High Court of Telangana allowed Criminal Petition to quash proceedings under CC.No.484/2022 involving death by negligence. Court recorded voluntary compromise and directed payment of compensation to heirs and award to advocates..
Quashing of proceedings in CC.No.484/2022 subject to payment of Rs.5,000 to Sainik Welfare and Rs.5,000 to HCAA.
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.
[338s ]
IN THE HIGH COURT FOR THE ST.A,TE OF TELANGANA AT HYDERABAD
TUESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
l.A. NO: 2 AND 3 OF 2024
IN/AND
CRIMINAL PETITION NO: 6041 OF 2024
Between:
Shaik Chand Basha, S/o. Late Jaffer Sahab, Aged 47 years, Occ. SubR.egiskar, R/o.H.No.1-7-13'1, Crystal Yashoda Heights Apts, Zamistanpur, lvlusheerabad, Hyderabad.
...PETITIONER/ACCUSED
AND
...RESPONDENT/DEFACTO COMPLAINANT
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lMemorandum of Grounds of Criminal Petition, the High Court may be pleased to prevent abuse of process of court and to secure the end of justice it is prayed that this Hon'ble court may pleased to quash the proceeding in CC.No.484/2022 which is pending on the file of Hon'ble tV Addl. Chief Metropolitan Magistrate, Hyderabad against the Petitioner.
l.A. NO: 1OF 2024
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 appearance of the Petitioner in CC.No-484/2O22 which is pending on the file of lV Addl. Chief Metropolitan Magistrate, Hyderabad.
l.A. NO: 2 OF 2024
Between:
Sri. G. Athikanth Chandra Gowli, S/o. A.lay Chandra Gowli, Aged 34 years, Occ. lT Employee, R/o. Flat No.302, Sai Towers, Jahed Nagar Society,-Road No.1 ,Near Kalyanpuri, Uppal, Medchal.
...PETITIONER/RESPONDENT No. 2
AND
...RESPONDENT/COMPLAINANT
...RESPONDENT/PETITIONER
Petition under Section 320 (6) of Cr.P.C praying that in the circumstances statedin the Memorandumof Grounds of Criminal Petition, the High Court may bepleasedto permitthe Petitioner/ Respondent No.2 to compromise the case in CC.No.484l2O22which ispending on the file of tV Addt. Chief Metropolitan Magistrate,Hyderabad against the Respondent/Petitioner.
A. NO:3 OF 2024
Petition under Section 32O (21 rlw 482 of Cr.p.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminalpetition, the High Courtmay be pleased to record the compromise ofpetitioner/Respondent No.2 inCC.No.48412022 which ispending on the file of lV Addt. Chief Metropolitan Magistrate, Hyderabad against the Respondent/petitioner.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of CriminalPetition and upon hearing the arguments of Sri KHALED BIN SAYEED,Advocatefor the Petitioner and thepublic prosecutor on behalf of the RespondentNo. 1 and of Sri G. PURUSHOTHAM RAO, Advocate for the Respondent No.2.
The Court made the following: ORDER
THE HON'BLE SMT. WSTICE K. SUJANA
I.A.No.2 ar.d.3 of 2024 ln and CRIMINAL PETITION No.6O41 of2024
COMMON ORDER:
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.No.2 and 3 of 2024 have been filed to record the compromise between them and to compound the offences.
\
, I
:,;...
2
petitioner/ accusedare hereby quashed subjectto the petitioner paying an amount ofRs.5,0O0/-(RupeesFive Thousand Only) to the Director,Sainik Welfare, Hyderabad (Savings A/c.No.52188 926279,StateBank of India,Shantinagar Branch (2OO7O], IFSC Code:SBINOO2OO7O,MICR No'500004057)and Rs.S,OOO/- (RupeesFive Thousand Only)to the Telangana High Court AdvocatesAssociation, Hyderabad,withina periodof two (O2) weeks from today andfile proof of the same belorethe Registry.
Miscellaneous applications,if any pending, shall stand
closed'
sD/- A'v's' PRA'AD' ASSrsrANr :70
//rRUE coPY//
SECTION OFFICER
To,
1 . The lV AdditionalChief MekopolitanNlagistrateat Hyderabad . i. fn" StrtionHouse Officer, Amberpet Police Station' Hyderabad- - 5. f*o CCrto the Public Piosecutor,High Courtfor the State of Telangana at Hyderabad. [OUT]
+. o'nl cc tosRt. xnRLEOBIN SAYEED, Advocate [OPUC]
VH
(Along with a copyof JointMemoof compromise) NOTE:
Total Amountof Rs. 10,0001( RupeesTen thousand only ) has been paidby sri KHALED BINSAYEED, Counsel for the Petitioneras directed by the Hon'blecourt vide order daledO2-O7 -2024 as Rs 5,O0O/- ( Rupees Five thousandonly ) to the "Director, Sainik WelfareHyderabad, and Rs 5'000/-( RupeesFive thousand only) to the TelanganaHighCourt AdvocatesAssociation'Hyderabad and filedMemoas proof of compliance USRNo. 61272of 20204, daled O5-o7 -2024'
HIGH COURT
DATED: 0210712024
ORDER l.A. NO: 2 AND3 OF 2024 !N/AND CRLP.No.6041of 2024
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ALLOWING THE
CRIMINAL PETITION
t3
a
HIGII COURT TOR THE STATE OF TEI.AIIGANAAT ITYDERBAD
LA.No. oF 2024
IN
CRL.P.No ../l oF 2024
IN
CC. No. 484 0F2022 (On the file of Hon'ble fVAddl. Chief Metropolitan Magistrate, Hyd)
Between:-
Sri. G. Athikanth Chandra Gowli, S/o. Ajay Chaldra Gowli, Aged 34 years, Occ: IT Employee, R/o: Flat No.SO2, Sai Towers, Jahed Nagar Societ5r, Road No. l, Near Kalyanpuri, Uppal, Medchal.
... Petitioner/Respondent No. 2
AND
Rep. by itspublic Frosecu tor,
High Court for the state of Telargana, Hyclerabad.
... Respondent/Complainant
Aged 47 years, Occ: Sub_Registrar,
R/o.H.No. 1-7-13I, Crystal iashoda He,ghts Apts, Zamistanpur, Musheerabad, Hyderabad. .. . . Respondent/petitioner
.. . . Respondent/petitioner
JOINT MEMO
l4
I May it please YourH onour,
.E
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Thereforeit i*s Prayedthatthis Hon'ble Court maY be Pleased to permit thePetitioner/ItespondentNo'2 and the ResponclenL//Petitioner to compromisethe case in CC'No'484/ 2022 whicn is pendin$ on the file of Hon'ble IVAddl' Chief Metropolitan Magistrate' Hyderabadagainst lhe Respondent/Petilionerald to pass such other order or orders as this Hon'bleCourt may be deemsfit and proper in the circumstancesof the
case.
(r etitioner/R.No.2 Signature o
Signatureofetitioner/Accused.
CounselfoPetitionEr/R.No'2
Cor-rnsel titioner cused
ITTDERABAD -06'2024.
2 issues framed by the court
Whether the proceedings under CC.No.484/2022 can be quashed upon settlement between the parties.
Whether the High Court can record compromise under Section 320 Cr.P.C in an offence under Section 304(A) IPC.
2 provisions across 1 enactments
Shaik Chand Basha
G. Athikanth Chandra Gowli
The State of Telangana
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
