Allowed

Salman Khan v. The State of Telangana

Telangana HC3 Oct 2024CRLP/1825/2022

Case brief

AI extract

What is this about?

The High Court allowed IA Nos. 1 and 2 of 2024 along with the main criminal petition. Following a verified compromise between the petitioner and the de-facto complainant, the proceedings in C.C. No. 5431 of 2020 were quashed upon payment of costs to the Director, Sainik Welfare, and the High Court Advocates Association.

What did the court decide?

Quashed proceedings in C.C. No. 5431 of 2020; allowed IA Nos. 1&2 of 2024; directed payment of Rs. 10,000 as costs.

Salman Khan Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

¶1

[³³⁸⁵ ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

THURSDAY,THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SMT. JUSTICE K. SUJANA

¶6

l.A.Nos. 1 AND 2 oF 2024 IN/AND CRIMINAL PETITION NO : 1825 OF 2022

¶7

CRLP.No. 1825 ot 2022

¶8

Between:

¶9

Salman Khan, Sio. Hakeem Khaq Aged. 29 years, Occ. Business, R/o. H. No. 9-4-138/76, Grammar Colony, Toli6howki, HyOerinaO, fS

¶10

...Petitioner/Accused No.3

¶11

AND

¶12

The state of rerangana, Represented by its pubric prosecutor, High court, Hyderabad

¶13

2 Q1. |l_are1dra, S/o [,. Raja Manikyam Age 42 years Occ: RMO at OGH, Rlo.15-2-740160 Gaddiannaram Dildukh na"gar Hyrierabad^--'

¶14

...Respondents

¶15

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 in c.c. No. 5431 of 2020 o; the file of ll Addl- chief Metropolitan Magistrate at Hyderabad against the petitioner / Accused No. 3 in the interest of justice.

¶16

l.A. NO: 2 OF 2022

¶17

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 appea-rance of the Petitioner / Accused No. 3 in c.c. No. s431 of 2020 on the hie of the il Addt. chief Metropolitan Magistrate at Hyderabad pending disposal of the main Criminal Petition, in the interest of justice,

' I l

l.A. Nos: 1&2OF 2024

Between:

Dr. Narendra @ Kallapadu Narendra Kumar, S/o K. Raja Manikyam Age 49 years Occ: RMO at OGH, R/o.15-2-740160 Gaddiannaram Dilsukh nagar Hyderdbad.

¶22

...Petitioner/2nd Respondent

¶23

AND

¶24

1 Salman Khan, S/o. Hakeem Khan, Aged- 31 years, Occ. Business, Rio. H No. 9-4-138/76, Grammar Colony, Tolichowki, Hyderabad T.S

¶25

... Petitioner/Accused No.3

¶26

2 The State of Telangana, Represented by its Public Prosecutor, High Court, Hyderabad.

¶27

...RespondenURespondent

¶28

Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioners to compound the offences in C.C. No. 5431 of 2020 on the file of ll Addl. Chief lr/etropolitan Magistrate at Hyderabad against the Petitioners/Accused 3 for the Offences U/s 448, 506, 186 lPC, Sec 3 of Medical Service persons and Medical service lnstitution Act 2008 and Sec.3 of epidemic Disease act-1897 and Sec.5'1 (b) Disaster management Act-2005 R/w 34 of IPC in the interest of^justice.

¶29

I.A. NO: 2 OF 2024

¶30

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 in C.C. No. 5431 of 2020 on the file of ll Addl. Chief Metropolitan Magistrate at Hyderabad against the Petitioners/Accused 3 for the Offences U/s 448, 506, 186 lPC, Sec 3 of Medical Service persons and Medical service lnstitution Act 2008 and Sec.3 of epidemic Disease act-18g7 and Sec.51(b) Disaster management Act-2005 R/w 34 of IPC and allow the parties to compromise the matter in the interest of justice.

¶31

This Petition coming on for hearing, upon perusing the Memorandum of

¶32

Grounds of Criminal Petition and upon hearing the arguments of Sri M.A. Mujeeb, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and of Sri Syed Mahboob, Advocate for the Respondent No. 2

¶33

The Court made the following: COMMON ORDER

¶34

THE HON'BLE SMT. JUSTICE K. SUJANA

¶35

I.A.Nos.1AND 2 of 2O24 IN /AND CRIMINAL PETITION No.1825 of 2022

¶36

COMMON ORDER:

¶37

It is submitted by learned^{counsel appearing for the} petitioner as well as the respondent^{No.2,that during pendency} of the present Criminal^{Petition, the parties have compromised} the matter and accordingly,^I.A.Nos. I^{and 2 of 2024 t.ave been} filed to record the comprornise^{betweenthem and to compound} the offences.

¶38

Vide order dated 18.09.2024, this Court^directedthe parties along with their respective counsel^{to appear beforethe} Secretary, High Court^{Legal Services Committee,High Court for} the State of Telangana,^{Hyderabad,for identificationand to} submit a report.

¶39

Pursuant to the above said direction^{issued by this Court,} the parties have appeared and^{the Secretary,High Court kgal} Services Cornmittee,^{has identifiedthe parties and submitteda} report, dated 26.O9.2024^{and, the sameis placed on record.}

¶40

In view of the above, I.A.Nos.^{1 and 2 of 2024 arc allowed.} Consequendy, this Criminal^{Petitionisallowed and the} proceedings in C.C.No.543I^{of 2O2Oon the file of the learned II} Additional Chief Metropolitan^{Magistrate, Hyderabad,against}

¶41

SKS, J 2 C.l.P.No. Ia25 o12022

¶42

the petitioner are hereby quashed subject to the petitioner paying costs of Rs.5,0OO/- (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No.52188926279, State Bank of India, Shantinagar Branch (2OO7O), IFSC Code:S8IN002007O, MICR No.5O0O04057) and Rs.5,O00/- (Rupees Five Thousand Onty) to the Telangana High Court Advocates Association, Hyderabad, within a period of two (O2) weeks from today and file proof of the same before the Registry.

¶43

Miscellaneous applications, if any pending, shall stand

¶44

closed.

¶45

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

//TRUE COPY//

To,

S ECTION OFFICER

'1. The ll Additional Chief Metropolitan Magistrate, at Hyderabad Citv. 2 The Station House Officer, Aizalgunj po"tice Stition, 'HyJeradaJ.^'' 3. Two ccs to the^pubric piosecuior,'Ffigh-co,rt'ior'tn6 staie or rerangana at Hyderabad. (OUT) 4 Ill".^S^:g:l?yt HlSh. Court Legat Services Committee, High Court for the _^{slate of lelanganaat Hyderabad.} 5. One CC to Sri M.A Muieeb, Advocate tOpUCl 9 9n"^{CC to Sri Syed Mahboob,Advocatb} tOpU'Cl 7. Two CD Copies-

¶50

Njb/gh

¶51

¶52

(ALONG WITH A COpy OF JOTNT MEMO OF COMPROMTSE)

¶53

Note: Total Amount of Rs. J 0,000r ( Rupees Ten thousand onry ) has been paid by Sri M.A. Mujeeb, counser for the petitioner as directed by the Hon,bre court vide order dated 0s.10.2o24 as. Rs- 5,000i- ( Rupees Five ihousanJ onlvl--io tn" "Director, sainik werfare Hyderabad, and is. s,oooi- i Rupees Five ttrousand onry ) to the Telangana High court Advocates Association, Hyderabad and fired tuturo * proof of compliance USR No. 98887 of 2024 dated 16.1O.2024

¶54

HIGH COURT

¶55

DATED:0311012024

¶56

,. )ir r HF- S'l,t -
/ .<_
iJo
t! 2 0 u[T 2U4
t.
"+ 't, - ,, /
- r ,.7
s... .,
'2

¶57

COMMON ORDER

¶58

l.A.Nos. 1&2of 2024 ln/and CRLP.No.1825 of 2022

¶59

ALLOWING BOTH THE t.A's & CRIMINAL PETITION

¶60

¶61

THE HTGH COURT I.'OR THE STATE OF TELANGANA AT HYDERABAD

¶62

Crl. P. No. 1825 of2022

¶63

Behveen:

¶64

t. Salman Khan S/o Hakeem Khan Aged about 31 years,

¶65

Occ: President Hyderabad youth courage(Nco), i' R/o H No 9-4-138/76 Grammar Colony Tolichowki Hyderabad T S.

¶66

... Petitioner / Accused Nos. 3

¶67

And

¶68

l. The State ofTelangana, Rep. by its Public^prosecutor, High Court Hyderabad, Hyderabad, Telangana State. .)i- r

¶69

¶70

Dr.Narendra@Kaltapadu Narendra Kumar, S/o K. Raja Manikyam, Aged 49 years occ RMo at oGH,R/ol5-2 -740/60 Gaidiannaram pitsuk},

¶71

.....De-Facto Complainant / Respondents

¶72

JOINT COMPROMI SE MEI{O FILED BY THE PETITIONER IACCUSED 3 AND RESPONDENT No. 2 lDe-facto Com plainant

¶73

May it please your Lordship

¶74

That both the parties have settred their dispute amicably and entered into compromise. The Respondent No. 2 fired an afrrdavit in the above petition to that effect.

¶75

2- Therefore, both the parties pray that this Hon'bre court may be pleased to quash the proceedings against the petitioners in c.c. No. 543 l of 2020 on the file of II Addl. Chief Metroporitan Magistrate at Hyderabad against the

\ I

I I

Petitioners/Accused 3 for^{the Offences U/s 448, 506,186 IPC,Sec 3 of Medical} Service^persons and Medical^{serviceInstitutionAct 2008 andSec.3of} epidemic Disease act-1897^{and Sec.5l(b) Disaster managementAct-2005 R/w} 34 ol IPC in the interest^{ol justice andn.raypass such other order or ordersas} the Hon'ble Court rnay deern fit^{and proper in the circurnstancei of the case.}

¶81

&-vI-

¶82

Salman Khan (Accused No. 3)

¶83

e,-{'C Dr.Narendra @ lapadu Narendra Kumar (Resporident No. 2) De-facto Complainant

¶84

¶85

Petitioner a"rrrgM Darcdp{.0g.2024 Hyderabad.

¶86

0is_ Counsel for tfe 2"d Respondent /De-facto Complainant

¶87

I l\

Salman Khan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Salman Khan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Syed Nayeemulla and 3 others Vs The State of Telangana and another

K. Venkat Ramaiah Vs The State of Telangana

Meesala Ramprasd Vs The State of Telangana

Katravath Krishna Vs The State of Telangana

Rapaka Mohana Rao Vs The State of Telangana

Rapaka Mohana Rao Vs The State ofTelangana