.2)
4. Maryam Unnisa Begum, D/o. Late IMir Sharfuddin Ali Khan, Aged 23 years, Occ: Student, R/o. H.No. 17-1-375lEl22lC, Khalander Nagar, Hasnabad, Santosh Nagar, Hyderabad. (Sister in law of R.No.2)
5. Afzaluddin @ Jawwad @Mir Afzal Uddin Ali Khan, S/o. Late Mir Nizamuddin Ali Khan, Aged 63 yeaE, Occ: Retired, R/o. H.No. 16-2-4lB12, Akbar Bagh, Opp. Manek-Prabhu Hospital, Malakpet, Hyderabad. (Maternal Uncle of A-1) ...RESPONDENTS/PETITIONERS Petition under Section 359 (2) of the BNSS, praying that in the circumstances stated in the Affidavit, Joint Memo along with, the High Court may be pleased to record the compromise of Petitioner/Respondent No.2 and the Accused persons in CC.No.4620/2023 pending on the file of XV Addl. Chief Metropolitan Magistrate, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohd Muzaffer Ullah Khan, Advocate for the Petitioner and the Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and of Sri. L. Ram Singh, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA I.A.N os.2 &3 ot 2025 in/and CRIMINAL PETITION No.l288 1 of 2025 coM MON ORDE 1. This Criminal Petition is filed under Section 528 of BNSS' 2023 seerking to quash the proceedings against the petitioners/accused Nos.1, 2, 4 & 6 in C'C'No'462O of 2023' pending on the file of XV Additional chief Metropolitan Magistrate, Hyderabad registered for the offence punishable under sections 498-4' 406' 506 of lPC, 1860 and Sections 4 & 6 of DP Act'
2.ltissubmiftedbylearnedcounselforthepetitioners/accused Nos.1, 2, ,4 & 6 as well as respondent No.2 that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, l.A.Nos.2 & 3 of 2025 have been filed by respondert No.2/defacto complainant seeking permission to compounC the offences, to record compromise and to quash the proceedings against the petitioners in the above crime' 3 The learned Additional Public Prosecutor has opposed the compromise Petition. 2 ETO,I t.A.Nos.2 &3 ol mE in/od otP.No.12881 ol 25 4. Since the parties were willing to enter into compromise, they were given a chance to settle the matter by appearing along with their respective counsel before the High Court Legal Services Committee for the State of Telangana vrde orders daled O7.1O.2O25 passed by this Court. The Secretary, High Court Legal Services Committee shall identify the parties and 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 04.11.2025 stating that the parties were identified and they have willfully, without any coercion, entered into compromrse.
6. ln view of the above, l.A.Nos.2 & 3 of 2025 are allowed. Consequently,.the Criminal Petition is allowed and the proceedings in C.C.No.462O of 2023, pending on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed subject to the petitioners paying an amount of Rs.5,000/- (Rupees Five Thqrsand Only) to the Telangana High Court Bar Association, \ Hyderabad and Rs.5,000/- (Rupees Five Thousand Only) to the High Court Legal Services Committee for the State of Telangana, within a 3 ETD) t.a.Nos.z a3 ol 202s in/ond C.lp.No. Daa, ol m25 period of two (02) weeks from today and file proof of the same before the Registry.
7. Mis<;ellaneous applications, if any pending, shall stand closed. Sd/- A. SREENIVASA REDDY STANT REGISTRAR //TRUE COPY// SECTION OFFICER To 'l. The XV Aclditional Chief Metropolitan Magistrate Hyderabad. 2. The Station House Officer, W.P.S. South Zone, Hyderabad City 3. One CC tc, Sri. tVlohd Muzaffer Ullah Khan, Advocate IOPUC] 4. One CC tc, Sri. L. Ram Singh, Advocate [OPUC] 5. Two CD Copies (Enclosingg the copy of joint memo) Pr/DL Note: Total AmountofRs. 10,000/- ( Rupees Ten thousand only ) has been paid by Sri. Mohd Muzaffer Ullah Khan, Counsel for the Petitioner as directed by the Hon'ble Court vide order dated 21.11.2025 as Rs. 5,000! ( Rupees Five thousand only ) to the Telangana lligh Court Bar Association, Hyderabad, and Rs. 5,000/- ( Rupees Five thousand only )to the Telangana High Court Legal Services Committee, Hyderabad and filed Memo as proof of compliance USR No. '13848 of 2026 and dated 05.02.2026 w _ ----;-;; HIGH COURT DATED: 2111112025 - ?"' .),J ( * tHES 17 [[8 2rl26 t I PAT',}' COMMON ORDER l.A.Nos. 2 AND 3 OF 2025 IN/AND CRLP.No.12881 ot 2025 ALLOWING THE CRL.PETITION AND I.A'S a "ffb 5r. IN THE HIGH COURT FOR THE STATE OF TELANGANA AT I{YDERABAI) I.A.No.3 oF 2025 CRL. P IN *[aesl IN oF 2025 (On the file of the Honble XV Addt. Chief Metropolitan Magistrate, Hyd) CC. No. 4620 OF 2023 Between:- Smt. Arifa Begum @ Arifa Banu, W/o. Mir Moinuddin Ati Khan, D/o.Shaik Moinuddin, Aged: 40 years, Occ: Household, R/o. H.No .L9-2-lL / 2O5, Dargah Do Pahad Shah, Bilal Nagar, Bahadurpura, Hyderabad. AND
1. The State of Telangana, Rep. by its Public Prosecutor, High court of Telangana, Hyderabad. ...Petitioner/ Respondent No.2 .. Respondent/ Complainant.
2. Mir Moinuddin Ali Khan @ Mir Moinuddin Khan, S/o: Late Mir Sharfuddin Ali I{han, Aged 43 years, Occ: Pvt. Employee, R/o. H.No . L7 -t-375 lE I 22 / C, Khalander Nagar, Hasnabad, Santosh Nagar, Hyderabad.
3. Rafath Unnisa @ Rafath Nizam, W lo: Late Mir Sharfuddin Ali Khern, Aged 64 years, Occ: Household, R/o. H.No. L7 -L-37s / E / 22 / C, Khalander Nagar, Hasnabad, Santosh Nagar, Hyderabad.
4. Maryanr Unnisa Begum, D /o: Late Mir Sharfuddin AIi Khan, tq"d 2-., years, Occ: Student, R/o. H. No. rz-t-sZS/E/22/C, ' Khalan<ler Nagar, Hasnabad, Santostr Nagar, Hyd.erabad.
5. Afzaludrlin @ Jawwad @ Mir Afzal Uddin S/o: Lar:e Mir NizamudEin Ali l(han, lq"d 63 years, Occ: Retired, R/o. H.)No. L6-2-4/B/2, AkLar Bagh, Opp. Manek prabhu Hospital, Malakpr:t, Hyderabad. JOINT MEMO Ali Khan, ... Respondents/petitioners
1. It is submitted that the petitioner/Respondent No.2 rodged a complaint rvith t].e porice wps, south Zorte, Hyd.erabad basing on which a case in (lr. No. 33/2023 was registered for fire offence u/s. 49g_A, 406, 506 of Ipc and sec. 4 ancr 6 of Dowr5r prohibition Act against the Responden':s/Accused No.1, 2,4 and 6 along with others. subsequen':1y, the porice filed the ci:arge sheet and the court has taken trre cognizance and numbered the case as cc.No .4620/2023 pending on the file of .KV Addl. chief Metroporitan Magistrate, Hyderabad for the above offen,:es 2' It is submitted that during the pendency of trre above cases, on the interventior:L of elders and welr wishers trre matter has been compromise:d between the petitioner/Respondent No.2 and t].e Accused No.l and b<>th came to a concrusion to get separate from each other by way of KhuLla divorce and the Accused No.l has ready to accept the s€une, acco.dingly a Memorandum of understanding has been executed on t4-O7-2Ct2S. IF,l I
3.ItisfurthersubmitGdthataspertheclauseNo.4ofMemorandum of und.erstanding, dated: t4-o7-2}25, the Petitioner/Respondent No'2 agreed that she will take all the necessarJr steps to see tl-at the criminal case pending against the Accused persons is withdrawn' It is further submitted. that in view of the compromise, the Petitioner/Respondent No.2 does not want to proceed with t]:e criminal case in cc.No.462Ol2O23 pending on the frle of xv Addl. chief Metropolitan Magistrate, Hyderabad, against the Accused No'1' 2' 4 and6' Therefore it is prayed that this Hon',ble court may be pleased to permit the Petitioner/Respondent No..2 and the Respondents/Accused No.1, 2,4 and,6 to compromise the case in CC.No.462o/2a23 pending on the file of Honble xv Addl. chief Metropolitan Magistrate, Hyderabad ancl to pass such other order or orders as t]1is Hon'ble court may be deems fit and proper in the circumstances of the case. 1
2. 3 I Ulvnxo'- 4u€6f,r1 4 Signa A-No. L, 2, 4 & 6 A.No. L,2 &,4r.h ,rmrh, R-No.2. I - for R-No.2 HYDERABAD Dated:2t { -o9-2o25.