Mohd. Abdul Nadeem Vs State of Telangana

Mohd.Abdul Nadeem, S/o.Mohd.Abdul Saleem, aged about 39 Yea rs, Occupation. Private Service, R/o H.No.10-5-170, 171 Ahmed Nagar Hyderabad-20 Aadhar No.526397689004

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Smt.Rehana Sultana, Wo. Mohd.Abdul Saleem, aged about 55 Years, Occupation. Household, R/o H.No.10-5-170, 171 Ahmed Nagar Hyderabad20 Aadhar No.625499920544

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Mohd.Abdul saleem, S/o Mohd. Abdul Jabbar, aged about 58 Years, Occupation. Government Employee, R/o H.No.10-5-170, 171 Ahmed Nagar Hyderabad-20 Aadhar No.6895648651 85.

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Mohd,Abdul Naveed, S/o Mohd.Abdul Saleem, aged about 36 Years, Occupation. Service in U.S.A., R/o H.No.10-1 -17lND Flat Nolollilodern Enclave Masabtank Hyderabad-T.S. Reptd. By GPA Holder tr4ohd.Abdul Saleem Sio Mohd.Abdul Jabbar aged about 58 Years, Occupation. Government Employee, Rio H.No.^'10-5-170, 17'l Ahmed Nagar Hyderabad20 Aadhaar No.307730640694.

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Mohd.Abdul Sameer, S/o Mohd. Abdul Saleem, aged about 3'1 Years, Occupation. Service in U.A.E., R/o H.No.^{'10-5-170,'17'1} Ahmed Nagar Hyderabad-2o Reptd. By GPA Holder ltlohd.Abdul Saleem S/o tt/lohd Abdul Jabbar aged about 58 Years, Occupation. Government Employee, R/o H.No. 1 0-5-170, 171 Ahmed Nagar Hyderabad-2O Aadhaar No.504791746585.

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...Petitioners/Accused I to 5

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AND

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1 State of Telangana, Represented by Police of P.S.Rein Bazar, through Public Prosecutor, High Court for the State of Telangana.

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2 Smt.Sobiya Tasneem,^{D/o.M.A.Raheem,} age 29^years. Occ.^{Housewife. R/o} H.No. 18-7-29715. lmliban,^Yakutpura, Hyderabad, Telangana^State.Aadhar No.

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...Respondents

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E5!B7 .-,* ,/

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Petition under Sectron 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 criminal case in C.C.No.753 of 2016 arising out of Crime No 43 of 20'16 of P S Rein Bazar pending on the file of the Xlll Additional Chief lvletropolitan [/lagistrate, Hyderabad agarnst these petitioners/accu sed No.1 to 5 in the interest of justice.

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l.A. NO: 1 OF 2025

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Smt.Sobiya Tasneem, D/o.M A Raheem, age 29 years, Occ. Housewife, R/o H.No. 1 8-7-29715 lmliban, Yakutpura, Hyderabad, Telangana State. Aadhar No

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...Petitioner/Respondent No.2 in l.A No.1 and 2 ot 2025

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.1 . tt/ohd.Abdul Nadeem. S/o.Mohd.Abdul Saleem, aged about 39 Years, Occupation. Private Service, R/o H.No.10-5-170, 171 Ahmed Nagar Hyderabad 20 Aadhar No 526397689004

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2 Smt.Rehana Sultana, Wo. Mohd.Abdul Saleem, aged about 55 Years, Occupation Household, R/o H No 10-5-17O, 171 Ahmed Nagar Hyderabad20 Aadhar No.625499920544

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Mohd.Abdul saleem. S/o Mohd. Abdul Jabbar, aged about 58 Years, Occupation. Government Employee, R/o H.No.10-5-170, 171 Ahmed Nagar Hyderabad-20 Aadhar No 689564865185.

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Mohd.Abdul Naveed, S/o Mohd.Abdul Saleem, aged about 36 Years, Occupation. Service in U S A., R/o H.No.l0-1-17lfuD Flat NololModern Enclave Masabtank Hyderabad-T S. Reptd By GPA Holder Mohd.Abdul Saleem S/o Mohd Abdul Jabbar aged about 58 Years, Occupation. Government Employee, R/o H.No. 10-5-170, 171 Ahmed Nagar Hyderabad20 Aadhaar No.307730640694.

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Mohd.Abdul Sameer S/o Mohd. Abdul Saleem, aged about 3'1 Years, Occupation. Service in U A.E., R/o H.No. 10-5-170, 171 Ahmed Nagar Hyderabad-20 Reptd By GPA Holder Mohd.Abdul Saleem S/o Mohd.Abdut Jabbar aged about 58 Years, Occupation. Government Employee, R/o H.No 10 5-170, 171 Ahmed Nagar Hyderabad-20 Aadhaar No.50479'1746585

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6 sta te or re ra ns a n a, -" ;,:::[: tT'#:ff :?], fl ):;',;:ffi^"J ;:', "t Prosecutor. High Court for the State of Telangana.

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.RespondenURespondent in l.A No.1 and2 ot 2O2S

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Petition under Section 359(6) of BNSS praying that in the circumstances stated in the [t/]emorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to record the compromise in terms of the Joint memo Filed by the petitioners and respondent No.2 to quash the criminal case in C.C. No.753 of 2016 arisrng out of Crime No_43 of 2016 oI^p.S. Rein Bazar. Hyderabad, pending on the file of the Xlll Additional Chief Metropotitan lVlagistrate at Hyderabad in the interest of justice.

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l.A. NO: 2OF 2025

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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 compound the offence under SECTIONs 498-4 lPC,420 lPC, 493, lPC, 120-B lPC, 109 IPC r/w 34 IPC ADN Sec.3 and 4 of DP Act and quash the pending criminal case in C.C.No. 753 of 20'16 arising out of Crime No. 43 of 20 16 of PS.Rein Bazar, which is now pending on the file of the Court of the Xlll Additional Chief Metropolitan Magistrate Hyderabad against the petitioners/Accused 1 to 5 in view of the settlement effected by and between me and the accused No.1 to 5 in the interest of^justice.

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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 Mr.K.Ravinder, Advocate for the Petitioner and Additional Public Prosecutor on behalf of the Respondent No.'l and ltilr. Md.Vaseeuddin, Advocate for the for the Respondent No.2.

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The Court made the following: COMMON ORDER

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'?#i s'ry' ./ 8/

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l

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No.5489 OF 2025

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COMMON ORDER

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This Criminai Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023^('tor short^'BNSS, 2023') seeking quashment of the proceedings against the petitioners in C.C.No.753 of 2016 on the file of the learned Xlll Additional Chief fi/letropolitan Magistrate. Hyderabad

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The petitioners are arrayed as accused Nos.1 to 5 in the Calendar Case registered for the offences punishable under Sections 498-4, 420, 493, 120-B, 109 read with Section 34 of the lndian Penal Code, 1860 and Sectrons 3 and 4 of the Dowry Prohibition Act,^'196'l

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Heard Mr K.Ravinder. learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No. 1 -State and lt/lr.l\4d.Vaseeuddin, learned counsel for the respondent No.2/de-faclo complainant

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Pending this petition, the partres have entered into the compromise and, accordingly, respondent No.2/de-facio complainant filed I.A.Nos 1\ and 2 of 2025 with the prayer to permit them to enter into compromise

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2

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r1

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N7R,/ 1..'1.Not./ trnd 2 ol 2025 in/ and 0/.P.N0.5189 ol 202i

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and by recording the settlement to quash the proceedings against the petitioners/accused Nos.'1 to 5 in C C.No.753 of 2016

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5 This Court vide otdet dated 22.04.2025 referred the parties to the High Court Legal Services Committee for identificaiion and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 28.04.2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and without coercion enlered into settlement/comprom ise.

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I have considered the submissions of the learned counsel and perused the materials on record

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Having considered the allegations, the charged offences, which are essentially matrimonial and inter-personal in nature and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. Stafe of Punjab and anothe/ and Anit Mishra^y. State of lJ.P.2; Sfafe of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the

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consldered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdrction under section 482 cr.p.c.ts2| of BNSS 2023 would be in the interest of justice.

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Accordingry, r.A Nos 1 and 2 of 202s are ailowed. consequenfly, arr the proceedings in c c No 753 0f 2016 0n the flre of the rearned Xilr Additionar chief Metroporitan l\rragrstrate. Hyderabad, are hereby quashed against the petitioners/accused Nos.1 to 5.

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o ln the above terms. the Criminal petition is disposed of.

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Pendrng miscellaneous applications. if any. shall stand closed

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SD/- N. SRIHARI Dt PUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Xlll Additional Chief lvletropolitan Magistrate at Hyderabad

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The Station House Officer, Rein Bazar Police Station, Hyderabad.

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One CC to Sri Ravinder Kodi, Advocate [OPUC]

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One CC to Mr Md Vaseeuddin, Advocate [OPUC]

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Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

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Two CD Copies

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Svs/gh

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(Along with a copy of Joint Memo of Compromise)

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HIGH COURT

DATED:0110512025

COMMON ORDER

CRLP.No.5489 of 2025

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DISPOSING OF THE CRLP AND ALLOWING THE l.A Nos.1 and 2 of 2025

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<o.,Rr ':.,. . ii,ii, IN THE HON'BLE HIGF.FOR THE STATE OF^{TELANGANA AT HYDERABAD} a\

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CRL.P.No of 2025 fuq

IN

C.C.No 753 of 2016

Arising out of Crime No.43 of 2016^{of P.S. ReinBazar,} Pending on the file of the Xlll Additional^{Chief lVletropolitan Magistrate,} Hyderabad.

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Between:

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tvlOHD. ABDUL NADEEM, S/o Mohd. Abdul Saleem, aged about 39 Years, Occupation: Private^Service, R/o H.No.10-5-170, 17 1 Ahmed Nagar Hyderabad-2O Aadhar No. 526397689004

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2 SIVIT.REHANA SULTANA, W/o tVlohd Abdul^Saleem, aged about 55 Years, Occupation. Household, R/o H.No.10-5-170, 171 Ahmed Nagar Hyderabad-20 Aadhar No.625499920544

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IUOHD. ABDUL SALEEM, S/o Mohd Abdul Jabbar, aged about 58 Years, Occupation: Government Employee, R/o H.No.10-5-170, 171 Ahmed Nagar Hyderabad-2O Aadhar No.6895648651 85.

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IUOHD. ABDUL NAVEED, S/o t/ohd. Abdul Saleem, aged about 36 Years, Occupation: Service in U.S.A., R/o H.No.10 1-17lND Flat No.1 lVlodern Enclave Masabtank Hyderabad-T.S.

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Reptd. By GPA Holder lMohd.Abdul Saleem S/o lt/ohd.Abdul Jabbar aged about 58 Years, Occupation: Government Employee, R/o H.No. 10-5-170, 171 Ahmed Nagar Hyderabad-20 Aadhaar No.307730640694

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IUOHD. ABDUL SAIVIEER, S/o lVlohd Abdul Saleem, aged about 31 Years, Occupation: Service in U.A.E., R/o H.No. 10-5-170, 171 Ahmed Nagar Hyderabad-2O Reptd. By GPA Holder [/ohd Abdul Saleem S/o Mlohd.Abdul Jabbar aged about 58 Years, Occupation: Government Employee, R/o H.No. 10-5-170,^'1 71 Ahmed Nagar Hyderabad-2O AadhaarNo.5047917465B5. .... Petitioners/Al toA5

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AND

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State of Telangana, Represented by Police of P.S. Rein Bazar, through Public Prosecutor, Hioh Court for the State of Telangana. " 4"' -th!t2 aLhr-, t ehu g/ 4-t

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)

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Smt. Sobiya Tasneem,

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D/o IVI.A.Raheem, age 29 years, Occ: Housewife R/o H.No. 1 B-7-297 15, lmliban, yakutpura, Hyderabad, Telangana State. Aadhar No.

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Respondents

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,I JOINT CO IVIPROIVIISE TVIEIVIO FILED BY THE PETITI ONERS/AC CUSED NO TO 5 AND RESPOND ENT NO.2/D EFACTO C OIVIPLAINANT

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May it please your Lordship.

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1 That the case in c.c No.753 0f 2016 arising out of crime No.43 0f 2016 registered by the porice of Rein Bazar porice station Hyderabad for the offence under section 498-4 rpc, 420 rpc,493 rpc, 12oB rpc,109 rpc r/w 34 rpc and sec.3 and 6 0f Dowry prohibition Act was on the comprarnt rodged by the defacto complainant the respondent No.2 herern who was the wife of the accused No.1

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That due to the intervention of erders and weil-wishers of both the famiries of petitioners and respondent No.2 herein, the petitioners herein and the defacto complainant/respondent No.2 herein and her famiry members came forward and entered into a Setflement Deed and resorved the pending crisputes between the petitioner No.1 herein and the defacto complainant by executing a Setflement Deed in presence of the witnesses. Trre copy of the Setflement Deed is fired before this Hon'ble Court.

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These petitioners and the respondent No.2 herein being the defacto complainant had agreed that both the parties wiil not fire any case against each other and shall withdraw the pending cri,.ninal case.

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The petitioner No 1 herein and the defacto comprainant herein after their divorce married for the second time and living separately along with their respective spouse 1 ahu 94' EY 4: s

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-3-

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{ 5. The petitioner No.1 and the defacto complainant agreed^{that there is no} pressure, force or undue influence to compromise and withdraw the^pending criminal case.

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It is therefore prayed that this Hon'ble Court be^pleased to record the compromise permitting the petitioners herein and the respondent No.2/defacto complainant to compound the offence by allowing the Criminal Petition filed by the petitioners/accused No.1 to 5 to quash the criminal case in C.C.No.753 of 2016 arising out of Crime No.43 of 2016 of P.S. Rein Bazar which is now pending on the file of the Hon'ble Court of the Xlll Addl. Chief fi/letropolitan lt/lagistrate, Hyderabad in the interest of^justice.

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Date: -04-2025 Hyderabad-T.S.

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Petitio er A1 ehaa Petitioner/A2

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-M Pefitioner/A3 dy Petitio6.er No.4,^z Reptd by GPA. tur / Petitioner No.5, Reptd.by GPA.

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Counsel for P ers/Al to A5.

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&

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Respondent No.2/Defacto Complainant