Mr.Mohd Yousuf Uddin And 2 Others v. Mrs. Ayesha Begum

IN THE HIGH COU RT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9384 OF 2022 ALONG WITH l.A.Nos. 1 and 2 OF 2022 I LA.Nos. 1 and 2 OF 2022 Between:

1. Mrs. Ayesha Begum, Wo Mohd Yousuf Uddin, Aged about 42 years, Housewife, Ryo 12-45l2,YNR Colony,Satamrai, Shamshabad, Ranga Reddy Dist.

2. The State of Telangana, Through SHO, RGI Shamshabad Police Station, Police Station, Cyberabad, rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad.

I I ...RESPONDENT/DEFACTO COMPLAIANT AND

1. Mr.Mohd Yousuf Uddin , S/o Late Naseeruddin, Teacher, Aged about 53 years R/o 6-2861 , Meer Bagh colony, Nalgonda.

2. Mrs. Parveen Sultana, Wo Matheen Ahmed, Housewife, Aged about 35 years, Ryo 6-2861 , Meer Bagh Colony, Nalgonda.

3. Mr.Matheen Ahmed, S/o Late Basheer Uddin, Teacher, Aged about 48 years, F/o 6-2861 , Meer Bagh Colony, Nalgonda_.

...RESPONDENT/ACCUSED No.1,2 & 3 LA. NO: 1OF 2022 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 to permit the Petitioner/Respondent No.2/petitioner to compound the offense in C.C No. 368112021, for the offences U/Sec.498-A and Section 3 and 4 of D.P Act pending on the file of Addl. Junior Civil Judge Cum Xll Addl. Metropoiitan Magistrate, Rajendranagar, in the interest of justice, rn the interest of justice.

i I

l.A. NO: 2 OF 2022 Petition under Section 320(2)of Cr.P.C praying that in the circumstances stated in the [\,4emorandum of GrounCs of Criminal Petition, the High Court may be pleased to pernrit and record the compromise and quash the proceedings in CC No. 368'1/2021. for the offences U/Sec.498-A and Section 3 and 4 of D.P Act pending on the file of Addl. Junior Civil Judge Cum Xll Addl. Metropolitan I\,4agistrate, Rajend ranagar.

CRIMINAL PETITION NO: 9384 OF 2022 Between:

1. Mr.tr,lohd Yousuf Uddin , S/o Late Naseeruddin, Teacher, Aged about 53 years R/o 6-2861 , Meer Bagh colony, Nalgonda.

2. Mrs. Parveen Sultana, Wo Matheen Ahmed, Housewife, Aged about 35 years, R/o 6-2861 , Meer Bagh Colony, Nalgonda.

3. Mr.Matheen Ahmed, S/o Late Basheer Uddin, Teacher, Aged about 48 years, R/o 6-2861 , lt,leer Bagh Coiony, Nalgonda.

...PETITIONEFYACCUSED No.1,2 &3 AND

1. Mrs. Ayesha Begum, Wo Mohd Yousuf Uddin, Aged about 42 years, Housewife, R/o 12-4512,YNR Colony,Satamrai, Shamshabad, Ranga Reddy Dist.

2. The State of Telangana, Through SHO, RGI Shamshabad Police Station, Police Station, Cyberabad, rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad.

... RESPONDENT/DEFACTO COMPLAINANT 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 This Honourable Court may please to quash the proceedings in C. C No:3681 ol 2021 on the file of Honourable Additional Junior Civil Judge Cum Xll Additional Metropolitan Magistrate, Rajendranagar in the interest of Justice and equity . These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD RIYAZ PASHA ,Advocate for the Petitioners in Crl.Petition and Respondent No. 1 in l.A.Nos. 1 & 2 of 2022 and the Public Prosecutor on behalf of the Respondent No.2 in Criminal Petition and Petitroner No.2 in l.A.Nos.1 and 2 ot 2022 and of Sri IvIOHAMMED MASOOD ALI Advocate for the Respondent No. I in Crl.Petition and Petrtioner in l.A.Nos. 1 and 2 of 2022. The Court made the following: COMMON ORDER

THE HONOURABLE SRI JUSTICE K. SURENDER CRIMINAL PETITION No.9384 OF 2022 ALONG WITH I.A.Nos. 1 and 2 O? 2022 COMMON ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.3681 af 2O2l on the file of Additional Metropolitan Magistrate at Rajendranagar, Cyberabad. The petitioners herein are accused Nos.l, 2 and 3 in the said case. The offences alleged against the petitioners I herein are under Sections 498-A of I.P.C and Sections 3, 4 of D.P.Act.

2.

Heard learned counsel appearing on both sides and I learned Additional Public Prosecutor for the State. Perused the record.

3.

During the pendency of the preseqt Crimina-l Petition, the I parties have compromised the matter and, accordingly, respondent No.2-de facto compLdnant liled I.A.Nos. 1 and 2 of 2022 to permit them to compound the offences and to compromise the case.

4.

Vide order dated 27 .lO .2022, this Court, after recording the submissions made by the learned counsel for the petitioner

KS,J C.l.Petition No.9384 of 2022 Alon8 with l. A. N os. 7 and 2 oI 2022 as weil as respondent No.2, directed the parties to appear before the Secretary, Telargana High Court Legal Services Committee, Hyclerabad, for their identification and also directed the Secretar5z to submit a report by 17.11.2022. In compliance with the said order, the Secretary has submitted his report, on 03.tt.2022.

5.

In the report of the Secretar5r, Telangana High Court Legal Services Committee, Hyderabad, it is stated that in obedience of the orders dated 03.1 1.2022, the petitioners and ttre 2"d respondent have appeared before him along with their counsel and on examination and verification of their particulars from their Aadhar Cards, they were tallied. Thus the identification of both the parties has been established.

6.

The parties herein have hled a joint memo of compromise stating that they have agreed among themselves to compromise and resolve al1 the disputes, they have settled the disputes between them amicably and 2na respondent has no objection to quash the proceedings against the petitioners herein in the above Calendar Case. The said joint memo of compromise and the report of the Secretary are placed on record.

KS,J Crl.Petition No.9384 of 2022 Along with l.A.Nos. L and 2 of 2022 7 .

In vieu, of the said report of the Secretary, Telangana High I Court Legal Services Committee, Hyderabad and also in view of the compromise entered between the petitioner and respondent No.2, I.A.Nos. I and 2 of 2022 are allowed. Consequently, the Criminal Petition is allowed and the proceedings 1n I C.C.No.3681 of 2O2l on the file of Additional Metropolitan Magistrate at Rajendranagar, Cyberabad, against the petitioners-Accused Nos.1, 2 and 3 are hereby quashed, petitioner have undertaken to pay an amount of Rs. 10,000/- (Rupees Ten Thousand Only) 1n favour of Director, Sainik Welfare, Hyderabad, (Savings A/c.No. 52LaA926279, State I Bank of india, Shantinagar Branch &, 2OO7O, IFSC Code: SBIN0O20O70, MICR No. 500004057), within a period of one week from today, and file proof of the same into the Registry. As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.

!

Sd/. N. SRIHARI ASSISTANT.RFGISTRAR ('1't-r--'-- //TRUE COPY'

SECTION OFFICER To,

1. TheAdditional JuniorCivil Judge Cum Xll Additional Metropolitan Magistrate, Rajendranagar.

2. The Station House Officer, RGI Shamshabad Police Station, Cyberabad .

3. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad.(OUT)

4. One CC to SRl. MOHD RIYAZ PASHA Advocate [OPUC]

5. One CC to SRl. MOHAMMED MASOOD ALI Advocate IOPUC]

6. The Secretary Telangana High Courts Advocate Association, Hyderabad.

7. Two CD Copies (along with a col)v of Joint mem() of c()mpromise) Cost Memo:

Note: Amount paid by Petitionerlaccuscd Nos- I to 3, towards 10,000/- (Ten Thousand Only) in favour of Director. Sainik Welfare. Hy,-derabad, (Savings A,/c.No. 52188926279, State Bank of India, Santinagar Branch(20070), IFSC Code-SBINOO20070,MICR No.500004057. USRNo. ,,22 date: I 12022 CDL PR

HIGH COURT - DATED:3011212022 COMMON ORDER CRL.P.No.9384 of 2022 ALONG WITH I.A.Nos. I ald2 ()F 21t22 \ 1 HE sTA [ 6 FEt 2023 \i ALLO\\'INC THE CRII\IINAL PETITION ?r,:-a'

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Memorandum of Criminal petition (Under Section 48_2 of.Cr.PC) 5r,,{'(. )-)

IN THE HIGH COURT FOR THE STATE OF TELANGANA

ATHYDERABAD - .

'}i, ].." d- J ^--':,. "< Crl.P. No. l Zfy ot ZoZZ IN C. C No: 3681 of 2O2l (On the file of Honourable Addl. Junior Civil Judge Cum XII Addl. Metropolitan Magistrate, Rajendranagar Between:

1.Mr.Mohd Yousuf Uddin S/o Late Naseeruddin Aged about 53 years R/o 6-2861, Meer Bagh colony, Nalgonda.

2. Mrs. Parveen sultana W/o Matheen Ahmed Aged about 35 years R/o 6-2861, Meer Bagh colony,Nalgonda.

3.Mr.Matheen Ahmed S/o late Basheer Uddin Aged about 48 years R/o 6-2861 , Meer Bagh colony, Nalgonda. ... Petitioners / Accusedl,2 & 3AND AND 1.Mrs. Ayesha Begum W/o Mohd Yousuf Uddin, aged about 42years , R I O 12-45 / 2,YNR Colony,Satamrai, Shamshabad, Ranga Reddy Dist.

2. T}re State of Telangala, through SHO, RGI Shamshabad Police Station, i Police Station, Cyberabad, rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad. ... Respondent/Defacto Complair JOINT MEMO FILED BY THE BOTH PARTIES It is submitted that the Petitioners/Accusedl, 2 &,3 and the Respondent No.2/Defacto petitioner were compromised before the

elders & well-wishers, and /petitioner have r10 objections to quashing the proceedings in C.C No: 3681 12021 , for the offences U/Sec.498-A, anrl Section 3 & 4 of D.P Act pending on the file of Addl. Junior Civil Judge Cum XII Addl. Metropolitan Magistrate, Rajendranagar in the interest of justice.

W COUNSEL R T]{E PETITIONtrRS PETITIO /ACCUSED NO.1 g_x..

PETITIONER/ACCUSED NO.2 PETITI R/ACCUSED NO.3 COUNSELFORTHE 2ND RESPONDENT RES NDENT N \ Hyderabad Dated: fr.W.2o22