✦ High Court of India · 10 Feb 2025

The High Court · 2025

Case Details High Court of India · 10 Feb 2025
Court
High Court of India
Decided
10 Feb 2025
Bench
Not available
Length
1,290 words

The State of Telangana, Rep., by its learned Public Protector High Court Buildings, Hyderabad Ivl/s G.S. Enterprises, Rep by its proprietor Mr. Ghouse, Age-Maior, Occ- Business, Plot No 267 anil 264, Sy ruo 305 Near SVIC' Near Ganesh weigh bridge, subash Nagar, lDA, Jeedmetrla, Hyderabad Telangana -500055. Mr. Sai Rahul, Aged 28 years Occ- Business Rlo 8-52-4711 Nandi Nagar, Road No 10, Banjlra hills R/o 37-1-388144 Dharavari Gardens ongole, A P Swathi Traders, Rep by its proprietor Mr. Vinay Aged tt/lajor Occ-Bus]ness R/o Fateh Nagar, Balkahpi-'t R6ad, opposite IV M Church, Hyderabad- 500018 ...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 be pleased to Quash CC No. 1258t 2022 on the file of XIV ADDL Chief tr/letropolitan Magistrate, Hyderabad by allowing the instant quash petition' A. NO: 2 OF 2025 Between: 1 M/s G.S. Enterprises, Rep by its proprietor Mr- Ghouse, Plot No 267 and 268, Sv- f.f o-SOS N6ar SVIC,' 11gsr Ganesh weigh bridge, subash Nagar, lDA, J6edmetrla, Hyderabad Telangana -500055. --7 '/, /c

2. Mr Sai Rahul, I1/o 8-52-4711 Nandi Nagar, Road No 10, Banjara hills R/o 37- 1-388144 Dharavari Gardens ongole. A.P

3. Swathi Traders, Rep by its proprietor Mr. Vinay, R/o Fateh Nagar, Balkampet Road, oppcsite lVl M Church, Hyderabad- 500018 ...PETITIONERS/RESPONDENTS 2 to 4 AND

1. Banka Blolco Ltd, Rep by its Propretor Smt Namita Banka 56 Nagarjuna Hills, Road. lVlolhi Nagar, Nagarjuna Hills, Panjagutta, Hyderabad, Telangana 500082. ..,RESPONDENT/PETITIONER/COMPLAINANT 2 The State of Telangana, Rep., by its learned Public Protector High Court Buildings l-lyde.abad ...RESPONDENT Petition unrler llection 359 (6) of BNSS prayrng that in the circumstances stated in the Menrorardum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner/Complainant to compound the rnatter with the Respondent No 2 to ul, in CRLP No 22 of 2025 against in CC No 1258 of 2OZ2 Uls. 471 [PC on the file of XIV th Additional Chief lVletropolitan lvlagistrate, at Nampally, Hyderabad by allowing the Complainant to compound the offences in . FIR no 543 of 2021 . l.A. NO: 3 OF 2025 Petition under {iection 359 (2) of BNSS praying that in the :ircumstances stated in the IVlerrorarrdum of Grounds of Criminal Petition, the H gh Court may be pleased to record the compromise in CRLP No 22 of 2025 and quash the proceedings agairrst the CC No '1258 of 2022 on the file of XIV th Additional Chief N4etropolitan l\,4 e gistrate, at Nampally, Hyderabad for the allr:ged offences U/sec '1 20(b) 41[i, 41 1.420 IPC and 156 (3) Cr.P.C in the circumstances of the case and in the interes;t of justice. This Petition cc ming on for hearing, upon perusing the [/]t,rmorandum of Grounds of Crrminal F'etition and upon hearing the arguments of l\//s. V. preeti Reddy, Advocate for the Petitioner, Public Prosecutor on t. ehalf of the Respondent No 1 ancl of Sri Kuldeep Jadhav, Advocate for the R€,spondent No. 2. The Court made the fc,llowing: COMMON ORDER ..i'c HON'BLE SMT. JUSTICE JUWADI SRIDEVI l.A.Nos.2 and 3 of 2025 in/and CRIMINAL PETI TION No.22 ot 2025 COMMON ORD ER: This Criminal Petition is filed under Section S2g of BNSS by the petitioner to quash the proceedings against the respondent Nos.2 to 4 in C.C.No.1258 of 2022 on the file of XIV Additional Chief lMetropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 129(b), 415, 4Zl, 420 of lpC and Section 156(3) of Cr.P.C..

2. lt is submitted by learrred counsel appearing for the I It petitioner as well as the respondent Nos.2 to 4, that during pendency of the present Crinrinal Petition, the parties have I l compromised the matter and accordingly, l.A Nos.2 and 3 of 2O2S have been filed to record the compromise between them and to compound the offences.

3. Vide order dated 3'l .01.2025, 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. 2 \

4. Pursuant to the above said direction issued by thirs Court, the parties harre appeared and the Secretary, High Court Legal Services Comrnittee, has identified the parties and subrnitted a report, dabd 04.02.2025 and the same is placed on recorcl.

5. ln view of the above, l.A.Nos.2 and 3 of 2O2S are allowed. Consequently this Criminal Petition is allowed and the proceedings aglainst the respondent Nos.2 to 4 in C.C.No.125B of 2022 on the fil-. of XIV Additional Chief Metropolitan lVlallistrate, Hyderabad, are, hereby quashed. Miscellar eous applications, if any pending, shal stand closed I I //TRUE COPY// Sd/- MOHD. ISMAIL ASSISTANI' REGISTRAR TION OFFICER ',.),;. To,

1. 2 3 4 5 6 VI{/gh The Station Hortse otttcer' pii'l#'ii' Poiice Station Hvderabrd TheXlVAoditicnalChieft\iletropolitanMagistrate"Hyderabad Two ccs ro tlr,: publrc Hvderabad [OtJT] lj'":,"bCi; rv/t Vi Preeti Reddv' Advocate [o-f p^Ql 5;; ;; iJ sii-t<rto""p Jadhav Advocate [oPUC] H:":?[li:'Jlpv or Joint tt4emo ot compromise) ".rE,liiBi"niih"c"rrt t"i the'state rf Telansana at :,tg'. HIGH COURT DATED: 10102t2025 COMMON ORDER l.A. NO: 2 AND 3 OF 2025 IN/AND CRLP.No.22 ot 2025 sEH1 14 l\, ( :s k 03 tpn Zffi o; l.-.,i'rl.l l( --=-==--:- ,- I I i I , I ' i ALLOWING THE CRIMINAL PETITION 2D IJ )( , IN THE HIGH COURT FoR THE STATE oF TELANGANA : AT HYDERABAD CRLP.NO. 22 O"2O25 BETWEEN:-

1. Banka Bioloo Ltd Rep by its Propretor Smt Namita Banka 56 Nagarjuna Hills, Road, Mothi Nagar, Nagarjuna Hills, Panjagutta, Hyderabad, Telangana S0OO82. Petitioner/ Complainant AND

1. The State of Telangala Rep., by il.s learned Public protector High Court Buildings, Hyderabad

2. M/s c.S. Enterfrises Rep by its proprietor Mr.Ghouse Plot No 267 e 268, Sy No 305 Near SVIC, Near Ganesh weigh bridge, subash Nagar, IDA, Jeedmetrla, Hyderabad Telangana -500055.

3. Mr.Sai Rahul Rlo 8-52-a7 /l Nandi Nagar, Road No 10, Banjara hills R/o 37-1-388/44 Dharavari Gardens Ongole, A.p.

4. Swathi Traders Rep by its proprietor Mr.Vinay R/o Fateh Nagar, Balkampet Road, opposite M M Church, Hyderabad- 500018. . . . Respondents JOINT COMPROMI SE MEMO That the petitioners/ accused and the respondent No. 2"to 4 have compromised the matter out of the courL ryi11, the intervention of elders and well-wishers in view of compromise they do not want to further proceed with. ( the case in C. C . N ). L2Sg I 2022 on the fitre of XIVth Adc: itional Chief Metropolitan Magistrat: , at Nampally, Hydsrabad for al alleged r)ffence for an alleged Offence U,rtiec, 120(b), 415, 4ZL,42O IpC and 156(3) Crp( as such this Hon'ble court mav be Pleased to record the compromise accorderi between the Petitioners/complaint rrncr Respondent No.2 to 4 and quash the proceedings against the Petitioner ir-r C.C. No. 1256 i2O22 on the h1e of XIV!h Additiona.l chief Metropolitan Magistrate , at Nampally , Hyderabad for an aileged offence for an dllbged Offence L /Sec. 120(b) , 415, 471, 420 IpC and 156(lt) CrpC Hence this Jcint \4cmo 1 luk /:-4a Smt. Namita, Banka Petitioner /Complaint Ct,L,- Mr. G house Respondent No. 2 I s"-.L* Mr. $iai Rahul Respondent No.3 fMr V Vinay Resp cndent No.3 V Counse etitioner Counsel for the nderrt No. 2 to 4

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