High Court allowed Criminal Petition and IA applications seeking quashing of prosecution proceedings under Dowry Prohibition Act and IPC based on joint compromise memo and LSC verification report. Court ordered payment to Sainik Welfare.
Quashing of proceedings in C.C.No.964 of 2022; parties directed to pay Rs.10,000 to Director, Sainik Welfare.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURTFOR THE STATEOF TELANGANA AT HYDERABAD
WEDNESDAY ,THE ELEVENTH DAYOF JANUARY TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE SRI JUSTICEK.SURENDER
CRIM INAL PETITION NO:1'1777 OF 2022
ALONG WITH I.A.NOS. 2 AND 3 OF 2022
|.A.NOS.2 AND 3 0F 2022
Between:
Smt. Syeda Saba Afreen, W/o Saud Ul Haq, Aged 25 years, Occ. Household, Rl/o H.No.17-8-533/'14612, Yakuthpura, Bagh e Jahara, Hyderabad. T.S
..PEITIONER/RESPONDENT No.2/DEFACTO COMPLATNANT
AND
...PETITIONER/ACCUSED-2
....RESPONDENT/RESPoNDENT No,1
l.A. NO:2 oF 2022
Petition under section 320(6) of cr.P.c praying that in the circumstances stated in the Memorandum or crou'nJs "i'ciiri.ri p"tition, the High court may be preased to permit the petitioner t" riru *," "oriromise petition in c.c.No.964 of 2022 on the fite of Hon,bte xV aaii'inill"rr,r"tropotitan Magistrate at Nampatly, Hyderabad, against tfre petitionlisla""r".uo Nos.1 and 2 .
I.A. NO:3O F 2022
Petition under section 32^0(2) ot cr.p.c praying that in the circumstances stated in the Memorandrm or crou'ni; ;;''C;ri;;i,;etition, the High court may be pleased to quash the pro.ceeding" ,g"i;.i ffi petitioners in C.C.No.964 of 2022 0n the fire of Hon'bre xv eoor."ctriri'ur.i.p1ir", Magistrate at Nampary, Hyderabad, asainst the petitioneis; ;;ilH't::i,.'t ana 2., in record of rhe compromise between the petitioneirrr". i"J;iln"'i";spondent Nos.2 .
CRIMIN AL PET ITION NO :11777 oF 2022
Between:
AND
...RESPONDENT/DEFACTO COMPLAINANT
Petition under Section 482 of C|.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.964 of 2022 on the file of the Hon'ble XV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, against the Petitioners/Accused Nos.1 and 2.
l.A. NO: 'l OF 2022
Petition under Section 482 ol Cr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,theHighCourt may be pleased to stay all furtherproceedings in C.C.No.964of 2022 on the file of the Hon'ble XV Addl. Chief Metropolitan Magistrateat Nampally, Hyderabad, against thg PettiOneflAccusedNos.1; pending disposalof the Main Quash Petitionrn tne interestof the iustice'
These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of SriP VAMSHEEDHAR REDDY ,Advocate for the Petitioners in Crl.Petition and Respondent No.1& 2 in l.A.No.2 & 3 of 2022 and the Additional Public Prosecutor on behalf of the Respondent No.3 in l.A.No. 2 & 3 of 2022 and Respondent No. 1 in Crl.Petition and of Sri S.RAGHAVENDER GOUD Advocate for the Respondent No. 2 in Crl.Petition and Petitioner in l.A.No. 2 & 3 of 2022.
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K. SURENDER
CRIMINAL PETITION No.lt777 OF 2022 ALONG WITH I.A.Nos.2 AND 3 OF 2022
COMMON ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C.. seeking to quash the proceedings in C.C.No.964 of 2022 on the file of the XV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. The petitioners hcrein arc accused Nos.1 & 2 in the said case. The offences alleged against the petitioners herein are under Sections 498-4,, 406 & Section 4 & 6 of the Dowry Prohibition Act and Section 4 of Muslim Women (protection of right on marriage) Act, 2019
I
2
^/ell as respondent No.2, directed the parties to appear before the Secretary, Telangana High Court l.egal Services Committee, Hyderabad, for their identification and also directed the Secretary to submit a report by 09 .Ol .2023. In compliance r.r,ith the said order, the Secreta{v has submitted his report, on 05.01.2023.
No.2, I.A.Nos.2 and 3 of 2022 are allorved. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.964 of 2022 on the file of the XV Additional Chief Metropolitan Magistrate are at Nampally, Hyderabad, hereby quashed against the petitioners/Al & A2. Petitioners/Al & A2 undertake to pay ax amount of Rs. 10,000/-(Rupees Ten Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No.52 188926279, State Bank of India, within a period ol one
week from today, and file proof ol the same into the Registry.
As a sequel, the miscellaneous Petitions, pending if any,
sha-Il stand closed.
Sd/-K.AMMAJI ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
\
(along with a copy of Joint memo ofcompromise)
Note: Amountpaid byPetitioner/accusedNos.1 & 2, towards10,000/-(TenThousandonly) in favour of Dirictor, SainikWelfare, Hyderabad, (Savings A"/c.No.52188926279, State Bank of India, SanrinagarBranch(20070), IFSC code-sBINOO20O7o,MICRNo.500004057.
USR No. 7 57 412023 date: 24101 /2023
CDL
HIGH COURT
DATED:1 110112023
COMMON ORDER
CRL.P.No.11777 of 2022 ALONG WITH l.A.Nos. 2 AND 3 o12022
-i i4t s14
() C <br>(-
,,) 1 3 FFB 20?3
r:')
1+!'r,{-
'-' ---,--- _-:* .i-'n
ALLOWING THE CRIMINAL PETITION
fI9
^A
>-2
l2 <br>
e;
MEMORANDUM OF CRIMINAL REVISION PETITION (Under Section 482 of Cr.P.C.)
ir
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
CRL.P.NO. OF 2022
BETWEEN:
... Petitioner/Accused- 1
... Petitioner/ Accused no.2
AND
1 The State of Telangana, Rep. by its Public Prosecutor,
...Respondents/ Defacto Complainant
JOINT MEMO
It is submitted that the Petitioners and the Respondent No.2
has resolved their issue and entered into an amicable settlement at
(
L-
the.intervention of elders an
well wishers of bot,. of us a,,d to this
effect a separate compromise petition is also Iiled.
Hence this Joint Memo.
Place: Hyderabad
Date: 4 -12_20
t No.2 Defacto Complainant/petitioner
^fl'f/"'rn7,, Uounsel for Respondent N^ , / uetacto Complaina"r Te"iitlo-ri..
'hva -/"-'-/Zt'
Respondent No.2 Respondent no.I / petitioner/A_1 (Saud ut Ha., Rep. by his SpA i'olde, Riaz ul Haq)
rti i /\il Respondent No.2,/ .. Respondent no.2 / Petiuoner/ A_2 (Shahana Begumf
CounselPeti troner for Respondents l{t-/ Accused fVo" no.l f gn -A, ) i/
3 issues framed by the court
Whether proceedings under Sections 498A, 406 IPC and Dowry Prohibition Act can be quashed upon settlement and compromise.
Whether the report of the Legal Services Committee regarding identification of parties is sufficient to allow compounding and quashing.
Whether a direction for payment of amount to Director, Sainik Welfare is a suitable condition for allowing quashing in matrimonial dispute.
7 provisions across 4 enactments
Saud Ul Haq
Shahana Begum
Smt. Syeda Saba Afreen
The State of Telangana
K. SURENDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
