Partly allowed

Abdul Yousuf v. Fatima Badrul Batul

Telangana HC4 Oct 2024CRLP/1414/2024

Case brief

AI extract

What is this about?

This judgment allowed IAs to record a compromise and quashed criminal proceedings against the petitioners in C.C. No. 127 of 2018. The court directed the payment of costs to Sainik Welfare and the High Court Advocates Association as conditions for the quash order.

What did the court decide?

I.A.Nos. 1 and 2 allowed; C.C. No. 127 of 2018 proceedings quashed subject to payment of Rs. 5,000 to Director, Sainik Welfare and Rs. 5,000 to Telangana High Court Advocates Association.

Abdul Yousuf Vs Fatima Badrul Batul — Writ and Judicial Review | Telangana HC (2024)

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[^338s ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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t.A. NOS. 1 AND 2 0F 2024

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IN / AND

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CRIMINAL PETITION NO: 1414 OF 2024

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CRLP. No. 1414 ol 2024:

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Between:

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Abdul Yousuf, S/o. Abdul Hameed, Aged about 32 years, Occ. Courier Boy, R/o. H.No.'19-4-27914116,Saleheen Colony, Hyderabad, T.S.

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Naseem Sultana, Wo. Abdul Hameed, Aged about 46 years, Occ. House wife, Rio. H.No.19-4-279/4/16, Saleheen Colony, Hyderabad, T.S.

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Nusrath Sultana, Wo. Mohd Munneer, Aged about 38 years, Occ. House wife, R/o. H.No.194-279/4/16, Saleheen colony, Hyderabad, T.S.

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Rep. by GPA Holder Adbul Yousuf, S/o. Abdul Hameed as per Court Order daled 27-02-2024 in l.A. No. 3 of 2024 in Crl.P. No. 1414 of 2024

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...Petitioners / Accused No.^'l to 3

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AND

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'1. Fatima Bader Ul Batool, Wo. Abdul Yousuf, Aged about 27 years, Occ House wife. Rlo.22-3-947133/,4, Purani Havel, Hyderabad, T.S.

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Cause title is amended as per Court Order dated 27 -02-2024 vide l.A. No. 4 of 2024 in Crl.P. No. 1414 ot 2024

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...Respondent No. 1 / Defacto Complainant

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The State of Telangana, through its Public Prosecutor, Hon'ble High Court of Telangana

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...Respondent No. 2 / Complainant

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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 quash the proceedings against the Petitioners / Accused No. 1 to 3 herein in C.C. No. 127 of 2018 on the file of the Hon'ble Xlll Additional Chief Metropolitan Magistrate at Hyderabad, in the interest of^justice.

I.A. NO: 1OF 2024

Between:

Fatima Bader Ul Batool, Wfo. Abdul Yousuf, Aged about 27 years, Occ House wife. Rlo.22-3-947133/4, Purani Havel, Hyderabad. T.S.

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Cause title is amended as per Court Order dated 27 -02-2024 vide l.A. No. 4 ol 2024 in Crl.P. No. 1414 of 2024

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...Petitioner / Respondent No. 1 in l.A. No. 1 &2 ot 2O24

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AND

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Abdul Yousuf, S/o. Abdul Hameed, Aged about 32 years, Occ. Courier Boy R/o. H.No.19-4-27914116, Saleheen Colony, Hyderabid, t S.

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Naseem Sg[gna, Wo. Abdul Hameed, Aged about 46 years, Occ. House wife, R/o. H.No.19-4-279/4/16, Saleheen Cotony, Ftyderabdd, T.S.

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Nusrath Sultana, Wo. J\Iohd Munneer, Aged about 38 years, Occ. House wife, R/o. H.No.19-4-279/4/16, Saleheen colony, Hyderabad, T.S. Bep^{b^y_qP{]lolder AdbulYousuf, S/o. Abdul Hameedas per Court Order} dated 27-02-2024 in l A. No. 3 of 2024 in Crt.P. No. 14'14 of 2024

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...Respondents No. 1 to 3 / Petitioners in l.A. No. 1 & 2 ot 2O24

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- Ihg State of Telangana, through its Public Prosecutor, Hon,ble High Court of Telangana

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.., Respondent No. 4

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in l.A. No. 1 & 2 ot 2024

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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 against the Respondents No. I to 3 herein who are arrayed as Accused No. 1 to 3 in C.C. No. 127 of 2018 on the file of the Hon'ble Xill Additional Chief Metropolitan Magistrate at Hyderabad, in view of the Compromise accorded between the Petitioner and Respondents No. 1 to 3 and set out in set ement Deed dt. 0910112024. Therefore, the Petitioner humbly prays for the rndulgence of this Hon'ble court u/s. 482 of cr.P.c. to permit the^petitioner to compromise the matter, in the interest of justice.

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l.A. NO: 2 OF 2024

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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

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pleased to record the compromise accorded between the Petitioner and Respondents No.1 to 3 evidenced by Settlement Deed dt. 0910112024 and^quash the proceedings against the Respondents No.^'1 to 3 herein i.e. Accused No.¹ to³ in C. C No. 127 of 2018 on the file of the Hon'ble Xlll Additional Chief l\letropolitan Magistrate at 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 H Sudhakar Rao, Advocate for the Petitioners and Sri M Suchitra, Advocate on behalf of the Respondent No. 1 and the Additional Public Prosecutor for the Respondent No. 2.

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The Court made the following Common Order :

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THE I{ON'BLE SMT. JUSTICE K. SUJANA

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I l

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I.A.Nos.1 aad,2 of 2o24 IN /AND CRIMINAL PETITION No.1414 of 2o24

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COMMON ORDER:

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It is submitted by learned counsel appearing for the petitioners as well as the respondent No. 1, that during 'pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I.A.Nos. 1 and 2 of 2024 have been filed to record the compromise between them and to compound the offences.

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Vide order dated 19.09.2024, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identif,rcation 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 Committee, has identifred the parties and submitted a report, dated OL.IO.2O24 and the same is placed on record.

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In view of the above, I.A.Nos. i and 2 of 2024 ts aliowed. Consequently, this Criminal Petition is allowed and the proceedings in C.C.No.127 of 2OlB on the hle of the learned XIII Additional Chief Metropoiitan Magistrate, Hyderabad, against

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the petitioners are hereby quashed subject to the petitioners paying costs of Rs.S,OOO/- (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No.52188926279, State Bank of India, Shantinagar Branch (2OO7O, IFSC Code:S8IN0o20070, MICR No.5O0004057) and Rs.S,OOO/- (Rupees Five Thousand Only) to the Telangana High Court Advocates Association, Hyderabad, within a period of two (O2) weeks from today and lile proof of the same before the Registry.

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Miscellaneous applications, if any pending, shall stand closed. I

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Sd/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// { SECTION OFFICER

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To,

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The xlll Additional^{chief Metropolitan Magistrate cum Mahilacourt at} Hyderabad

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The Station^{HouseOfficer, Kalapathar PS, Hyderabad District}

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Two CCs to the^{Public Prosecutor, High Court for the State of Telangana'} Hyderabad [OUT]

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One CC to^{Sri H Sudhakar Rao' Advocate IOPUCI}

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One CC^{to Sri M Suchitra' Advocate [OPUC]}

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Two CD^CoPies

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Along with^{a copy of JointMemo of Compromise}

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Note: Total Amount^{of Rs. '10,000/-( Rupees Ten thousand only) hasbeen paid by} Sri H sudhakar^{Rao, Counselfor the Petitioners as directedby the Hon',blecourt} vide order^{dated 04-10-2024as Rs. 5,000/-( Rupees Five thousandonly ) to the} Director, Sainik^{Welfare, Hyderabad, and Rs 5,O0O/- ( Rupees Fivethousand only)} totheTelanganaHighCourtAdvocatesAssociation,HyderabadandfiledMemoas proof of compliance^{USR No. 103989 ot 2024 daled 25-10-2024'}

vnrgh IAf

HIGH COURT

DATED:0411012024

COMMON ORDER

l.A. Nos. 1 and 2 ot 2024

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¶70

in / and

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CRLP.No.1414 ot 2024

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ALLOWING THE CRLP AND

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l.A. Nos. 1 and 2 ot 2024

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q
t<br>

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IN THE^HON'BLEHIGH ??UHLffiffi

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STATE^{OF TELANGANA}

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cnr.p.uJllto^{F 2,,24}

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BETWEEN:

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r. aspul^YousuF s/o. :::;';;;;, Abdul^{Hameed' i 2} vexs,^occ: ^^courier ^--.-:^-^BoY'P,1w t7". Hln..rs-i-zzo1+1to' Saleheen^6Plon], Hyderabdd;^T'S'

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NASEEMSULTANA ri """^*'"' of f ;' {J1":;:f,1r:..i;, HYderabad,^T'S'

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3.^{NUSRATHSULTANA} wi o.^{Mohd y^""":t-l} ncc. House'.vife, a.,cd aboutl³⁸ Years'^u i?"]^{n.r,".rs -4P1P l4l 16'} Saleheen^colon}' Hyderabad,^T'S'

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/ (

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. . .^{PETITTONERS/PETITIONERS}

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AND

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(

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FATIMA^{BADRUL BATUL} l {h1i;,"1,iff^:r:};r'. ?;lt?,ilill3#:^{J'::fl?*:^} n"""{[-^{r-rigt' courtof Teiangarla'} ...RESPONDENT^{S/RESPONDENTS}

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MISE^M o JO^INTcoM

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No.¹ elders It is^{humbly submitted that the Petitioners and the Respondent} have^{compromisedthe matt€r out ofthe court with the intervention of}

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)il

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and weII wishers and peti Deed dt. o9_o1_2024 tioner IVo. I and Respondent No. l si and. jn view of re gned Setdern further proceed with th e case in C.C. comprorxise th XIII Additional Chief No. 12 ey do not want Metropo.litari 7 of 2OtB on th M may be euashed agistra e file of the Hon,ble against the petitr te at Hyderabad Justice. Hence, thi oners/.{ as such the same s Joint Comprom ccused No. I to 3 tse Mern o. rn the interest of 4 ffi;;:; (neffiervrro I eI ( PETI?IONER rVo.I O /j-r---t PE?ITIoNER No.2 ,/ PE?ITIOIVE R lVo. 3 REspoIvDEIVT IVo.I co ,&* PE?I?IO,'rs I I

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Abdul Yousuf v. Fatima Badrul Batul

Case brief

What is this about?

What did the court decide?

Abdul Yousuf v. Fatima Badrul Batul

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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