Allowed

Syed Junaid Ali and 4 Others v. The State of Telangana and another

Telangana HC2 Mar 2023CRLP/1614/2023

Case brief

AI extract

What is this about?

The High Court allowed criminal petitions and inter partes applications seeking quashment and self-compounding of matrimonial offences. Facilitated by the Legal Services Committee's report on party identification and verified via a joint compromise memo, the offenses under IPC 498-A, 406, 506 and DP Act 4, 6 were quashed pending payment of Rs. 10,000 to Sainik Welfare.

What did the court decide?

The proceedings in C.C. No. 6220 of 2020 are quashed; I.A. Nos. 2 and 3 of 2023 are allowed permitting compounding. Petitioners must pay Rs. 10,000 to Director, Sainik Welfare, within one week.

Syed Junaid Ali and 4 Others Vs The State of… — Matrimonial and Divorce | Telangana HC (2023)

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[^32s1 ]

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IN THE HIGH COURT^FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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THURSDAY, THE SECOND^DAY OF^MARCH TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.^SURENDER

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cRr MINAL PETITION No:¹⁶¹⁴ of²⁰²³

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ALON l.A.Nos.2 and 3 of 2023

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Between:

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1 . Syed Junaid Ali, S/o. Late Syed Jahangir^{Ali, Aged 33 years,Occ. Business,}

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Masrath Begum, W/o. Late Syed^{JahangirAli, Aged 58 years, Occ-} Housewife,

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Both are R/o. 18 -4 -79, Shamsheer Guni, Aliyabad,^{Hyderabad-500053}

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Nazia Begum, D/o. Syed Jahangir^{Ali, Aged 38 years,Occ. Housewife, R/o.} 19- 3 -6771N48, Bakshi Gunj, Misri Gunj, Bahadurpura,^{Hyderabad-500064}

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Syed Mahmood Ali, S/o. Late Syed Jahangir^{Ali, Aged 34 years, Occ.} Birsiness, R/o. 18-4-79, Shamsheer Gunj, Aliyabad,^{Hyderabad-500053}

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Syed Masood Ali, S/o. Late Syed Jahangir^{Ali, Aged 26 years,Occ.. Pvt} Einployee, R/o. 19-3-677/N48, Misri Guni, Bakshi Gunj,^Charminar, Hyderabad-500053

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...Petitioner/Accused No.'t,2,3,5 & 6

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AND

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The State of Telangana, Rep. by the^Public Prosecutor,^{High Court Building,} Hyderabad.

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...Respondent No.1

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Smt. Syeda Mateen @ Syeda Yasmeen, Wo.^{Syed Junaid Ali, Aged 32} years, Occ. Housewife,^truo. 19-3-2941101N2, Falima Nagar, Vattepally, Charminar, Hyderabad-500053.

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...Respondent No.2/Defacto Complainant

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Petition under Section 482 of Cr.P.C^praying thatⁱⁿ the^{circumstances} stated in the Memorandum of Grounds of Criminal^{Petition, the High Court may} be pleased to^quash the C.C No. 6220 ot^{2O2Opending on the file of the Hon'ble} XV Additional Chief Metropolitan Magistrate Hyderabad, in^{view of compromise}

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between both'the parties and in the above stated circumstances and in the interest of^justice.

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l.A. NO: 1 oF 2023

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Petition under Section 482 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 stay all further^proceedings including the appearance of the Petitioners/Accused No.1 & 2 in C.C. No. 6220 of 2020^pending on the^f ile of Hon'ble XV Additional Chief Metropolitan Magistrate Hyderabad.

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l.A. Nos: 2 &3 ot 2O23

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Between:

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Smt. Syeda Mateen @ Syeda Yasmeen, Wo. Syed Junaid Ali, Aged 32^years, Occ. Housewife, R/o. 19-3-294/1OlN2, Fatima Nagar, Vattepally, Charminar, Hyderabad-500053.

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...Petitioner/Respondent No.2/De-facto Complainant

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AND

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The State of Telangana, Rep. by the Public Prosecutor, High Court Building, Hyderabad.

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...Respondent No.1

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Syed Junaid Ali, S/o. Late Syed Jahangir Ali, Aged 33^years, Occ. Business,

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Masrath Begum, Wo. Late Syed Jahangir Ali, Aged 58^years, Occ Housewife,

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Both are Rl/o. 18 -4 -79, Shamsheer Gunj, Aliyabad, Hyderabad-500053

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Nazia Begum, D/o. Syed Jahangir Ali, Aged 38 years, Occ. Housewife, Rl/o. 19- 3 -6771N48, Bakshi Gunj, Misri Gunj, Bahadurpura, Hyderabad-500064

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Syed Mahmood Ali, S/o. Late Syed Jahangir Ali, Aged 34^{years, Occ.} Business, Rl/o. 18-4-79, Shamsheer Gunj, Aliyabad, Hyderabad-500053

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Syed Masood Ali, S/o. Late Syed Jahangir Ali, Aged 26^years, Occ. Pvt Employee,^cJo. 19-3-67714,/48, Misri Gunj, Bakshi Gunj, Charminar, Hyderabad-500053

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...Respondent No.2 to o/Petitioners No. 1 to 5

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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 /DeJacto Complainant for compounding the offences in C.C. No. 6220 of 2020 on the file of the Court of the Hon'ble XV Additional Chief Metropolitan Magistrate, Hyderabad.

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l.A. No: 3 of 2023

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Petition under Section 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 and^quash the^proceedings in CC No. 6220 ol 2020 on the file of the Court of the Hon'ble XV Additional Chief^{tvletropolitan} Magistrate Hyderabad.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B. DILIP KUMAR, Advocate for the Petitioners in Criminal Petition and Respondent Nos. 2 to 6 in l.A.Nos.z and 3 of 2O23 and the Public Prosecutor on behalf of the Respondent No.1 in both Criminal Petition and LA.Nos.2 &3 of 2023 and of Sri S. PANDURANGA REDDY, Advocate for the Respondent No.2 in Criminal Petition and Petitioner in l.A.Nos.2 &3 ot 2023.

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The Court made the following: COMMON ORDER

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THE HONOURABLE^{SRI JUSTICE K. SURENDER}

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CRIMI NAL PETITION No.1614^{OF 2023} ALONG WITH I.A.Nos.2^{AND 3 OF 2023}

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cOMMON^ORDER:

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This Criminal Petition is filed under^{Section482Cr.P.C.,} seeking to quash the^{proceedings in C.C.No.6220 of 2O2O on} the Iile of XV^{Additional Chief MetropolitanMagistrate} Hyderabad.^{The petitioners herein are accused in the saidcase.} The offences^aileged against^{the petitioners herein are under} Sections 49U-A,^{406, 506 IPC and 4 and 6 DP Act'}

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Heard learned counsel appearing on^{both sides and} learned Additional Public^{Prosecutor for the State. Perused the} record.

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During the pendency of the^present Criminal^Petition,the parties have compromised the matter ald,^accordingly, respondent No.2-de facto cornplatnant^{frled I.A.Nos.2and 3 of} 2023 to permit them to compound the^{offences and to} compromise the case.

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Vide order dated 16.02.2023, this Court, after^recording the submissions made^{by thelearned counsel forthe} petitioners as well as respondent^No.2, directed the parties to

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-^ir.-,.

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KS,J Crl.Petition No.1514 of 2023 Along with l.A.Nos.2 and 3 of 2023

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appear before the Secretary, Telangana High^{Court Legal} Services Committee, Hyderabad, for their identification^{and also} directed the Secretary to submit a report by 02.03.2023.^In compliance with the said order, the Secretary^has submitted^his report, on 23.O2.2023.

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In the report of the Secretary, Telangana^High Court^Legal Services Committee, Hyderabad, it^{is stated} that^{in obedienceof} the orders dated 16.02.2023, the petitioners and the^2'd respondent have appeared before him along with their^counsel and on examination and verification of their^{particularsfrom} their Aadhar Cards, they were tallied. Thus the identification^of both the parties has been established.

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The parties herein have filed a^joint memo of compromise stating that they have agreed among themselves to compromise and resolve a1l the disputes, they have settled the disputes between them amicably and 2"d respondent has no objection^to quash the proceedings against the petitioners herein in the above Calendar Case. The said^joint memo of compromise^and the report of the Secretary are placed on record.

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KS,J Crl.Petition No.1614 of 2023 Along with l.A.Nos.2 and 3 oI2023

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:l =:-t

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In view of the said report of the Secretar5r, Telangana High Court Legal Services Committee, Hyderabad and also in view of the compromise entered between the petitioners and respondent No.2, I.A.Nos.2 and 3 of 2023 is allowed. Consequently, the Crimina-l Petition is allowed and the proceedings in C.C.No.6220 of 2O2O on the hle of XV Additional Chief Metropolitan Magistrate, Hyderabad, against the petitioners-Accused Nos. 1,2,3,5 and 6 are hereby quashed, the petitioners have undertaken to pay an amount of Rs.10,000/(Rupees Ten Thousand Only) in favour of Director, Sainik Welfare, Hyderabad, (Savings A/c.No. 521AA926279, State Bank of India, Shantinagar Branch &" 2OO7O, IFSC Code: SBIN0O2O070, MICR No. 5OO004057), within a period of one week from today, and hle proof of the same into the Registry.

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As a sequel, the miscellaneous Petitions, pencling if any, shall stand closed.

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Sd/- MOHD.^ISI\tlAlL ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1 . The XV Additional^{Chief Metropolitan MagistrateHyderabad'}

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2.TheStationHouseOfficer,WomenPoliceStation,Charminar,SouthZone' Hyderabad District.

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Two CCs to the Public^{Prosecutor, High Court for the State of Telangana at} Hyderabad.^(OUT)

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4d-

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One CC to SRI B.^{DILIPKUMAR, Advocate} [OPUC]

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One CC to SRI S. PANDURANGA^{REDDY,Advocate} [OPUC]

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Two CD Copies^'

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(Along with a Copy of lvlemo of Compromise)

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Note: Amount of Rs. 10,000^^{( RupeesTen thousand only} )^{has been paid by SRI} B. DILIP KUMAR, Counsel^{for the Appellant as directedby the Hon'ble Courtvide} order dated O2-O3-2O23 to the^{" Director,Sainik WelfareHyderabad, and filed} Memo as^proof of compliance^{USRNo. 73439of 2023dated 04-08-2023.}

kam

t I

HIGH COURT

KS,J

DATED:0210312023

COMMON ORDER

CRLP.No.1614 of 2023 ALONG WITH !.A.Nos.2 and 3 of 20

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trE
(
a.
L) 1t $[1 ',lm

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BOTH l.As and CRIMINAL PETITION ARE ALLOWED T^3ll

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(Memorandum of^{CriminalPetition FiledUnder Section482 Ct' P'C} IN THE HIGI]^{COI]RT OF ruDICATT]REFOR THE STATE OF} TELANGANA^{AT: HYDERABAD}

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GRLP. No. lbtU QF2023 '{

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Between:

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1 Syed Junaid^{Ali, S/o. LateSyedJahangirAli,} Aged 33^{years,Occ: Business,}

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2 Masrath Begum, Wo.^{LateSyed JahangirAli,} Aged 58 years, Occ: Housewife, Both are PUo. 18-4-79, Shamsheer^Gunj, Aliyabad, Hyderabad-500053

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J Nazia Begum, D/o. Syed Jahangir^Ali, Aged 38 years, Occ: Housewife, PJo. 19-3-677/N48, Bakshi^Gunj,

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Misri Gunj, Bahadurpura,^{Hyderabad-500064}

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Syed Mahmood Ali, S/o.^{Late Syed JahangirAli,} Aged 34 years, Occ: Business, N o. 18-4-7 9, Shamsheer Gunj, Aliyabad, Hyderabad-500053

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@^{sy"d UmdAli, S/o, Late Syed JahangirAli,} Aged 26 years, Occ: Pvt^EmPloYee,

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N o. l9-3^-677 I N^48, Misri^Gunj, Bakshi Gunj, Charminar,^{Hyderabad-500053} ....Petitioners/ Accused No. 1,2,3,5 &6 .

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AI{D

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The State ofTelangan4

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Rep. by the Public Prosecutoq High Court Building Hyderabad.

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2.^.smt. Syeda M ateen @Syeda^{yasmeen," 'RespondentNo' 1}

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Wo. Syed Junaid Ali, Aged 32 Years, Occ: Housewife, N o.^{19 -3-294/101} N2,

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Fatima Nagar, Vattepally, Charminar,

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Hyderabad-500053.

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' RespondentNo. 2lDe-facto{omplainant

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JOINT MEMO FILEDBY THE PETITIO NERSAND 2Nn RESPO]\IDENT

lr li

It is submitted rhat the above Criminal petition is filed by the Petitioners to quash the proceeding in C.C. No. 6220 of 2020on the file of the Hon'ble XV Addl Chief Metropolitan Magistrate, Hyderabad for the offence U/s. 49g_A, 406,506 of Indian penal Cdde and Section 4 & 6 of D.P Act and to quash the same.

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2' It is submitted that the petitioners and the 2nd Respondent amicabry settled the matter and agreed to compromise the matter.

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It is submitted that the parties are relatives from same community and due to intervention of family elders and relatives, parties have resolved the differences among themselves and the petitioner No.l and the Respondent No.2 obtained divorce by way of eula on 13.12.2022 without any conditions.

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That the 2nd respondent has no objection to quash the Criminal proceedings in C.C. No. 622O of 2020 on the file of the Hon,ble XV Addl Chief Metropolitan Magistrate, Hyderabad for the offence U/s. 49g_A, 406. 506 of Indian penal Code and Section 4 & 6 of D.p Act.

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As such we have filed a petition seeking the Hon,ble Court to record the compromise. The contents mentioned in the said compromise Petition axe true and correct to the best ofour knowledge and belief. The said compromise is entered with our free will and consent and without any undue influence frorn any one. Hence we are filing the present Joint Memo.

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Hence the Joint Memo.

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I (Petitioner No. 1) 3. \o2_ (Petitider No.3) 5 (Petiti No. 5)

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Co el for tloners

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(Petitioner No.2)
2.haaZ-.,7ftn e fl ^-r
4.CV"€,--
(Petiiioner No. 4)
(R No.2)
e d Respondent

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Syed Junaid Ali and 4 Others v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

Syed Junaid Ali and 4 Others v. The State of Telangana and another

Case brief

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What did the court decide?

What the court decided

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