Allowed

Mohd Shafeeq Ahmed v. The State of Telangana

Telangana HC20 Dec 2021CRLP/8625/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition to quash proceedings and复合 orders under Section 482 Cr.P.C. The court quashed the case following a compromise between the accused petitioners and the complainant respondent, with a condition to pay fees to the Advocates Association.

What did the court decide?

Proceedings in C.C. No. 12600 of 2020 were quashed against the petitioners subject to payment of Rs. 10,000 to the Advocates Association and filing proof.

Mohd Shafeeq Ahmed Vs The State of Telangana — Quashing and FIR | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IVONDAY, THE TWENTIETH DAY OF DECEIVBER 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 a nd 3 of 2021

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IN/AND

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CRIMINAL PETITION NO: 8625 OF 2021

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Between:

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Mohd Shafeeq Ahmed, S/o Mohd Ayub, Age.35, Occ, Business, Ryo. H. No. 162-8671412, JYJ Col6ny, Saidabad, Hyderabad.

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l,4ohammed Zubair alais Zubair Patel, S/o Mohammed Yousuf, Age. 30 yrs, Occ. Business, R/o H.No.20-7-17, Himmathpura, Kilwath, Hyderabad^-

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A,4ohd Yakhub alais Parvez Patel, S/o Molid. Yousuf, Age. 35 Yrs, Occ. Business, R/o. H.No. 20-7-17. Himmathpura, Shah Ali Banda, Hyderabad.

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Mohd. Omer alias lrilohd. lrfan, S/o lrilohd. Yousuf, Age. 52 Yrs, Occ. Business, Rio. H.No. 18-B-4, Edl Bazaar, Santhoshnagar, Hyder-bad

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I,,lohd. Amer alias Amen Qreshi, S/o Mohd. Hussain, Age. 28 Yrs, Occ. Business, R/o. H.No. 19-3-67714173, Misri cuni, Hyderabad.

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...PETITIONERS/ACCUSED

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ANO

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1 The State of Telangana, Through Public Prosecutor, High Court at Hyderabad, Hyderabad.

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2 Sri Mohd Mubasheeruddin alias Nawaz, S/o l\4ohd Ziauddin, Aqe. 47 Yrs, Occ Project l,4anager at Pride lndia, R/o. Plat No. G-04, Akber EnclJve Apartment, Akbar bagh, Nilalakpet, Hyderabad

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...RESPONDENTS

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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 pleased to^quash the CC No.12600 ol 2020 on the file of I C[,4M, Nampally, Hyderabad.

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LA. NO: 1 OF 2021

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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 stay all further proceedings in CC No.12600 of 2020 on the file of I CMM, Nampally, Hyderabad, including the appearance of the petitioners and be pleased to pass such other order/s as this Hon'ble Court may deem fit.

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l.A. NO: 2 OF 2021

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Between:

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Sri Mohd l,4ubasheeruddin alias Nawaz, S/o Mohd Ziauddin, Age.47 Yrs, Occ Project Manager at Pride lndia, R/o. Plat No, G-04, Akber Enclave Apartment, Akbar bagh, I,4alakpet, Hyderabad.

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...PETITIONERiRESPONDENT NO.2

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AND

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1 Vq!{ 9t1-afggS^{Ahmed,S/o MohdAyub, Age. 35, Occ. Business,} R/o. H. No. 16_ 2-8671A12, JYJ Col6ny, Saidabad, nyderaOaO.

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2 Mohammed Zubair alais Zubair Patel, S/o N,4ohammed yousuf, Age. 30 yrs, Occ. Business, Fyo H.No.20-7-'17, Himmathpura, Kilwalh, Hyderabad^-

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3 t,4ohd Yakhub alais Parvez Patel, Sio l,4ohd. yousuf, Age. 35 yrs, Occ. Business, R/o. H.No. 20-7-17. Himmathpura, Shah Atr Banda, Hyderabad.

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lvlohd Omer-alias Jt4ohd. lrfan, S/o Mohd. yousuf, Age. 52 yrs, Occ. Business, R/o. H.No. 18-8-4, Edi Bazaar, Santhoshnagar, Hyderibad

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Mohd. Amer alias Amen Qreshi, S/o Mohd. Hussain, Aqe. 2g yrs, Occ. Business, tuo. H.No. 19-3-677tN73. Misri Gunj. Hyderabad.^"

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...PETITIONERS/ACCUSED

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6 The State of Telangana, Throuoh^public prosecutor, High Court at Hyderabad, Hyderabad.

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.RESPONDENTS

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Petition under Section 482 R/w 320 (6) 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 permit the petitioner to compound the cc No. 12600/2020 pending on the file of I CMI,4, Nampally, Hyderabad.

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I.A. N F 202,1

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Petition under Section 482 R/w 320 (2) of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High Court may be pleased to record the compromise between the petitioner and respondents in C.C.NO.12600 of 2021 on the fite of I CIVIM, Nampa[y, Hyderabad and quash the proceedings.

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This Petition coming on for hearing, upon perusjng the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri v. venkata Mayur, Advocate for the Petitioner in Crl.p.No.g62 512021 & RRS 1 to 5 in Both lA.Nos.2 & 312021 and of the Pubric prosecutor on beharf of the Respondent No.6 in Crl.P. & l.A.Nos.2 & 312021 and of Sri p. Shiva Reddy, Advocate for the Respondent No.2 Crl. P. No.86 2512021 & for the^petitioner in Both t.A.Nos.2 & 3t2021.

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The Court made the following: COMMON ORDER

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

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I.A.Nos.2 and 3 qf 2O21 IN/AND

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CRIMINAL PETITION No.8625 OF 2O2].

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COMM N ORDER:

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This Criminal Petition is filed by the petitioners/ accused Nos. 1,3, 5 to 7 to quash the proceedings in C.C.No. 12500 of 2O2O on the lile of the I Chief Metropolitan Magistrate, Nampally, Hvderabad, registered for the offences punishable under Sections 324 and 506 read with 34 IPC.

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During the pendency of the present Criminal Petition, the parties have compromised the matter and, accordingly, respondent No.2-de facto complainant filed I.A.Nos.2 and 3 of 2021 to permit him to compound the offences and to compromise the case in C.C.No.1260O of 2O2O.

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Vide order dated 06.12.2021, this Court, after recording the submissions made by the learned counsel for the petitioners as well as respondent No.2, directed the parties to appear before the Secretary, Telangana High Court Legal Services Committee, Hyderabad, on or before 17 .12.2021 for their identification and also directed the Secretary to submit a report by 17.12.2021. In compliance with the said order dated 06.12.2021, the Secretary has submitted his report rlated 14.12.2O21 .

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In the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, it is stated that in obedience of the orders dated 06.12.2021, the petitioners and

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the 2nd respondent have appeared before him along with their counsel and on examination and verification of their particulars from their Aadhar Cards, they were tallied. Thus the identification of both the parties has been established. 5. The parties herein have fi1ed a joint memo of compromise. The said joint memo of compromise and the report of the Secretary are placed on record.

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The joint memo would reveal that the 2".r respondent lodged a report against the petitioners herein/Accused Nos. 1,3, 5 to 7 u,hich is registered as a case in 462 of 2018 b1, the Police, Chandrayanagutta Police Station, Hyderabad and the same was numbered as C.C.No.12600 of 2020 on the tile of the I Chief Metropolitan Magistrate, Nampally, Hyderabad. During pendency of the said case at the instance of the elders, they have settled the disputes betlveen them amicabl-v and he has no objection to quash the proceedings against the petitioners herein/A. 1, A.3,A.5 to A.7 in C.C.No.12600 of 2020.

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In view the said report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad and also in vieu' of the compromise entered between the petitioners and respondent No.2, I.A.Nos.2 and 3 of 2O2I are allorved. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.126OO of 2020 on the file of the I Chref Metropolitan Magistrate, Nampally, Hyderabad, are herebl. quashed against the petitioners herein/A. 1, A.3, A.5 to A.7

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subject to payment of an amount of Rs. 10,000/-(Rupees Ten Thousand Only) to the Telangana High Court Advocates, Association, Hyderabad, within ten (10) days from today, and file proof of the same into the Registry.

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As a sequel, the miscellaneous petitions, pending if any,

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shall stand closed -

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SD/.K.SAILESHI ASSISTANT RE T R //TRUE COPY// SECTI CER

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Note: Cost Memo filed by Sri. V.^{Venkatalvlayur,} Advocate in Crl.P.No.8625/202'1,^{ReceiptNo.53585,} dated 25.01.2022 Amount Rs.10,000/-^{(Rupees Ten} Thousand Only) Paid to Telangana^Advocales Association, Hyderabad.

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SO/-K.SAILESHI ASSISTANT REGISTRAR

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Note: Amended as^per the order dated 21.02-2022 ln l.A.No.ol ol 2022^(on being mention) by lncorporating C.C.No.12600 of 2020 instead of C.C.No.12500 of 2020.

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This order Substitutes the order dated 20-'12.2021 ln l.A.Nos.2 & 3 ol 2021 in/and Crl.P.No.8625^{ol 202'1} Which was dispatched on 14.02.2022

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SD/-K.SAILESHI ASSISTANT REGI R ,TRUE COPY//

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SECTI ER

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To,

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1 The I Chief I,4etropolitan Magistrate, Nampally, Hyderabad. 2 One CC to Sri V. Venkata N/layur,^Advocate [OPUC] 3 One CC to Sri P. Shiva Reddy. Advocate IOPUC] 4 Two CCs to the Public Prosecutor, High Court^for the State^{of Telanganaat} Hyderabad. [OUT] 5 The Secretary, Telangana High Court Advocates^{Association,Hyderabad.} 6 Two CD Copies

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7 One Spare Copy s br

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HIGH COURT

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DATED: 2011212021 DATED: 0210212022

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AMENDED ORDER

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l.A.Nos.2 and 3 of 2021 IN/AND CRL.P.No.8625 ot 2021

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1 STA}€
(
,J 06 APn 202
* 1+
D;n'. '.- ,.

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ALLOWING THE CRL.P AND l.A.Nos.2 &3OF202'l

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Mohd Shafeeq Ahmed v. The State of Telangana

Case brief

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Mohd Shafeeq Ahmed v. The State of Telangana

Case brief

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