This order quashes criminal proceedings on the ground of compromise between the parties and the de facto complainant, directing payment of rupees ten thousand to designated welfare bodies as a condition precedent.
Criminal petition allowed; proceedings in C.C.No.865 of 2023 quashed subject to payment of Rs. 10,000 compensation to designated bodies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY,THE FOURTH DAYOF SEPTEMBER TWO THOUSAND AND TWENW FOUR
PRESENT
THE HONOURABLE SMT. JUSTICE K. SUJANA
Between:
l.ANos. 2 AND 30F 2024 IN/AND CRIMINAL PETITION NO: 5460 OF 2024
Md. S!o;r1b._S{o.. [4d. Quddus, Aged about 30 years, Occ. Business R/o. H.N o. 2-7 -967, Mukarampura, Karimnagar, Telangdna.
...Petitioner/Accused No.2
AND
...Respondents/De-facto Complainant
Petition under Section 482 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal ietition, the High Court may be pleased to Quash the c.c B6s of 2023 on the fire of the corirt of Judicii Magistrate 1't Class (Spl. Mobile pCR) at Karimnaiar, by compounding the offences registered U/S. 449, 354, 323,294-8, R/w.i4 t.p.C. in terms o'f the compromise deed, dt. 09.03.2024 in the interest of justice.
l.A Nos: 2 & 3 0F 2021
Between:
Maimuna Slrltana, Wo. Md.. Owais. Ahnred Aged about. 27 years, Occ: Housewife, Rt/o. Kashmeergadda, Karimnagar Oisiri-t, TeIangana.
.RespondenUDefacto ComplainanUpetitioner
AND
Petition under Section359(6) of BNSS praying that in the circumstances stated in the Memorandumof Groundsof criminalPetition, the Highcourtmay O" pt.r""O topermit the petitioner/ Accused no 2 to compound l[? 1I"""9: ]l c.c. 86512023 onthe file of the courtof Judicial Magistrate of 1'' class (spl. MobilePCR)atKarimnagarandallowthepartiestocompromisethematterin the interest ofjustice.
l.A NO: 3 OF 2024
Petition under Section 359(2)of BNSS praying that in the circumstances stated in the Memorandumof Groundsof criminalPetition, the Highcourtmay be pleased to record thecompromisein the offencesin,C C 865/2023on the file of t'he court of JudicialMagistrateof 1't class(Spl.MobilePCR) at Karimnagar, sand allow theparties tocompromise the matter in the interest of iustice'
This Petition coming onfor hearing, upon perusing the lvlemorandum of Grounds of criminalPetition and upon hearingthe argumentsof Sri Mohammad Khiyar Pasha, Advocatefor the Petitioner and the AssistantPublic Prosecutoron behalf of the RespondentNos. 'l & 2 and of M/s. ShruthaK Mandatha' Advocate for the Respondent No.3
The Court made the following:COMMON ORDER
THE HON'BLE SMT. WSTICE K. SUJANA
I.A.Nos.2 atd3 of2O24 inland CRIMINAL PETITIONNo.546O of2024
COMMON ORDE R:
It is submitted by learned counsel appearing for the petitioner as well as the respondent No.3, that during peMency of the present Criminal petition, the parties have compromised the matter and accordingty, I.A.Nos.2 and 3 of 2024 have been filed to record the compromise between them and to compound the offences.
\
) )
2
Mobile PCR) at Karimnagar, are hereby quashed subject tothe petitioner paying an amount of Rs.5,O00/-(Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (savings A/c.No.52188926279, State Bank of India, Shantinagar Branch (2OO7O, IFSC Code:SBINOO2OO7O, MICR No.5O0OO4057) and Rs.5,000/- (Rupees Five Thousand Only) 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.
Miscellaneous applications, if any pending, sha-Il stand
closed.
Sd/. V. KAVITHA ASSISTANT REGISTRAR
//TRUE COPY//
To,
SECTION OFFICER
&d:::.wrH A copy oF JorNr MEM. oF coMpRoMrsE)
Note: Total Amount of Rs. 10,000/- ( Rupees Ten thousand only ) has been paid by Sri Mohammad Khiyar Pasha, Counsel for the petitioner as directecl by the Hon,ble Cou( vide order dated 21.08.2023 as Rs. 5,000i_ ( Rupees Five thousand only ) to the'Director, Sainik Welfare Hyderabad, and Rs_ 5,000/_ ( Rupees Five thousand only ) to the Telangana High court Advocates Association, Hyde.abad and fited Memo as proof of compliance USR No. 88402 ot 2024 dated 12_09.2024
HIGH COURT DATEO:0410912024
COMMON ORDER
l.A.Nos. 2 &3 of 2024 ln/and CRLP.No.S460 ot 2024
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ALLOWING BOTH THE I.A'S & CRIMINAL PETITION
?AW
ffi
Memorandum of Criminal petition (under section.qez.oe#Ei-d 5 1 C4 L Bp e9 r, IN THE HIGH COUTT FOR TiiE STATE OF TELANGANA AT: HYDERABAD:
Crl.P.No.
5460 of 2O24 AGAINST
c. c. No. 86s OF 2023
(oN THE FrLE OF THE JUDICTAL MAGISTRATE OF 1sr CIASS (SpL. MOBILE PCR), AT: KARIMNAGAR)
BETWEEN
Md. Shoaib, S/o. Md. Quddus,
Agedabout: 30 years, Occ: Business,.
R/o. U.lrto. 2-7 -967, Mukarampura, Karimnagar, Telangana.
... Petitioner/Accused No.2
AND
Rep. by its Publicprosecutor
High Court of Telangana, Hyderabad.
.... Respondent
.... Respondent
Wo.Md. Owais Ahmed,
Occ: Housewife,
Aged about: 27 years,
Rl/o. Kashmeergadda, Karimanagar Dist., Telangana
... Respondent/De facto Complainant
JOTNT MEMO FILED BYTHE BOTH PA ES
It is submitted that the Petitioner/Accusedno. 2 and the Respondent No.3/De facto{omplainant has compromisedbefore the elders & well-wishers,and the petitioner/ Accused no. 2 has no objections toquashing theproceedings in C.C 86512023, registeredtJlS. 448,354,323,294'8, Rlw.34 I.P.C on the file the court of Judicial Magistrate of I't Class(Spl. Mobile PCR)at Karimnagar in the interest ofjustice.
M. --T (Md. Shoaib) Petitioner/ Accused No.2
(Maimuna Sultana) (Respondent No. 3) Defacto Complainant
\K --rCOUNSEL FOR THE PETITIONER/ A2
rtl .^aalfu-\r^cCOUNSEL FOR THE RESPONDEJT No.3/DE FACTO COMPLAINANT
Date:$ 4--zoz+ Hyderabad.
3 issues framed by the court
Whether the criminal proceedings can be quashed upon compromise between the parties.
Whether the High Court can order compounding of offences under Section 359(2) and 359(6) of BNSS.
Whether the requirement of payment of compensation to designated public bodies is a condition for quashing.
8 provisions across 4 enactments
Md. Shoaib
The State of Telangana
Maimuna Sultana
K. SUJANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
