✦ High Court of India · 22 Jan 2025

The High Court · 2025

Case Details High Court of India · 22 Jan 2025
Court
High Court of India
Decided
22 Jan 2025
Length
1,578 words

Smt. SUMAIYA YASEEN J.U^ryflp! {/o ered Ashfaq, Age: 31 years, Occ: Household, R/o. H.No.17-B-462tDt12, Bagh-E-Jahara, Oabe"eipuia, 'Hyd;;"b;: Telangana State. AND ...petitioner/Respondent No.2 2 S19$ {n190 Age: 35 years, Occ: pvt. Service, R/o. G.M. Colony. Falaknuma. Hyderabad, Telangana

1. SYED ASHFAQ, S/O H.No.18-2-3917/1lN1. State. !YFFA_J^ qUL-T4NA, W/o. Syed1mjad, Age 59 years, Occ: Home Maker, R/o. H.No.18-2-39/7t1tNi, c.l\i. Cotony, F;laknuma, ffyaeraUad, iii;;g;;; State. NIKHAT- SULTANA, Wo. Mohd Abdul Baseer Anwar, Age: 36 years, Occ: Home Maker, R/o. H.No.9-4-B7tDt1tA, At Kareem CJtonyItU O flireihoaJ, Tolichowki, Hyderabad, Telangana Staie. 9YFD_]L_Y4SL S/o Syed Amjad, Ase H-No.18-2-3917/1tN1.' G.M. Cotonyl State. 43 years, Occ: Pvt. Service. R/o. Falaknuma, Hyderabad, Telangana J 4 5 The State of Telangana, Rep. by the public prosecutor, High Court at Hyderabad. ...Petitioners/Accused No.1 to 5 ...RespondenURespondent No.1 Petition under section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminaj petition, the High court may be pleased to permit the petitioner/Respondent No.2 to compound tie offences in cc.No.5964 of 2022 on the fite of XV Additional chief Metropolitan Magistraie at Nampally, Hyderabad. l.A. NO: 3 OF 2024 Petition under section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminai pefition, the High C;;;;y be pleased to record the compromise statement and euash tnJ pro"."oing. ( against the Petitioners/Accused No.1 to 5 in CC No.5964 of 2022 on the file of XV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad 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 Khaleel Ahmed Khan, Advocate for the Petitioners and the Additional Public Prosecutor on behalf of the Respondent No.'1 and of Sri lvlohammed Hameed, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER HON'BLE SMT. JUSTICE JUVVADI SRIDEVI l.A.Nos. 2 and 3 of2024 in/and cli.l MINAL PETITION No.1 6142 of 2024 CO MM oNO Rl) IiR: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos'l' 3 to 5 to quash the proceedings against them in C'C'No'5964 of 2022 on the file of XV Additional Chief Metropolitan Magistrate at Nampally' Hyderabad, registered for the offences punishable under Sections 4gBA, 406,506 of IPC and Sections 4 and 6 of Dowry Prohibition Act' It is submitted by learned counsel appearing for the ners as well as the respondent No'2, that during y o1' the present Criminal Petition, the parties have mised the matter and accordingly, I.A.Nos.2 and 3 of have been filed to record the compromise between them and to compound the offences. \ \

3. Vide order dated 07.01 .2025., this Court directed the parties along with their respective counsel to appear before the I I Secretary, High Court Legal Services Committee, High Court 2 for the State of Telangana, Hyderabad, for identification and to subrnit a l'eport.

4. 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 a report, dated 09.01.2025 and the same is placed on record.

5. In view of the above, I.A.Nos.2 and 3 of 2024 are allowed. Consequently, this Criminal petition is allowed and the proceedings against the petitioners/accused Nos.1,3 to 5 in C.C.No.5964 of 2022 on the file of XV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed. ,TRUE COPY// Sd/- A.V,S. PRASAD T REGISTRAR ASSIST I S TION OFFICER To, \

1. The XV Additional chief Metropolitan Magistrate at Nampally, Hyderabad. 2. The Station House Officer, WPS, South Zone, Hyderabad District' 3. Two ccs to the Public Prosecutor, High court for the state of Telangana at Hyderabad [OUT]

4. One CC to Sri Khaleel Ahmed Khan, Advocate [OPUC] 5. One CC to Sri Mohammed Hameed' Advocate [OPUCI 6. Two CD Copies (Along with a Copy of Joint Memo of Compromise) $ HIGH COURT D ATED:22101 12025 COMMON ORDER l.A.Nos.2 and 3 of 2024 in/and CRLP.No.16142 of 2024 '( r{ TA5E r A t I U L 0 4 lUlx :. ,..) * C) E9 PA 1 c I BOTH l.As AND CRIMINAL PETITION IS ALLOWED C,OT., W, l8 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD I.A.No IN CRL.P.No. oF 2024 oF 2024 BETWEEN: I SYED ASHFAQ, S/o. Syed Amjad, Aged about 35 years, occ: Pvt. Service, R/o. H.No.18-2-39 l7 /l/Al l, G.M. Colony, Falaknuma, Hyderabad, Telalgana State. L h..s \,--- L tL J' I Bl o Col v, o. o .H o e/ a o. Te 1l 3lrETAlr4 MERAJ-EEGA, W /o. Syed Amjad, Aged about 59 years, occ: Home Maker, Rlo. H.No.18-2-39 17 /1 /A/1, G.M. Colony, Falaknuma, Hyderabad, Telangana State. NIKIIAT SULTAI\IA, W/o. Mohd Abdul Baseer Anwar, Aged about 36 years, occ: Home Mal<er, R/o. H.No.9-4- S7 lD l1/A, A1 Kareem Coiony, M D Lines Road, Tolichowki, Hyderabad, Telangana State. SYED ILYAS, S/o. Syed Amjad, Aged about 43 years, occ: hrt. Service, Rlo. H-No. 18-2-3917 /1/A/1, G.M. Colony, Falaknuma, Hyderabad, Telalgana State- ..... Petitioners / Accused No.I to 5 1 The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad AND ....Respondent/Respondent No. 1

2. Smt. SUMAIYA YASEEII JIINAIDI W/o. Syed Ashfaq, Aged about 31 years, Occ: Household, R/o. H.No. 17-B- 462/Dl12, Bagh-E-Jahara, Dabeerpura, Hyderabad, Telalgana State. .....Respondent No.2/ Complainant N I 1 ,l I J1 t I l I i l9 JOINT MEMO

1. It is submitted that Respondent No.2 lodged a complaint dated efore V/PS South V/est Zane, HyCerabad against the Petitioners herein. p,rsuant to the said complaint police registeted a case vide FIR No. 193/2022U/;.4O5,498_,4, 506 IpC, Sec. 4 & 6 of D'P' Act against the- petitioners, where the petitioners herein were arrayed as Accused No.l to 5 and subsequently police have filed charge Sheer vide CC.No.5964 0f 2022 0n the fiie df XV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. It is submitted that after registering the above 2 case the Respondent No.2 realized that the above complaint has been lodged due to misunde.standings and both the parties decided to enter into compromise, accordingly the Respondent No.2 already withdrawn the Domestic violence case vide D.v.c.No. 300 of 2022 onthe {lle of Honble IV Metropolitan l!{a gistrate, at Hyderabad and a Mainterrance Case vide M.C.No.7g2 oi 2022 it as also withdrawr.r by the Respondent No.2 and later on Dated , the Respondent and the petitioner No.1 Approached the concerned Qaza.th office and execrrted an MOU and the Respondent No.2 has taken the Qula Divorce by withdrawing al1 the aliegations against the Petitioners -1 l_-

3. It is submitted that due to intervention of elders and well wishers the matter has Lreen settled amicably between the parties, as such it is just ald necessar5r to quash the above Charge Sheet and to record the compromise staterrient between the Petitioner ald Respondent No.2. It is therefore prayed that this Hon,ble Court may be pleased to record the compromise statement and euash the proceedings against the petitioners/Accused No.1 to 5 in CC.No. 5964 of 2O2Z on file of XV Additional Chief Metropolitan Magistrate at Nampally, I Hyderabad, in the interest of justice and pass such other order or ord.ers may deem fit and proper in the circumstances of the case' Hence, th is Joint Memo' I A$g{ - Petition'er No. 1 Petitioner No.2 /'t*uj s ,i;.- Petitioner No .3 &Kw'. Petitioner No.4 \ ,/ Petitroner No.5 COUNS R PtrTITIONtrRS or espondent No.2 Respondcnt No.2 I-ryDBRABAD DATE: t1 .12.2024 i I I I I

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