Abdul Rahman Shaik Ahmed @ Irfan v. The State of Telangana

I

THE HONOURABLE SRI JUSTICE K. SURENDER

CRIMINAL PETITION No.llOO2 OF 2023 ALONG WITH I.A.NOs.1 & 2 OF 2o23

COMMON ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.9669 of 2O2O pending on the file of learned XIII Additiona,l Chief Metropolitan Magistrate, Hyderabad. The petitioners are accused Nos.l to 4 in the said case. The offences alleged against the petitioners herein are punishable under Sections 498-A and 506 of Indian Penal Code and Sections 4 a;rd 6 of Dowry Prohibition Act

2. Heard learned counsel appearing on both sides and learned Additional Public Prosecutor for the State. Perused the record.

3. During the pendency of the present Criminal Petition, the parties have compromised the matter and, accordingly, the parties have filed I.A,Nos. 1 & 2 of 2023 to permit to compound the offences and to compromise the case.

4. Both parties are appeared before the Court along with their counsels and identified by Additional Public Prosecutor, on examination and verification of their particulars from their

L

4

)

\Aadhar Cards, they were tallied. Thus the

identification of both the parties

has been established. Both

partres have compromised the case

with their free will.

5. In view the compromise entered between the petitioners/accused Nos. 1 to 4 and respondent No.2, I.A.Nos. t& 2 of 2023 are allowed. Consequently, the Criminal petition is allowed and the proceedings in C.C.No.96 69 of 2O2Opending on the file of learned XIII Additional Chief Metropolitan

Magistrate, Hyderabad, are hereby quashed against the petitioners/Accused

Nos. I t

have undertaken to pay an

Thousand

o 4. Petitioners/Accused

Nos. I to 4

amount of Rs. lO,O00/_(Rupees Ten

(Savings

Only) to The Director,

A/c.No.52t8 8926279,

Sainik Welfare, Hyderabad

State Bank of

shantinagar Branch (20070), IFSC code :s8IN002007

No.5O0OO4O57), within a period of ten days from today,

proof of the same into the Registry.

As a sequel, the miscellaaeous petitions,

shall stand closed.

India,

O, MICR

and IiIe pending if any, SD/-A.V.S PRASAD

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. The Xlll Additional Chief Metropotitan Magistrate at Nampally, Hyderabad.

2. The Station House Officer, Women police Station, CCS, Hyderabad District

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. One CC to SRl. TASLEEM FAT|MA, Advocate IOPUCI 5. One CC to SRt. MOHD ABDUL eAtyOUM, Advocate [OPUC] 6. Two CD Copies

ti

5

pr Along with a copy of Joint Memo of Compromise NOTE: Amount paid by SRI TASLEEM FATIMA' Counsel for the Petitioner towards

Costs of Rs. 10,0001 (Rupees ten thousand only) directed by the Hon'ble Court

dated 10.11.2023 to the Director, Sainik Welfare' Hyderabad (Savings A"/c.No.521889 26279, Slate Bank of lndia' Shantinagar Branch (20070)' IFSC Code:

SB|N0O2007O, MICR NO 500004057 and an amount of Rs 10'000/- and filed^Memo

of Proof of ComplianceUSRNo'125295of 2023daled 20122023

6

I,

)

r

6

I

HIGH COURT

DATED: 1011112023

COMMON ORDER

CRLP.No.11002 ot 2023

ALONG WITH

LA.NOs.1 AND 2 OF 2023

ALLOWING THE CRL.PETITION

AND l.A.NOs.l AND 2OF 2023 \

\

ytE ST4p 6

(

o r_)

2 1 0E[ 2023

-Z o )-i .A=

i *C5

'fr0s rr.1 *T:i o.ie

&ffi

7

T=-r .lh i 't,r',i tiit,rtxl 20

INTHE HIGH COI]RT FORTHE STATE OF TELANGANA

, ATIIYDERABAD I Crt.p.No. 'l I oo-Lof 2023

I

Between

2. Saleha BegumWo.Late. Abdul Ghani Shaik Ahnted, Na 66 yrs, Occ: Household, wo.H.No.9-4-29lB/l l,Hakeempet, near .. Sana Hotel, Tolichowki, Golconda, Hyderabad

3. AMul Moghni S/o Late.Abdul Ghani Shaik Ahmed Na.44 W Occ: Gow.Servzrnt, Wo.H.No. l-5-27, Near SBH Bank, Police Sation Road, Narayankhed.

4. Abdul Hayee S/o late.Abdul Ghani Shaik Ahmed, A,/a. 38 yrs,Occ: Pvt.Service, R/o.I{.No.9-4-29lB/l l, ' Ilakeempetl near sana hote.l, Tolichowki, Golconda, Hyderabad. . . . petitioners/Accused No. 1 to 4

The state ofTelangana,

And

rep. by its Public Prosecutor,

High Court at Hyderabad.

. . . Respondent/Complainant _Smt.

Ahmedi Begum @ Salma Wo. Abdul Rahman Shaik.rAfimed @ hfa4 A,/a.33 years, Occ: Household, R/o.H.No.8-l-39BlpM/460, - Rimsha Enclave,3d Floor, Flat No.303, paramount Colony,.Gate-1,

Tolichowki, Hyderabad. Presently residing at H.No. 6-76-5dElp, pasha

Colony, Puppalgud4 RR Diskict.

. . . Respondent/Defacto-Complainant Ghani Shalk ahmed, Aged abJrt 34 years, Occ: Private service, Wo.H.No.9- 4-29 lB / I l,Hakeempet, near Sana Hotel, Tolichowki, Golconda, Hyderabad Iy.llty tesiding at H.No. 6-i6-50/E/p, pasha Colony, puppalguda, RR District.

I

2

JOINTMEMOFILED BY THE PETITIONERS &REP SONDENT-2

UNDERSECTION 32O OF CRP.C.

1. It is submitted that basing on the complaint given by the 2d respondent herein the police registered a case u/s 498-A, 506 of IpC vide FIR No 701 of 2018. Later the police after completion of investigation , filed thU. Charge sheet vide C.C. No. 9669 of 2O20 for the offences i under sectibn 498-A IpC, Sec. 4 & tjd Dp Act against the 20lPage

8

2t petitioners/Accused No.l and 2 and Sec 498-,{ IPC against Petitioners/Accused No.3 and 4 and deleted the Section 506 of IPC in the charge sheet.

2. It is respectlutly submitted that with the intervention of elders,^the petitioners as well as the 2'd respondent/defacto coniplainant^have compromised the matter amicably outside the I{on'ble Court, and the petitioner/Accused No.l and the 2nd Respondent living together from past 3 years as husband and wife as such the 2'd respondent pleads that she intend to withdraw her complaint made against^the petitioners/accused No.l to 4, but as the offences in the present case are non-compoundable in nanrre, t}te 2nd respondent given a swom affidavit pleading to compound the offences and to permit her to compromise the case, as she wants to withdraw the case. To^that effect a Joint Compromise Memo is also being filed herewith for kind perusal of this Hon'ble Court' Unless this Hon'ble Court permits the petitioners as well as the 2"d respondenydefacto complainant to compromise the matter by compounding^the offences, in view of the said settlement, no purpose would be served in continuing the above said case. Hence, the present Joint Memo^is being filed.

It is therefore prayed that this Hon'ble Court may be pleased to record the joint memo of conrpromise and quash the proceedings in C.C.No.9669 of 2020 pending on thc file of XIII Addl. Chief Metropolitan Magistrate, Hyderabad, and to pass such other order or orders as this Hon'ble r<<(ttZO.

Court may dee/q fit a

l' ''' Ak 2 -frt,

nd proper in the ci

-I\')

rcumstances of the case

unse pondent-2

3.^\-.

At

Respondent No.2

4.

Petitioners Hyderabad, Dt. .2023. 2lll'agc or

tioners

9