✦ High Court of India · 02 Jan 2025

The High Court · 2025

Case Details High Court of India · 02 Jan 2025
Court
High Court of India
Decided
02 Jan 2025
Bench
Not available
Length
1,178 words

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI l.A. NO: 1 AND 2 OF 2024 IN/AND CRIMINAL PETITION NO: 13898 OF 2024 Between: M. A. Wahab, S/o Late Mohd Abbas, Aged about 53 years, Occ Police Department R/o H. No. 9-2-721321'18lP (Plot. No. 18/P), Arbar Nagar. Hasmathpet- Secunderabad. ...PETITIONER/ACCUSED AND 1 The State of Telangana, Represented through Public Prosecutor, High Court of Telangana, Hyderabad, through SHO PS, WPS- CCS, Hyderabad. ...RESPONDENT

2. Meher Banu. Wo. M. A. Wahab Age about 46 years, Occ Housewife, R/o. H No. '16-1 1-1619123, Afzal Nagar Beside Ganga Towers, Malakpet, Hyderabad. ...RESPONDENT/DEFACTO-COMPLAINANT 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 C.C. No. 83 o'f 2022 on the file of Xlll Addl Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offences alleged against the petitioners under Section 498- A,406, 506 of IPC and Sectaon 3 and 4 of DP Act, by the 2nd respondent as per the amicable settlement reached rn the report of the mediator dated 2.1- 08- 2022 in D. V. C. No. 230 of 2022 on the file of lV Judicial Magistrate of First Class, Hyderabad. l.A. NO: 1OF 2024 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court u/s 482 of Cr.P.C to permit the Petitioner and Respondent- 2 to compromise the matter against C.C No 83 of 2022 on the file of Xlll Addl. Chief Metropolitan Magistrate, Nampally. Hyderabad. l.A. NO: 2OF 2024 Between: Meher Banu, W/o. M. A. Wahab, Age about 46 years, Occ. Housewife, R/o. H No. '16-'1 1-1€19123, Alzal Nagar Beside Ganga Towers, Malakpet, Hyderabad. ...PETITIONER/DEFACT,C-COMPLAINANT AND

1. The State of Telangana, Represented through Public Prosecutor, High Court of Telangana, Hyderabad, through SHO PS, WPS- CCS, Hyderabad.

2. M. A. Wahab, S/o Late Mohd Abbas, Aged about 53 years, Occ Police Department R/o H. No. 9-2-72132118iP (Plot. No. 18/P), Arbar Nagar, Hasmathpet- Secunderabad. ...RESPONDENT ...PETITIONER/ACCUSED Petition under Section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise accorded between the Petitioner and Respondent No. 2 and quash the proceedings against the accused in CC No. 83 ot 2022 on the frle of Xlll Addl Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offences alleged agarnst the petitioners under Section 498- A, 406, 506 of IPC and Section 3 and 4 of DP Act, by the 2nd respondent as per the amicable settlement reached in the report of the mediatot daled 21- 08- 2022 in D. V. C. No. 230 tt 2022 on the file of lV Judicial Magistrate of First Class, Hyderabad. This Petition coming on for hearrng, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Srikanth Hariharan, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and of M/s S.V. Assocrates for the Respondent No. 2. The Court made thr> following: ORDER f THE HONOURABLE SMT. JUSTICE JITWADI SRIDEVI INTERLOCUTORY APPLICATION Nos.l & 2 of 2O24 IN/AND CRIMINAL PETITION No.13898 of 2024 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioner-accused seeking to quash the proceedings against him in C.C.No.83 of 2022 pending on the lile of the learned XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registereci lor the offences under Sections 498-A, 406 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dor.,,,ry Prohibition Act.

02. It is submitted by learned counsel appearing lor the pctitioner-accused as well as respondent No.2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordirrgly, i.A.Nos. I & 2 of 2024 have been filed to record the compromise between them and to compound the oflences

03. Vide orciers dated 09.12.2024, this Court directed the parties along with their respective learned counsel to appear belore the Secretaqr, High Court Lcgal Scrvices Committee, High Court for the State of 2 Telangarra, Hyderabad, for identification and to submit a report.

04. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary', High Court Legal Services Committee, has identified the parties and submitted report dated L3.12.2O24 and the s€une are placed on record.

05. In view of the above, I.A.Nos. I & 2 of 2024 are allowed. Consequently. this Criminal petition is atlowed and the proceedings against the petitioner_ accused in C.C.No.S3 of 2022 penciing on the file of the learned XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hcreby quashed. As a sequel, miscellaneous applications, if any pending, shall stand closed. //,RUE copy// ASSrssflFilvR?EE+ilR / FFICER To,

1. The Xlll Additional Chief Metropolitan Maqrslrate 2. The lV Judiciat Maoi i,iglgqimlfl'fr'ti*'*'h#.*$t'[1s;#,;,t,';;*,,, i, flii EE iS fi',!'d:f T:g:*:t:iffJ.""?TJB[Bi1 7. Two CD Cooies - (Along with b copy of joint memo ot compromrse) (a- u,,roh HIGH COURT DATED: 0ZtOlt2OZs 1 He 9i4 7'5- (. (- 27 tts it:ls :l .i' '). ,L :\ I COMMON ORDER l.A. NO: 1 AND 2 OF ZO24 IN/ANI) CRLP.No.13898 ot 2OZ4 ALLOWING THt: CRIMINAL PETITION Yn V, 1/ t-t I i I i I I I I i I I I I i I I I ! HIGH COURT FOR TIIE STATE OF TELANGANA ATHYDERABAD I.A.NO. oF 2024 IN CRIMINAL PETN.NO. oF 2024 BETWEEN: M.A.Wahab S/o Late Mohd Abbas, Aged about 53 years, Occ : Police Depzulment R/o. H.No.9-2-7 2/321 lStP (Plot.No. I 8/p), Arbar Nagar, Hasmathpet- Secunderabad. -, : !r, AND . . .. Petitioner/Accused

1. The State ofTelangana, represented through Public Prosecutor, High Court ofTelangana, Hyderabad, through SHO PS, WPS-C)CS, Hyderabad. ... Respondent

2. MeherBanu, Wo. M.A.Wahab Age about 46 years, Occ : Housewife, R/o.H.No.I6-1 I -16/9/23. Afzal Nagar Beside Ganga Towers, Malakpet, Hyderabad. . .. Respondent/Defacto-Complainant JOINT COMPROMISE irEfirroN'- F\a.,^-"^ It is humbly submitted that the Petitioners and the respondent No.2 have compromised the matter out of the court rvith the inten ention of elders and well- wishers and in view of the compromise lhey do not rvant to further proceed with the case in CC No. 83 of 2022 on the file of XIII Addl. Chief Mehqpolitan Magistrate, Nampally, Hyderabad, lor rhe offences alleged against the petitioners under S€ction 498-A,406,506 ollPC & Section 3 and 4 ofDp Act, by the 2d respondent as per the amicable settlemeirt reached in the report of the mediator dated 2l-08-2022 in D.V.C.No.230 of 2022 on the file of IV Judicial Magisrate of .&, Q\="* sswu)

9.. fu+e ura$+o) First Class, Hyderabad as such the same may be quashed against the Petitioners/Accused No.1 to 3 in the interest ofjustice. Hence this Joint Compromise Memo. Place: Hyderabad. Dated: -ll-2024 L- RES ENT No.2 COTINSEL FOR RESPONDENT No.2 COLINSE QNER

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments