The High Court · 2025

Public Prosecutor, High Court of Telangana, Hyderabad.

2. Smt. Maimuna Sultana, Wo. Md. Awais Ahmed, Aged about 31 years, Occ Housewife, R/o. H. No. 9-4-17111, Srinagar Colony, Karimnagar. Presently residing at H. No. 9-3-15711, Kashmeergadda Karimnagar - 505 001 , Telangana State, ...RespondenUComplainants 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. 865 of 2023 against Accused No. 1 pending trial on the file of Honble Judicial and Magistrate of First Class (PCR) Spl. It4obile At. Ka rim naga r. l.A. NO: 1 OF 2025 BETWEEN: Smt. Maimuna Sultana, Wo. Md. Awais Ahmed, Aged about 31 years, Occ Housewife, R/o. H. No. 9-4-17111 , Srinagar Colony, Karimnagar. Presently residing at H. No. 9-3-157 A, Kashmeergadda Karimnagar - 505 001, Telangana State. ...Petitioner in l.A.No.1 &2 ot 2026lRespondent No.2 AND State of Telangana, represented by P.P. PS, Karimnagar-ll Town, through Public Prosecutor, High Court of Telangana, Hyderabad. 2 MD. Ayaz Ahmed @ Md. Ayazuddin, S/o. Mohd. Yousuf Ahmed, aged about 34 years, Occ. Business, R/o. H. No. 2-7-967, Mukarrampura, Karimnagar - 505 001, T S ... RespondenUAl, in l.A.No.1 &2of 2025 Petition under Section 359 (6) 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Crirninal Petition, the High Court may be pleased to permit the petitioner to compound proceedings in C.C. No, 865 of 2023 on the file of Hon'ble lll Addl. Spl) Judicial Magistrate First Class (Mobile) PCR At Karimnagar Under Sectron 448, 354, 323, 2948 r/vv Sec. 34 IPC against the petitioner-Al. l.A. NO: 2 OF 2025 Petition under Section 359 (2) 528 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 and quash the proceedings in CC No.865 of 2023 on the file of the lll Additional Judicial Magistrate First Class (lt/obile) PCR at Karimnagar against the accused No.1 to 4 in the interest of ,Justice. This Petitior coming on for hearing, upon perusing the Memorandum of Grounds of Crirninal Petition and upon hearing the arguments of Sri Mohammed Abdul Rahman, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1, and Sri Mohammed Abdul Rauf, Advocate for the Respondent No.2 The Court made the following: COMMON ORDER / THE HONOURABLE SRI JUSTICE N.TUKARAMJI LA.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No.16403 OF 2024 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings against the petitioner in C.C, No. 865 of 2023, on the file of the learned Judicial Magistrate of First Class (PCR) Special lVlobile, Karimnagar

2. The petitioner is arrayed as accused No.1 in the Calendar Case registered for the offences punishable under Sections 448, 354, 323, 294-8 read with Section 34 of the lndian Penal Code, 1860.

3. Heard [t/r.MD.Abdul Rahman, learned counsel for the petitioner, Mr Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.l\/ohammad Abdul Rauf, learned counsel for the respondent No.2/de-faclo complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2l de-faclo complainant filed l.A.Nos. 1 and 2 of 2O25 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioner/accused No.1 in C.C. No. 865 of 2023 2 ,\ i R.i l..1..\,,'.1 trtl 2 ol 2t)2i irt/,rt;,1 { ti.P.l.,t i610} tl 202 /

5. This Court ylrle order dated 17.04.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arrivrng the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 26 04 2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and without coercion entered into settlement/com p rom ise

6. I have considered the submissions of the learned counsel and perused the materials on record

7. Having considered the allegations, the nature of charged offences and taking into account the amicable settlement between the parties, in the light of the dictums in Gian Singh v. Stafe of Punjab and anotherl and Anil Mishra v. State of lJ.P.2; State of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr.P.C.l52B of BNSS, 2023, would be in the interest of justice. | 2012 (1Ol SCC 3rl3 2 202+ Irusc 189 I zots 1s; scc eea t I 3 .\lt(./ l. l.\orl ,tni | 4,'l)!i u i .u::i Lt .l).\,,. / ri lr) ) ,4 )0) / B. Accordingly, l.A.Nos.1 and 2 oI 2025 are allowed. Consequently, all the proceedings in C.C. No. 865 of 2023, on the file of the learned Judicial li/agistrate of First Class (PCR) Special lt/obile, Karimnagar, are hereby quashed against the petitioner/accused No-1.

9. ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed SD/. MOHD.ISMAIL DEPUTY REGISTRAR I //TRUE COPY// S CTION OFFICER To, \ District.

1. The Judicial Magistrate of First Class (PCR) Spl Mobile at Karimnagar' 2. The station Houle officer, Karimangar ll Town Police station, Krimnagar 3' Two CCs to the Public Prosecutor, High Court for the State of Telangana at . One CC to Sri Mohammed Abdul Rahman, Advocate [OPUC] 5. One CC to Sri Mohammed Abdul Rauf, Advocate [OPUC] 6. Two CD CoPies Hyderabad [OUT] NVI]/PSL HIGH COURI' DATED:01 10512025 COMMON ORDER l.A.Nos.1 and 2 of 2025 ln/And CRLP.No.16403 ot 2024 !jo ,,: 20luN [6 I I C)), OE PA(C ,a(,o DISPOSING OF THE CRLP AND ALLOWING THE lA.Nos.1&2OF2025 # I I IN THE HIGH COURT FOR THI] STATE OF TtrLANGANA AT HYDERABAD Crl.P. No. I 16403 lof 2024 Against C.C. No. 865 of ) no.) (On the file of Hon'bte III Addt Spt J.M.F.C (Mobile) p.C.R at Karimnagar) Between: Ayaz Ahmed @ Md.Ayazaddin, S/o Mohd yousuf Ahmed, Aged: ; 34 Years, Occ: Buisness, R/o H.No. 2_7_962, Mukarrampura of 1 Karimnagar Town & Dist. . . . . Petitioners/ Accused No.$ -.{i.ND- i.l The State of Telangana, R/b it public prosecutor, High Court for the state of Telangana at Hyderabad. 2] Maimuna Sultana, D/o Md. Awais Ahmed, Aged: 31 years, Occ: Housewife, R/o H.No. 9-4_17 lll, Srinagar colony of Karimnagar, presently resideing at H.No.9_3_ 157/ 1, Kashmeergadda of Karimnagar.505O0 1, Telangana state ..... Respondent's,/ De-facto complainant MEM QRANDUM OF COMPROMISE TO\ r\+ fvno It is agreed that the De-facto complainant w-ith her free will and consent willing to settle the case with the Accused lto.t in C.C No. 865 of 2023 on the fite of III Addl Spl J.M.F.C (Mobile) P.C.R at Karimnagar. 2l It is agreed between the parties that they sha_ll not further claim against each other. S.? 3] It is also zigreed between De-facto Complainant and the Accused No.0 that they do not want to proceed with the case and intends to amicable resolve the dispute out of the court and the proceedings in (l.C No. 865 of 2023 on the file of III Addl Spl J.M.F.C (Mobile) P.C.R at Karimnagar, hence the above CRL.P may be quashed. Hence this Mernorandum oi compromise is signed with free will and conseltt d\^--* Ayaz Ahmed (a, Md.Ayazuddin (Accused iVo. ) ) Mai n Sultana (De-facto complainant) I I I \ t- \ Place: Hyderabacl oated:l$-ol -20::s Counsel for the Petitioner ND+g tuD. tlCDttL- €4+ 'ylo-") co.us* {Y)r}fn,1ap1 c.7 ei3o Q) ,...Jr"^-N"')- QEttT