Allowed

Mohammad Wahajuddin v. The State of Telangana

Telangana HC4 Aug 2023CRLP/6608/2023

Case brief

AI extract

What is this about?

This Common Order disposed of inter-linked applications (I.A.Nos. 3&4 of 2023) and a Criminal Petition challenging proceedings under Sections 498-A IPC and Dowry Prohibition Act. Acknowledging a compromise reached during pendency and verified through the Legal Services Committee, the Court allowed the applications and quashed the criminal proceedings subject to payment of specified amounts.

What did the court decide?

Inter-linked applications I.A.Nos. 3&4 of 2023 and Criminal Petition CRLP.No. 6608 of 2023 allowed; proceedings in C.C.No. 600 of 2014 quashed subject to payment of Rs. 10,000.

Mohammad Wahajuddin Vs The State of Telangana — Domestic Violence | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT. JUSTICE G.ANUPAMA CHAKRAVARTHY

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l.A.Nos. 3 AND 4 OF 2023

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IN/AND

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CRIMINAL PETITION NO: 6608 OF 2023

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CRLP.No. 6608 of 2023

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Between:

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[\rlohammad Waha.juddin, (wrongly mentioned rn chargesheet as Vahazuddin), S/o [Mohd Tajuddin, Aged about 40 yrs, Occ- Pvt employee, R/o lndira Nagar, Vikharabad Town, Vikharabad District.

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...PETITIONERYAI

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AND

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The State of Telangana, Through its Public Prosecutor, Having office at High Court, Hyderabad

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Smt. Kouser Begum, W/o Mohd Vahazuddin, Aged about 30 yrs, OccHousewife, R/o H.No. 4-1-412, lndira Nagar Colony, Vikharabad Village and Mandal, Vikharabad.

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...RESPONDENTS/DEFACTO COMPLAINANT

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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 call for the entire records relating C.C.No. 600 of 2014, pending on the file of Learned Judicial First Class [VIagistrate, Vikharabad, Vikharabad District, and quash the same in the interest of^justice.

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l.A. NO: 2 OF 2023

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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 stay all further proceedings relating to C.C. No.600 of 2014, pending on the file of Learned Judicial First Class A,tlagistrate, Vikharabad, Vikharabad District, and^quash the same in the interest of^justice.

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I.A. NOs:3&4OF 2023

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Between:

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Smt. Kouse Begum, W/o tt4ohd Vahazuddin, Agecl^,abcut 30^yrs, OccHousewife, fl/o H.No. 4-1-412, lndira Nagar Coiony, 'ikharabad Village and It/andal, Vikh arabad.

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,..PETITIONER'DEFT C TO COMPLAINANT

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AND

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'1 . Mohammad V/ahajuddin, (wrongly mentioned in charget;hr--et as Vahazuddin), S/o Mohd Taj rddin, Aged about 40 yrs, Occ- Pvt^,rmplo'/e'1, Fl/o lndira Nagar, Vikharabad Town, Vikharabad District.

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...l,ccusED No.1

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The State of l.elangana, Through its Public Prosecutor, Havirg office at High Court, Hydera >ad

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...RESPONDENT

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Petition under Section 320(6) of Cr.P.C praying that irt lhe circumstances stated in the ltlemorandum of Grounds of Criminal Pelition, th,-. High Court may be pleased lo allow^: he complaint the enter into compr()mise with .he accused in C.C No.600 of 2O15 cn the file of the Judicial Magistrale first Class, Vikharabad, Vikharabad District c n the basis of terms and conditior set 'orth n the affidavit and^joint memo of co npromise, in lhe interest of^justice

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l.A. NO: 4 OF 2023

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Petition under lection 482 of Cr.P.C r/w Section :\20(2) o;Cr.P.C., praying that in the circumst: nces stated in the lvlemorandum of G ounds of Crimrnal Petition, the High Court may be pleased to record the compromise in between the parties in the prer;ent quash^petition and quash C.C No.^(i0l of 2015 on the file of the Judicial M: gistrate first Class, Vikharabad, V'ikharz bad )lstrict in the interest of^justice

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This Petition c(,ming on for hearing, upon perus ng thr: Vlernorandum of Grounds of Criminal^)etition and upon hearing the argruments of Mis. tVlOHD. ADNAN, Advocate fr r the Petrtioner and Sri S.GAl.lESH, l\ss stant Public Prosecutor on behall of the Respondent No.1 and of M/r;. SFAIK ABDUL KHADER, Advocate fo'the Respondent No.2.

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The Court made the fcllowing: COMMON ORDER

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I{ON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

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I.A.Nos.3 &,4 of 2023 IN/AND CRIMINAL PETITION No.66O8 OF 2023

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COMMON ORDER:

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It is subrnitted by learned counsel lor the petitioner and respondent No.2 that during pendency of the present Criminal Petition, tl-re parties have compromised the martcr and accordingly, I.A.Nos.3 & 4 of 2023 lnave been fileci to permit them to cqmpound the offences and to record the compromise betrveen them.

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Vide Order dated 20.O7.2023, this Court directed the parties along rvith their respective counsel to appear before tl-re Secretary, Fligh Court Legal Scrvices Committee, High Conrt for the State of Teiangana, l{yderabad, lbr identihcation and to submit a repo(t

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Pursuant to the above said directior-r issued bv l his Court, the Secretary, High Court Legal Services Committee, has iclentified ttre parties ard s';bmitt.ed a report dated 22.07 .2023 and the same is placed on recorcl.

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Irr vierv of the above, I.A.Nos.3 & 4 of 2023 are allo',ved. Cousequently, this Crirrinal Petition is allo',vccl

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and the prcceedings against petitioner/ accur;ed \o.1 in C.C.No.6OO o1' 2O 14 on the filc ol the learr.red Jurlic al l.-irst Class Map,istrate at Vikarabad, Vil:arab rc. District registered frr the offences under Sectit.rns 49U-A ol the Ir-rdian Penirl Code and Sections 3 and 4 ol lhe Dowry Prohibition Ar;t, are hereby quashed subjcct to p,aymsrl .1 an amount of Rs.5,000/- (Rupees Five Tlroustu-rd t)nly) to the Direcl or, Sainik Wclfare, Hvdr:rabal (Savings A/c.No.52ll\8926279, S*.atc Bar-rk ol lndia, Sharrtinagar Branch (2OO7O, IFSC Code: SBIN(1O20()7O, MICR No.500004C57) and Rs.5,000/ (Rupees, Fivc Thousand Onl-y) to thr llelalgarr a High Court Advoc ates Asscciation, Hyderabad, u'ithin a period of two u,eeks; lronr toclay and file proof of ihe same before the Registry.

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Pendilrg miscellaneous applications, if an1 , shall

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stand close<l

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SDi- N.CHA{DRA SEKHAR RAO ASSISTAI{T REGISTRAR //rRUE coPY/t (T IiiE(:TION OFFICER

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To,

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'1 . The Judicial [t4agistrate of First Class at Vikharab:rd, Rarrga Reddy District 2. The Station Fouse Officer, WPS Police Station, Ranga f{eddy District.

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One CC to M,s. MOHD. ADNAN, Advocate [OPUq

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One CC to M,s. SHAIK ABDUL KHADER, Advocate [OFUt3]

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

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Two CD Copies

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Njb

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BSR

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(ALONG WITH A COPY OF JOINT MEMO OF COMPROMISE)

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Note: Total Amount of Rs- 10,0001 (Rupees Ten thousand only) has been paid by M/S. MOHD. ADNAN, Counsel for the Petitioner as directed by the Hon'ble Court vide order dated 04.08.2023 as Rs. 5,000/- (Rupees Five thousand only) to the "Director, Sainik Welfare Hyderabad, and Rs. 5,0001 (Rupees Five thousand only) to the^"Telangana High Court Advocates Association, Hyderabad" and filed Memo as proof of compliance USR No.80647 of 2023 and Receipt No.73037 dated 22-08-2023.

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I I

HIGH COURI'

DATED: 04103t2023

COMMON OFIDER

l.A.Nos.3&4of2023 IN/AND CRLP.No.6608 of 2023

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ALLOWING THE I.A.'S & CRIMINAL^)ETITION g, fr(.

Mohammad Wahajuddin v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mohammad Wahajuddin v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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