Allowed

Mohd. Mustafa Khan , Nadeem v. The State of Telangana

Telangana HC15 Jul 2022CRLP/5812/2022

Case brief

AI extract

What is this about?

The High Court of Telangana permitted the compromise of criminal proceedings under Section 320 Cr.P.C. and quashed the prosecution under Section 482 Cr.P.C. on the ground that the offences were trivial and an amicable settlement was arrived at between the parties.

What did the court decide?

The criminal proceedings in C.C. No. 1695 of 2022 pending before XVI Additional Chief Metropolitan Magistrate, Hyderabad, are quashed.

Mohd. Mustafa Khan , Nadeem Vs The State of Telangana — Cheque Dishonour | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY ,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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l.A.Nos.2&3OF2022

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IN/AND

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CRIMINAL PErlTlol! NQilq¹² 0F²⁰²²

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l.A.Nos.2&3OF2022

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Between:

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Soheil Ahmed, S/o Late Mahmood Ahmed,^{Aged 51 years, Occ Business,} Ryo.H.No.3-4-706, Narayanguda,^{HimayathNagar, Hyderabad.}

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....PETITIONERYRESPONDENT No.2

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AND

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'1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the state of Telangana, Hyderabad. ...RESPONDENT

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Mohd. Mustafa Khan @ Nadeem,^{S/o Mohammed Mujtaba Khan,Age! 4'l} years, Occ Business, FJo.H.No.Flat No.G-1, East Wind Apartments,^Road No.3, Banjara Hills, Hyderabad.

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Sved Ayub Ali, S/o Syed Yakub Ali,^{Aged 31 years,Occ PrivateEmployee,} Rio.H.Nb.5-6-2s2l8, Subhanpura,^{NearSBI Bank, Aghapura,Nampally,} Hyderabad.

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Khadeer Ali, S/o Shoukath Ali, Aged^{22 yea.s,Occ Driver, R/o.H.No.11-2-} 466, Habeebnagar, Nampally,^Hyderabad.

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....RESPONDENTS/A.No.1 to

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l.A NO:2 OF 2022

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Petition under Section 320(6) 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^permit the^{petitioner Respondent No.2to compromise the casein} in CC No. 1695t2O22 which is^{pending on the file of HonbleXVI Addl. Chief} Metropolitan Mazstarte. Hyderabad^.

¶21

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l.A. NO: 3 OF 2022

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Petition rnder Section 320(2) 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 record the compromise of the petitioner/ Respondent No.2 to compromise the case in in CC No. 1695/2022 which is pending on the file of Hon'ble XVI Addl. Chief N4etropolitan Magistrate, Hyderabad .

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CRIMINAL PEIITION NO: 5812 OF 2022

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Between:

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Mohd. Mustafa Khan @ Nadeem, S/o Mohammed Mujtaba Khan, Aged 41 years, Occ Business, Ryo.H.No.Flat No.G-1, East Wind Apartments, Road No.3, Ba rjara Hills, Hyderabad.

¶27

Syed Ayub Ali, S/o Syed Yakub Ali, Aged 31 years, Occ Private Employee, R/o.H.Nc.5-6-28218, Subhanpura, Near SBI Bank, Aghapura, Nampally, Hyderabad.

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Khadeer Ali, S/o Shoukath Ali, Aged 22 years, Occ Driver, Rt/o.H.No.l1-2466, Habeebnagar, Nampally, Hyderabad.

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...PETITIONERYACCUSED No.1 to 3

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AND

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'1. The Statr-' of Telangana, Rep. by its Public Prosecutor, High Court for the state of l'elangana, Hyderabad.

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Soheil Alrmed, S/o Late Mahmood Ahmed, Aged 51 years, Occ Business, R/o.H.Nc,.3-4-706, Narayanguda, Himayath Nagar, Hyderabad.

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...RESPONDENT/COMPLAINANTS

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the M emorandum of Grounds of Criminal Petition, the High Court may be pleased to cluash the proceeding in CC.No.1695/2022 which is pending on the file of Hon'ble XVI Addl. Chief Metropolitan Magistrate, Hyderabad against the Petitioners in the interest of justice.

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l.A. NO: 1OF 2022

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Nlemorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings including appearance of the petitioners in CC No. 169512022 which is pending on the file of Honble XVI Addl. Chief Metropolitan Magistrate, Hyderabad .

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These Petitions coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KHALED BIN SAYEED ,Advocate for the Petitioners and Crl.Petition and Respondent No. 2lo 4 in l.A.Nos. 2 & 3 ot 2022 and the Public Prosecutor on behalf of the

¶38

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Respondent No..1 in r A.Nos . 2 & 3 of 2022 and Respondent No.1 in crr.petition and of sri NIloHD. MUZAFERULLAH KHAN Advocate for the Respondent No.2 in Crl.Petition and Petitioner in t.A.Nos. 2 & 3 of ZO22

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The Court made the following: ORDER

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THE HI)N'BLE DR.JUSTICE CHILLAKUR SUMALATHA

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I.A.Nos.2 & 3 OF 2022

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IN/AND

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CRIMINAL PETITIONNo.5812 OF 2022

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COMMOJ}I ORDER:

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Thi s criminal petition is filed seeking to quash the

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proceedirrgs in C.C.No.1695 of 2022 that are pending before the court of XVI Additional Chief Metropolitan Magistral.e at Hyderabad.

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Heard Sri Khaleed Bin Sayeed, learned counsel for the petitioners as well as Sri Mohd. Muzaferullah Khan learned ccunsel appearing for the 2"d respondent.

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I.A.i\os.2 and 3 of 2022 respectively are filed by the parties to permit them to compromise the case.

¶50

Both learned counsels submit that the matter is amicably settled between the parties and indeed due to trivial iss"res, disputes arose between the parties and now there is :rmicable settlement. Therefore, the proceedings may be quashed. Learned Assistant public prosecutor lailed to r,eise any objection.

¶51

¶52

Dr_( SL, .t (il. P.t\o.5812 of 2D)

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The offences alleged to have becn committed by the petitioners as per the charge sheet are punishable under Sections 341,324, S04, 506 r/w.Section 34 IpC.

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Thus, having regard to the nature of offences alleged to have been committed by the petitioners which are not so grievous in nature and as amicable settlement is reported to be arrived at between the parties, this Court considers it desirable to quash the proceedings.

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Resultantly, I.A.Nos.2 and 3 are ordered and consequently, the Criminal petition is allowed and the proceedings that are pending in C.C.No. 1695 of 2022 before the Court of XVI Additiona,l Chief Metropolitan Magistrate at Hyderabad are hereby quashed.

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Pending miscellaneous petitions, if any, shall stand

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clo sed.

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SD/.P.PADMANABHA RE ASSISTANT REGIS

//TRUE COPY//

SECTION FFICER

To,

The XVI Additional Chief Metropolitan Magaistrate, Hyderabad.

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The STATION House Officer, Habeebnagar police Station , Hyderabad.

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Two CCs to Public^prosecutor, High Court for the state of Telangana, Hyderabad.

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One CC to SRI. KHALED BtN SAYEED Advocate [OpUC]

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one CC to SRt. MIOHD. MUZAFERULLAH KHAN Advocate [opUC]

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Two CD Copies

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One Spare Copy

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(along with a copy of Joint Memo of Compromise)

CDL Ps,"-

HIGH COURT

DATED:1510712022

ORDER

CRLP.No.5812 of 2022

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ALLOWING TT{I- CRIMINAL^PETITION.

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERBAD

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I.A.No. -)) oF 2022 IN oF 2022 CRL. P. No fir

¶84

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CC. No. 1695 OF 2022 {On^{the lile} of Ilon'ble XVI Addl. Chief Metropolitan Magistrate, Hyd)

¶86

Bctwcen:-

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Soheil Ahmed,

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S/o: tate Mahmood Ahmed, Aged 51 years, Occ: Business, R/o.H. No.3-4-7O6, N arayalguda, Himayath Nagar, Hyderabad. ... Petitioner/Respondent No.2

¶89

AND

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The State of Tetangana,

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Rep. by its Public Prosecutor, High Court for thc state of Telangana,

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. Hyderabad.

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..Respondent

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Mohd. Mustafa Khan @ Nadeem, S/o: Mohammed Mujtaba Khan, Aged 41 years, Occ: Business, R/o-H.No-Flat No.G-1, East Wind Apartments, Road No.3, Banjara Hills, Hyderabad.

¶95

Syed Ayub Ali, S/o: Syed Yakub Ali, Aged 31 yea-rs, Occ: private Employee, R/o.H.No.5-6-282/8, Subhanpura, Near SBI Balk, Aghapura, Nampally, Hyderabad.

¶96

Khadeer Ali,

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S/o: Shoukath Ali, Aged 22 years, Occ: Driver,

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R/o.H.No. I 1-2-466, Habeebnagar, Nampalty, Hyderabad.

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...Respondents/A_No.1 to 3

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l-l .1fu t.. q JOINT MEMO

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May it please your Ilonour,

¶102

It is submitted that the^{Pctitioncr/Respondent No.2is none other} than brother-in-law of the Respondent/Accuscd^{No.1.It isfurther} submitted thlt some matrimonial and^{property disputeswere pending} bctween the Petitioner/Respondcnt^{No.2arldthe sisterof the Accused} No.1 as such the Respondent No.2 todged a complaint^{before the Police} Habeebnagar, Hyderabad basing on which a^{case in Cr.No.4/2O22 was} registercd for the offences U/s.341, 324,5O4^and5O6 ofIPC^r/w.34IPC. Subsequentll the Police Habeebnagar, Hyderabad flled^{the charge sheet} and the samr: was numbered as CC.No.1695/2022^{wt.ic}r is pending on} the hle of Hon'trlc XVI Addl. Chief Metropolitan Magisbate,^Hyderabad against tire Respondents/Accused No.1 to 3.

¶103

It is submitted ttrat during the pendency of the above case, on^the intervention of elders and well wishers the matter has been compromised between the Petitioncr/Respondent No.2 and his wife i.e. sister of tlte Accused No. . Wherein they expressed their desire to compromise the matter amica bly and accordingly the Petitioner herein, sister of Accused No.1 and their two sons were entered into a Memorandum of Understanding deed on O7-O5-2O22 by settling the issue of matrimonial disputes as vrell as the issues of moveable and immovable property. It^is further subnritted that as the matter has been compromised between them the Petitioner herein do not want to continue the case^{and agreed}

¶104

¶105

.,/

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,4 ,. li -r,a-7^{> (}

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to withdrar,v the criminal case r-e CC.No.169S/2022 which is pending on thc filc of Hon,ble XVI Addl. Chicf Mctropolitan Magistrate, Hyderabad agalnst thc Respondents/Accused No.1 to 3

¶109

It is further submitted that in view of ttre amicable setflement, the Petitioner/Respondent No.2 does not want to proceed q/ith the above case arld she does do not have aly objection to quash the proceedings in the above said case

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Therefore it is prayed that this Hontrle court may be pleased to pcrmit thc petitioner/Respondent No.2 and the Accused persons to compromise the case in CC_No.1695/2 O22 whicl_t is pending on the file of Hon'ble XVI Addl. Chief Metropolitan Magistrate, Hyderabad against thc Respondents/Accused No.l to 3 and to pass such other order or orders as this Hon'ble court may be deems lit artd proper in the crrcumstances of ttre case.

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Mohd. Mustafa Khan , Nadeem v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mohd. Mustafa Khan , Nadeem v. The State of Telangana

Case brief

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What did the court decide?

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