Allowed

g.prashanth reddy v. state of telangana

Telangana HC8 Mar 2021CRLP/791/2018

Case brief

AI extract

What is this about?

The High Court, Hyderabad, allowed a criminal petition and inter-linked applications under Section 482 and Section 320 CPC, quashing criminal proceedings registered against the petitioners in the underlying FIR following a recorded compromise between the parties.

What did the court decide?

Criminal petition and I.A. Nos. 2 and 3 allowed; proceedings in C.C. No. 27B of 2015 quashed in view of compromise.

g.prashanth reddy Vs state of telangana — Dowry and Cruelty | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

WEDNESDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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l.A.NOs 2 and 3 of 2020

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In/And

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CRIMINAL PETITION NO: 791 OF 2020

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CRL P. NO: 791 OF 2020

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Between

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lVohammdi Begum @ Ivlohammedi Begum, W/o. It4d lshag Ansari, Aged about 54 years, Occ. Household, R/o. H.No. 18-11-67145127/'1 , Barkas, Hyderabad.

¶11

tVohd lshag Ansari @ It4d lshag Ansarr, S/o. Late. Abdul Khaled Ansari Aged about 63 years, Occ. Nill, R/o. H.No. 18-1 1-6714512711, Barkas, Hyderabad.

¶12

N,4ohammed Am.1ad Ansari, W/o. N/d lshaq Ansari, Aged about 40 years, Occ. Pl,t Service, R/o. H.No. 18-11-67145127 /1 , Barkas, Hyderabad. Rep by his GPA Holder IVd lshaq Ansari S/o Late, Abdul Khaled Ansari Aged about 63 years, Occ. Nill.

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...PETITIONERS/ACCUSED NO.1 TO 3

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AND

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The State of Telangana, Represented by Public Prosecutor, High Court through WPS, South Zone, At Hyderabad.

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...RESPONDENT/COMPLAINANT

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Shabana Begum, W/o. I/ohammed Amjad Ansari, aged about 27 years, Occ. Household, R/o. H.No 19-3-201127, Jahanuma, Hyderabad.

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...RESPONDENT/DEFACTO COM PLAINANT

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the l\4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.27B of 2015 pending on the file of Honble XV Addl. C lV.I\4. Hyderabad.

¶20

l.A, NO: 1 OF 2020

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition,the High Court may be^pleasedto stay all further proceedings in C.C.No.278 of 2015^pending on the file of Honble^XV Addl. C.lV.N/. Hyderabad, pending disposal of the^{quash petition} on the file of this Honble Court.

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l.A. NO: 2 and 3 OF 2020

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BETWEEN-

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1 Shabana Begum, W/o Motrammed Amjad Ansari, aged aboul2T years, Occ Household, R/o. H. No 1 9-3-201 127, Jahanuma, Hyderabad.

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...RESPONDENT No.2/DEFACTO COMpLATNANT

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And

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Ir/ohammt Begum @ tr/9h3rmm9d! Begum, W/o. Ir,/d tshag Ansarj, Aged about 54 years, Occ. Household, R/o. H.No. 1B-j1-67145i21lj, Baikas, HyderiOad.

¶28

lvohd lshaq Ansari @ Ir/d rshaq Ansari, S/o. Late. Abdur Khared Ansari Aoed about 63 years, Occ. Nill, F/o. H.No. 18-'1 1-6714512711, Barkas, Hyderabad.

¶29

lt/ohammed Amjad Ansari W/o. IVd Ishaq Ansari, Aged about 40 years, Occ. pvt Service, Ryo. H.No. iB-1^1-67145t27t1 , Barkas, Hiderabad. Ref by his GpA Holder tr/d lshaq Ansari s/o. Late. Abdul Khaled Ansari Aged abori 6l yelrs. Occ. Nill.

¶30

4 r WPS, he prate South r, Zone, At t",, " nu "", Hyderabad.^I"=ot:""::: *H : :: :::::.1 lll Ji:l -i'

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.......Respondent No.4

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l.A. NO: 2 OF 2020

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Petition under section 320(6) of cr. p.c praying that in the circumstances stated in the lr/lemorandum of Grounds of criminal petition,the High court may be pleased to permit the petitioners and the respondent No. 2 to compromise the above case by compounding the offence in crime No. 278 of 2015 of pending on the file of XV Addl. Chief Metropolitan Magistrate Court, at Hyderabad.

¶34

LA. NO; 3 OF 2020

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Petition under Section 320 R/w. 482 of Cr.p.C praying that in the circumstances stated in the [t/emorandum of Grounds of criminal petition,the High court may be pleased to quash the proceedings in cc No. 278 of 201s, pending on the file of Honorable xv Additional chief lr/etropolitan N/agistrate court, at Hyderabad, in view of compromise entered between the petitioners and the respondent No.2.

¶36

This Petitions coming on for hearing,upon perusing the l\rremorandum of Grounds of criminal Petition and upon hearing the arguments of Sri SOHAIL AHIVED .Advocate for the Petitroners in criminal petition and for the Respondents 1 to 3 in lA Nos 2 and 3 of 2o2o and the public prosecutor on behalf of the Respondent No. 1 in criminal petition and Respondent No.4 in lA Nos 2 and 3 of 2020 and of Sri shakeel Ahmed, Advocate for the Respondent No.2 in crl.p. and the Petitioner in lA.Nos 2 and 3.

¶37

The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

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I.A.Nos.2 AND 3 of 2O 20 IN AND CRIMINAL PETITI ON No.79l OF 2O2O

¶40

ORDER:

¶41

This Criminal Petition is filed by the petitioners/A-1 to A_3 in C.C.No.27B of 2Ol5 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 498-A read with Section 34 IpC and Sections 4 and 6 of the Dowry prohibition Act, to quash the proceedings in the above said crime.

¶42

During the pendency of the present Criminal petition, the parties have compromised the matter and, accordinglv, respondent No.2-de facto complainant filed I.A.No.2 of 2O2O to permit to compromise and I.A.No.3 of 2O2O to record the compromise and allow the criminal petition by quashing the proceedings against the respondent/ accused in C.C.No.27B of 2015.

¶43

Vide order dated 29.12.2O2O, this Court, after recording the submissions made by the learned counsel for the petitioners as rvell as respondent No.2, directed the parties to appear before the Registrar (Judicial) of this Court for their identification and also directed the Registrar (Judicial) to submit a report bv 19.O1.2021. In compliance u,ith the said order dated 29.12.2O2O, the Regrstrar (Judicial) has submitted his report dated 06.01 .202 1.

¶44

¶45

¶46

4 . In the report dated 06 .O 1 .2O2I of the Registrar (Judicial), it is stated that on oral exarnination, respondent No.2 has statecl that she had filed a complaint against the five persons before the police Station, WpS South Zone, Hvderabad, for the offence under Sections 498_4, r/w 34 IpC and Sections 4 and 6 of D.P.Act and that same has been registered as Cr.No. 12 of 2015 and later it was numbered as CC.No.278 of 201S on the file XV Additional Chief Metropolitan Magistrate at Hyderabad and that now she has approached this Court for recording the compromise.

¶47

The parties herein have filed a joint memo of compromise dated 31.01.2020. The said joint memo of compromise dated 31.01.2O2O and the report of the Registrar (Judicial) dated 06. O 1 . 2O2l are placed on record.

¶48

6 . in view th e said report and also in vier.l, of the compromise entered between the petitioners and respondent No.2, I.A. Nos.2 and 3 are aliowed. Consequently, the Criminal Petition is allou,ed and the proceedings in C.C.No.27B of 2015 on the lile of XV Adclitional Chief Metropolitan Magistrate at Hyderabad, are hereby quashed. Miscellaneous petitions, pending if any, shall stand closed.

¶49

Sd/.I.NAGA LAKSHMI ASSISTANT REGIS

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To,

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\ //TRUE COPY// SECTION OFFICER

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The XV Additional Chief l,4etropolitan tVlagistrate at Hyderabad.

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The Station House Officer, Women police Station, South Zone, At Hyderabad

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One CC to SRt SOHATL AHTVED Advocate tOpUCl

¶55

*-T.

¶56

Two CCs to the^{PUBLIC PROSECUTOR,HighCourt of Judicature at} Hyderabad [OUT]

¶57

Two CD CoPies

¶58

Encl:Joint Memo in l.A.^{No. 3 of 2020 in} Criminal Petition No.^{791of 2020.}

TI\ .b-

HIGH COURT

KL,J

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<br>

DATED:20l01t2021

ORDER

t.A.NO. 2 AND 3 0F 2o2o

¶67

IN/AND

¶68

CRLP.No.791 of 2020

¶69

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¶70

ALLOWING CRIN{INAI- PETITION AND I.A.NOs 2 AND 3 OF 2020 rN TITRMS OF COMPROMISE.

¶71

z'tO
?

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./r fu.-(j

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(PETIT|ON FrLED U/S 482 OF CR|MINAL^pROCEDURE CODE) THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AT HYDERABAD

¶74

BETWEEN:

¶75

"l . Shabana Begum W/o. l\4ohammed Amjad Ansari, aged about 27 years, Occ: Household, R/o, H.No 19-3-201127 , Jahanuma, Hycierabad.

¶76

... Respondent No.2/ Defacto complainant

¶77

The State of Telangana, Represented by Public Prosecutor, Hlgh Court through WPS, South Zone, At: Hyderabad.

¶78

....Respondent No.1/ Complaina nt

¶79

AhI D

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Mohammdi Begum @ Mohammedi Begum Wio Md lshaq Ansari, Aged about 54 years, Occ: Household,

¶81

Mohd lshaq Ansari @ Md lshaq Ansari S/o. Late. Abdul Khaled Ansari Aged about 63 years Occ: Nill,

¶82

Mohammed Amjad Ansari W/o. Md lshaq Ansari, Aged about 40 years, Occ: Pvt Service, Rep by his GPA Holder Md lshaq Ansari S/o. Late. Abdul Khaled Ansari Aged about 63 years, Occ: Nill,

¶83

All are R/o. H.No. 1B-11-6714512711, Barkas, Hyderabad.

¶84

Petitioners / Accused No. 1 to 3

¶85

JOINT MEMO

¶86

That the petitioners and the respondent no.2 have compromised the matter out of the court with the intervention of elders and well wishers, ln view of the compromise, they do not want to fu(her proceed with the case in C.C No. 278 of 2015, pending on the file of Hon'ble XV Addl. Chief Metropolitan Magistrate, at Hyderabad,

¶87

s Bnrln I Respondent No.

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Petitioner / Accused No.1
t-1.
,/=

¶89

Petitioner / Accused No.2

¶90

/* Petitioner / Accused No.3

¶91

COUNSEL FOR

¶92

The Petitioners/Accused No.1 to 3

¶93

cou L FOR THE Respondent No.2

¶94

Place: Hyderabad. Dated: -01-2020

g.prashanth reddy v. state of telangana

Case brief

What is this about?

What did the court decide?

g.prashanth reddy v. state of telangana

Case brief

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