Telangana High Court
CRLP/9384/2022 of Mr.Mohd Yousuf Uddin and 2 Others Vs Mrs. Ayesha Begum on 30 December 2022
COU RT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9384 OF 2022 Between: 1. Mrs. Ayesha Begum, Wo Mohd Yousuf Uddin, Aged about 42 years, Housewife, Ryo 12-45l2,YNR
IN THE HIGH COU RT FOR THE STATE OF TELANGANAAT HYDERABADAT HYDERABAD
FRIDAY,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 9384 OF 2022
ALONG WITH l.A.Nos. 1 and 2 OF 2022
LA.Nos. 1 and 2 OF 2022
Between:
1. Mrs. Ayesha Begum, Wo Mohd Yousuf Uddin, Aged about 42 years,Housewife, Ryo 12-45l2,YNR Colony,Satamrai, Shamshabad, Ranga ReddyDist.Housewife, Ryo 12-45l2,YNR Colony,Satamrai, Shamshabad, Ranga ReddyDist.
2. The State of Telangana, Through SHO, RGI Shamshabad Police Station,Police Station, Cyberabad, rep. by its Public Prosecutor, High Court ofTelangana, at Hyderabad.Police Station, Cyberabad, rep. by its Public Prosecutor, High Court ofTelangana, at Hyderabad.
...RESPONDENT/DEFACTO COMPLAIANT
AND
1. Mr.Mohd Yousuf Uddin , S/o Late Naseeruddin, Teacher, Aged about 53years R/o 6-2861 , Meer Bagh colony, Nalgonda.years R/o 6-2861 , Meer Bagh colony, Nalgonda.
2. Mrs. Parveen Sultana, Wo Matheen Ahmed, Housewife, Aged about 35years, Ryo 6-2861 , Meer Bagh Colony, Nalgonda.years, Ryo 6-2861 , Meer Bagh Colony, Nalgonda.
3. Mr.Matheen Ahmed, S/o Late Basheer Uddin, Teacher, Aged about 48 years,F/o 6-2861 , Meer Bagh Colony, Nalgonda_.F/o 6-2861 , Meer Bagh Colony, Nalgonda_.
...RESPONDENT/ACCUSED No.1,2 & 3
LA. NO: 1OF 2022
Petition under Section 320(6) of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to permit the Petitioner/Respondent No.2/petitioner to compound theoffense in C.C No. 368112021, for the offences U/Sec.498-A and Section 3 and 4of D.P Act pending on the file of Addl. Junior Civil Judge Cum Xll Addl.Metropoiitan Magistrate, Rajendranagar, in the interest of [justice, ]rn the interestof [justice.]
l.A. NO: 2 OF 2022
Petition under Section 320(2)of Cr.P.C praying that in the circumstancesstated in the [\,4emorandum of GrounCs of Criminal Petition, the High Court maybe pleased to pernrit and record the compromise and quash the proceedings inCC No. 368'1/2021. for the offences U/Sec.498-A and Section 3 and 4 of D.P Actpending on the file of Addl. Junior Civil Judge Cum Xll Addl. MetropolitanI\,4agistrate, Rajend ranagar.
CRIMINAL PETITION NO: 9384 OF 2022
Between:
1. Mr.tr,lohd Yousuf Uddin , S/o Late Naseeruddin, Teacher, Aged about 53years R/o 6-2861 , Meer Bagh colony, Nalgonda.years R/o 6-2861 , Meer Bagh colony, Nalgonda.
2. Mrs. Parveen Sultana, Wo Matheen Ahmed, Housewife, Aged about 35years, R/o 6-2861 , Meer Bagh Colony, Nalgonda.years, R/o 6-2861 , Meer Bagh Colony, Nalgonda.
3. Mr.Matheen Ahmed, S/o Late Basheer Uddin, Teacher, Aged about 48 [years,]R/o 6-2861 , lt,leer Bagh Coiony, Nalgonda.R/o 6-2861 , lt,leer Bagh Coiony, Nalgonda.
...PETITIONEFYACCUSED No.1,2 &3
AND
1. Mrs. Ayesha Begum, Wo Mohd Yousuf Uddin, Aged about 42 years,Housewife, R/o 12-4512,YNR Colony,Satamrai, Shamshabad, Ranga ReddyDist.Housewife, R/o 12-4512,YNR Colony,Satamrai, Shamshabad, Ranga ReddyDist.
2. The State of Telangana, Through SHO, RGI Shamshabad Police Station,Police Station, Cyberabad, rep. by its Public Prosecutor, High Court ofTelangana, at Hyderabad.Police Station, Cyberabad, rep. by its Public Prosecutor, High Court ofTelangana, at Hyderabad.
... RESPONDENT/DEFACTO COMPLAINANT
Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to Quash the proceedings in This Honourable Court may please toquash the proceedings in C. C No:3681 ol 2021 on the file of HonourableAdditional Junior Civil Judge Cum Xll Additional Metropolitan Magistrate,Rajendranagar in the interest of Justice and equity .
These Petitions coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri MOHDRIYAZ PASHA ,Advocate for the Petitioners in Crl.Petition and Respondent No. 1in l.A.Nos. 1 & 2 of 2022 and the Public Prosecutor on behalf of the RespondentNo.2 in Criminal Petition and Petitroner No.2 in l.A.Nos.1 and 2 ot 2022 and ofSri IvIOHAMMED MASOOD ALI Advocate for the Respondent No. I inCrl.Petition and Petrtioner in l.A.Nos. 1 and 2 of 2022.
The Court made the following: COMMON ORDER
THE HONOURABLE SRI JUSTICE K. SURENDERCRIMINAL PETITION No.9384 OF 2022ALONG WITH I.A.Nos. 1 and 2 O? 2022
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COMMON ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C.,seeking to quash the proceedings in C.C.No.3681 af 2O2l onthe file of Additional Metropolitan Magistrate at Rajendranagar,Cyberabad. The petitioners herein are accused Nos.l, 2 and 3in the said case. The offences alleged against the petitionersherein are under Sections 498-A of I.P.C and Sections 3, 4 ofD.P.Act.
2. Heard learned counsel appearing on both sides andlearned Additional Public Prosecutor for the State. Perused therecord.
3. During the pendency of the preseqt Crimina-l Petition, theparties have compromised the matter and, accordingly,respondent No.2-de facto compLdnant liled I.A.Nos. 1 and 2 of2022 to permit them to compound the offences and tocompromise the case.
4. Vide order dated 27 .lO .2022, this Court, after recordingthe submissions made by the learned counsel for the petitioner
2
KS,JC.l.Petition No.9384 [of ][2022]Alon8 with l. A. N os. 7 and 2 oI 2022
as weil as respondent No.2, directed the parties to appearbefore the Secretary, Telargana High Court Legal ServicesCommittee, Hyclerabad, for their identification and also directedthe Secretar5z to submit a report by 17.11.2022. In compliancewith the said order, the Secretary has submitted his report, on03.tt.2022.
5. In the report of the Secretar5r, Telangana High Court LegalServices Committee, Hyderabad, it is stated that in obedience ofthe orders dated 03.1 1.2022, the petitioners and ttre 2"drespondent have appeared before him along with their counseland on examination and verification of their particulars fromtheir Aadhar Cards, they were tallied. Thus the identification ofboth the parties has been established.
6. The parties herein have hled a [joint ]memo of compromisestating that they have agreed among themselves to compromiseand resolve al1 the disputes, they have settled the disputesbetween them amicably and 2na respondent has no objection toquash the proceedings against the petitioners herein in theabove Calendar Case. The said joint memo of compromise andthe report of the Secretary are placed on record.
7 . In vieu, of the said report of the Secretary, Telangana HighCourt Legal Services Committee, Hyderabad and also in view ofthe compromise entered between the petitioner and respondentNo.2, I.A.Nos. I and 2 of 2022 are allowed. Consequently, theCriminal Petition is allowed and the proceedings1nC.C.No.3681 of 2O2l on the file of Additional MetropolitanMagistrate at Rajendranagar, Cyberabad, against thepetitioners-Accused Nos.1, 2 and 3 are hereby quashed,petitioner have undertaken to pay an amount of Rs. 10,000/-(Rupees Ten Thousand Only)1n favour of Director, SainikWelfare, Hyderabad, (Savings A/c.No. 52LaA926279, StateBank of india, Shantinagar Branch &, 2OO7O, IFSC Code:[REDACTED], MICR No. 500004057), within a period of oneweek from today, and file proof of the same into the Registry.
As a sequel, the miscellaneous Petitions, pending if any,shall stand closed.
To,
Sd/. N. SRIHARIASSISTANT.RFGISTRAR('1't-r--'--SECTION OFFICER
//TRUE COPY'
1. TheAdditional JuniorCivil Judge Cum Xll Additional MetropolitanMagistrate, Rajendranagar.Magistrate, Rajendranagar.
2. The Station House Officer, RGI Shamshabad Police Station, Cyberabad .
3. Two CCs to Public Prosecutor, High Court for the State of Telangana, atHyderabad.(OUT)Hyderabad.(OUT)
4. One CC to SRl. MOHD RIYAZ PASHA Advocate [OPUC]
5. One CC to SRl. MOHAMMED MASOOD ALI [Advocate ]IOPUC]
6. The Secretary Telangana High Courts Advocate Association, Hyderabad.
7. Two CD Copies
(along with a col)v of Joint mem() of c()mpromise)
Cost Memo:
Note: Amount paid by Petitionerlaccuscd Nos- I to 3, towards 10,000/- (Ten Thousand Only)in favour of Director. Sainik Welfare. Hy,-derabad, (Savings A,/c.No. 52188926279, StateBank of India, Santinagar Branch(20070), IFSC Code-SBINOO20070,MICR No.500004057.
USRNo. ,,22 date: I 12022
CDLPR
HIGH COURTDATED:3011212022
-
COMMON ORDERCRL.P.No.9384 of 2022ALONG WITH I.A.Nos. I ald2 [()F ]21t22
1[HE sTA]\6 FEt 2023[ \iALLO\\'INC THE CRII\IINAL PETITION?r,:-a'
?rrq [']7-G \r \,s
Memorandum of Criminal petition
(Under Section 48_2 of.Cr.PC)
5r,,{'(. )-)
IN THE HIGH COURT FOR THE STATE OF TELANGANAATHYDERABAD - .d- '}i, ].." J "<^--':,. Crl.P. No. l Zfy ot ZoZZINC. C No: 3681of 2O2l (On the file of Honourable Addl. Junior Civil Judge Cum XII Addl.Metropolitan Magistrate, Rajendranagar Between:
1. Mr.Mohd Yousuf Uddin S/o Late NaseeruddinAged about 53 years R/o 6-2861,Meer Bagh colony, Nalgonda.2. Mrs. Parveen sultana W/o Matheen AhmedAged about 35 years R/o 6-2861,Meer Bagh colony,Nalgonda.Aged about 53 years R/o 6-2861,Meer Bagh colony, Nalgonda.2. Mrs. Parveen sultana W/o Matheen AhmedAged about 35 years R/o 6-2861,Meer Bagh colony,Nalgonda.
3. Mr.Matheen Ahmed S/o late Basheer UddinAged about 48 years R/o 6-2861 ,Aged about 48 years R/o 6-2861 ,Meer Bagh colony, Nalgonda. ... Petitioners / Accusedl,2 & 3AND
AND
1. Mrs. Ayesha BegumW/o Mohd Yousuf Uddin,aged about 42years ,R I O 12-45 / 2,YNR Colony,Satamrai,Shamshabad, Ranga Reddy Dist.
2. T}re State of Telangala,through SHO, RGI Shamshabad Police Station, iPolice Station, Cyberabad,rep. by its Public Prosecutor,High Court of Telangana, at Hyderabad. ... Respondent/Defacto Complair JOINT MEMO FILED BY THE BOTH PARTIES
It is submitted that the Petitioners/Accusedl, 2 &,3 and the Respondent No.2/Defacto petitioner were compromised before the \
elders & well-wishers, and /petitioner haver10objections toquashing the proceedings in C.C No: 3681 12021 , for the offencesU/Sec.498-A, anrl Section 3 & 4 of D.P Act pending on the file ofAddl. Junior Civil Judge Cum XII Addl. Metropolitan Magistrate,Rajendranagar in the interest of [justice.]
W/ACCUSED [NO.1]
COUNSELR T]{E PETITIONtrRS PETITIO
g_-
x..PETITIONER/ACCUSED NO.2
PETITIR/ACCUSED NO.3
COUNSELFORTHE 2ND RESPONDENT [RES]NDENT N2
Hyderabad
Dated: fr.W.2o22