Allowed

Mohammed Farooquddin v. The State of Telangana

Telangana HC21 Sept 2024CRLP/10054/2024

Case brief

AI extract

What is this about?

Criminal petition to quash SC.No.105 of 2024 arising from FIR No.182 of 2023 under Sections 307, 323 and 509 IPC read with Section 34. Parties compromised during pendency; compromise verified by the High Court Legal Services Committee. Petition allowed and proceedings quashed subject to payment of costs.

What did the court decide?

Proceedings in S.C.No.105 of 2024 against petitioners/accused Nos.1 to 3 quashed, subject to payment of Rs.5,000 each to Director, Sainik Welfare, Hyderabad and Telangana High Court Advocates' Associa

Mohammed Farooquddin Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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[³³⁸⁵ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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SATURDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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I.A.NOS.2 AND 3 0F 2024

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IN/AND

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CRIMINAL PETITION NO: 10054 OF 2024

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Between:

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'1. lvlohammed Farooquddin, S/o Mohammed Shabbiruddin, Aged. 24 Years, Occupation. Mechanic, R/o H.No.12-12713, Near Khaled Bin Valeed Masjid, Habeeb Colony, Osman Nagar, Shaheen Nagar, Balapur Mandal, Ranga Reddy District

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lvlohammed Shabbiruddin, S/o Babu A/iya, Aged. 50 Years, Occupation. Driver, R/o H.No.12-12713, Near Khaled Bin Valeed Masjid, Habeeb Colony, Osman Nagar, Shaheen Nagar, Balapur Mandal, Ranga Reddy District_

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Mohammad Zameeruddin, S/o Jvlohammed Shabbiruddin, Aged. 22 Years, Occupation. Mechanic, R/o H.No.12-12713, Near Khaled Bin Valeed Masjid, Habeeb Colony, Osman Nagar, Shaheen Nagar, Balapur Mandal, Ranga Reddy District

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...PETITIONERS/ACCUSED No.1 to 3

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AND

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

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Mohammed Arshad, S/o Mohammed Rasheed, Aged about^-19 years, Occ. Student, R/o Plot No.92, Habeeb Colony, Shaheen Nagar, Balapur Mandal, Ranga Reddy District, Telangana State

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...RESPONDENT/DE.FACTO COMPLAINANT

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Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings against the Petitioners/Accused No.'1 to 3 in SC.No.'105 of 2024 on the file of Honourable I Additional Senior Civil JudgeCUM-l Additional Chief Judicial fvlagistrate, Ranga Reddy Distract at L. B. Nagar.

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I.A. NO: 1 OF 2024

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Petition under Section 528 of BNSS 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 arrest of the Petitioners/

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Accused No.1 to 3 in SC.No.105 o'f 2024 on the file of Hon'ble I Additional Senior Civil Judge-CUM-1 Additional Chief Judicial Magistrate, Ranga Reddy District at L.B. Nagar, pending disposal of the above Criminal Petition.

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l.A. NO: 2OF 2024

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Between:

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Mohammed Arshad, S/o tVlohammed Rasheed, Aged about 19 years, Occ. Student, R/o Plot No.92, Habeeb Colony, Shaheen Nagar, Balapur Mandal, Ranga Reddy District, Telangana State

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...PETITIONER/RESPONDENT No.2

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AND

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Mohammed Farooquddin, S/o Mohammed Shabbiruddin, Aged. 24 Yearc, Occupation lrzlechanic, R/o H.No.12-12713, Near Khaled Bin Valeed Masjid, Habeeb Colony, Osman Nagar, Shaheen Nagar, Balapur Mandal, Ranga Reddy District

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Mohammed Shabbiruddin, S/o Babu Miya, Aged. 50 Years, Occupation. Driver, R/o H.NoJ2-12713, Near Khaled Bin Valeed Masjid, Habeeb Colony, Osman Nagar, Shaheen Nagar, Balapur Mandal, Ranga Reddy District.

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Mohammad Zameeruddin, Sio Mohammed Shabbiruddin, Aged. 22 Years, Occupation. ltrlechanic, R/o H.No.12-127i3, Near Khaled Bin Valeed Masjid, Habeeb Colony, Osman Nagar, Shaheen Nagar, Balapur Mandal, Ranga Reddy District

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...PETITIONERS/ACCUSED No.1 TO 3

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4- The State of Telangana,, Rep. by the Public Prosecutor, High Court at Hyderabad

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..,RESPONDENT/DE-FACTO COMPLAINANT

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Petition under Section 359(6) of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner to compound the offences in SC.No..l05 of 2024 on the file of Hon'ble I Additional Senior Civil Judge-CUM-l Aclditional Chief Judicial Magistrate, Ranga Reddy District at L.B. Nagar.

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l.A. NO: 3 OF 2024

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. Petition under Section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to record the compromise statement and Quash the proceedings in SC.No.105 of 2024 on the file of Honourable I Additional Senior Civil JudgeCUM-1 Additional Chief Judicial Magistrate, Ranga Reddy District at L.B. Nagar, in the interest of justice and pass

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l.A. NO: 4OF 2024

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Petition under Section 528 of BNSS^praying thatⁱⁿ the^{circumstances} stated in the Memorandum of Grounds of Criminal Petition, the^{HighCourt may} be pleased to^permit the^petitioners / A-1 to A-3 to^pay the compromise^{cost of} Rs. 50001 to Sainik Welfare, Hyderabad as well as Rs. 50001 to the Advocates Association Hyderabad.

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This Petition coming on for hearing, upon perusing the ltlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A/ohd Ali Aamir, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No-'1 and of Sri Vikhar Ahmed, Advocate for the Respondent No.2

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The Court made the following: COMMON ORDER

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I t

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THE HON'BLE SMT. JUSTICE K. SUJANA

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I.A.Nos.2 and 3 of 2o24 ln and CRIMINAL PETITION No.1OO54 of 2o24

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COMMON ORDER:

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. It is sr-rbmitted by learned counsel appearing lor^the petitioners as well as the respondent No.2, that during pendency of ihe present Criminal Petition, the^parties have compromised the matter and accordingly, I.A.Nos.2^arLd 3^of 2024 L,ave been hled to record the compromise between them and to compor-rnd the offences.

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Vide orrler dated 09.09.2024, this Court directed the parties along with their respective counsel to appear befcre the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report.

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Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Comnlittee, has identihed the parties ancl submitted a report, dated 18.O9 .2024 and the same is placed on recorrl.

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In vieu, of the above, I.A.Nos.2 and 3 of 2024 are a[owed. Consequentl5', this Criminal Peti[ion is allou.ed and the proceedings in S.C.No.105 of 2024 on the l-rle of learned I Additional Scnior Civil Judge cum-l Additional Chief Judicial

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i i I I l

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Magistrate, Rangareddy District at L.B.Nagar against the petitioners/accused Nos. 1 to 3 are hereby quashed subject to the petitioners paying an amount of Rs.S,OOO/- (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No.S2188926279, State Bank of India, Shantinagar Branch (2OO7 O), IFSC Code:SBIN0O2OO7O, MICR No.50OO04O57) and Rs.5,0OO/- (Rupees Five Thousand Only) to the Telangana High Court Advocates Association, Hyderabad, within a period of two (02) weeks from today and hle proof of the same before the Registry.

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Miscellaneous applications, if any pending, shall stand

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closed.

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Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

CTION OFFICER

To,

The I Additional Senior Civil Judge^{cumI Additional Chief Judicial ltlagistrate,} Ranga Reddy District at L.B.Nagar.

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The Station House Officer, Balapur Police Station,^{Rachakonda District}

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Two CCs to the Public Prosecutor, High Court^{for the Stateof Telangana at} HyderabadlOUTl

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One CC to Sri Mohd Ali Aamir, Advocate [OPUC]

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One CC to Sri Vikhar Ahmed, Advocate [OPUC]

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Two CD Copies

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(along with the copy of memo of compromise)

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g Plp/gh

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Note: Total Amount of Rs. 10,0001⁽ Rupees^{Ten thousand only} )^{has been paid by} Sri Mohd Ali Aamir, Counsel for the Petitioners^{as directedby the Hon'ble Court vide} order dated 23122024 as Rs. 5,0001^{( Rupees Five thousandonly} )^{to the} "Director, Sainik Welfare Hyderabad, and Rs. 5,000/- ( Rupees Five thousand^only ) to the Telangana High Court Advocates^{Association, Hyderabad and filedMemoas} proof of compliance USR No. 127832 ot 2024.

HIGH COURT

DATED:21 10912024

COMMON ORDER

I.A.NOS,2 AND 3 OF 202 IN/AND CRLP.No.10054 of 2024

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ALLOWING THE CRL.P. AND BOTH THE I.As ov?' W"

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IN THE FttGH COURT FOR THD^{STATE OF TtrLANGANA AT} HYDERABAD

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I.A.No oF 2024

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BETWEEN:

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IN CRL.P.No. I oc)f? oF 2024

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I Mohammed F arooquddin S/o Mohammed Shabbiruddin

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Aged: 24 Years, Occupation:^Mechanic, R/o H.No.12-127 13, Near Khaled^{Bin Valeed Masjid,} Habeeb Colony, Osman Nagar, Shaheen Nagar, Balapur^Mar-rdal, Ranga Reddy District

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2 Mohammed Shabbiruddin S/o^{Babu Miya,} Aged: 5O Ycars, Occupation:^Driver, R/o H.No. 12-127 13,^Near Iihaled^{Bin Valeed Masjid,} Habeeb Colony, Osman^Nagar. Shaheen Nagar, Balapur^Manda-I, Ranga Reddy District

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.) Mohammad Zameeruddin S/o Mohammed Shabbiruddin,

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Aged: 22 Years, Occupation:^Mechanic, R/o H.No. 12 727 /3, Near^{KhaledBin Valeed Masjid,} Habeeb Colony, Osman^N iigar, Shaheen Nagar, Balapur^Mandal, Ranga Reddy District

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..... Petitioners/Accused No.1 to³

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AND

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

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2 Mohammed Arshad S/o Mohammed^Rashecd, Aged about 19 years, Occ: Student, R/o Plot No.92, Habeeb ColonY, Shaheen Nagar, Balapur Mandal, Ranga Red dv "t^{" t' t"} rac ro co mprain ant . l:H?:xl.ti?E "

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JOINT MEMO

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1 It is submitted that Respondent No .2 lodgcd :r Complaint before Balapur poiice Station against thc petitioners herein, u,hereas Police registereci d case as FIR No.1g2 of 2023 for the offences U/sec.3O7, 323, 509, R/w 34 IpC against the Petition ers and shown them as Accused No . I to 3 ald subsequentll, filed charge sheet vidc SC.No.105 of 2024 on the file of Hon'ble I Additional Senior Civil JLrdge_CUM I Additional Chief Judicial Magistrate, Ranga Rerldy District at L.B. Nagar.

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2 It is submittcd that after registering the abo.".e case the Respondent No.2 realized that the above complairet has been Iodged due to misunderstandings and both l,he parties decided to enter into compromise, accorrlingly the Respondent No.2 withclrau.m the above case against the Petitioners.

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3 It is submitted that due to intervention of elders and well wishers tl-rc matter has been settled amic:rbly br:tween the parties and both the parties have entered into Mernorandum of Understanding.

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It is therelbrc prayed that this Hon'ble Court may be pleased to record the compromise statement and euash the proceedings against the Petitioners/Accused No.1 to 3 in SC.No. 1cs of 2024 on the file of Honble I Additional Senior Civil Juclge_CUM_I

F I

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Additional^{Chief Judicial Magistrate'RangaReddy District atL'B'} Nagar,^{in the interestof justiceand pass such other order or} the circumstances^{of the case} orders^{maY deem fit and Properln}

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Hence,^{this Joint Memo'}

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p"titrffi^ro.r

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I { Petitioner^No.3 Petitioner^No.2

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//"'/ COUNSEL^FO J6r,t,nruo=

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RESPOND NT NO.2

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HYDERABAD COUNS FoR RosP^{ONDENT NO.2} DATE:^27.O8-2O24

Mohammed Farooquddin v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mohammed Farooquddin v. The State of Telangana

Case brief

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