ARSHAD AYUB v. YEGNAPRIYA BHARATH,
Court: High Court for State of Telangana
Bench: T.MADHAVI DEVI
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-01-04. ARSHAD AYUB v. YEGNAPRIYA BHARATH,. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *',i,8+1"',i11lBli'#ffiJ^i,i,4[,$*' PRESENT THE HONOURABLE SMT JUSTICE T. MADHAVI DEVI I. A. NOs. 5AN D60F 2023 IN/AND CRIM INAL P ETITION NO:12 839 0F 2023 Between: 1' Arshad Ayub, s/o. Mohd-. Ali, aged 63 years, occupation Business, Ftat No. 42, resir,ent Fair View Apartme-nts, of R;il N; 7,"tr,"r, 2. IMADUDDIN Hi[s, Hyderabad. FARooOi, sl". n"""iriiir;;;"; Rr/o. Ftat r,ro. nz, raiivrewepartmentslH*o,ni"]r,oJ,ifjril]rrjrrr"rr"lii" 3. ASGHER,AHMED.. wro. r. raseeruJ;i; il;J:& 78 years, FairViewApartments,RoaJ-r,r-o-. ;';;il;ffi R:/o. Ftat No. A2. ":tiourrouo. ... PETITIONERS/ACCUSED AND No. 1,2 & 4 1. Yegnapriya Bharath, D/o. late S. y. Govindarai ffi*T,:? , *ffi? t ^8"s, ;l#lti*,r:qi",$*#ffii[,ii l;i':*",i^g';:1";"::*k'g"il'ant, i:q? "J::l nyo rr"t Vaayu Towers, No 1005 B, Ja, Lower Tank brrJ n""ojri;r#il, Hyderabad _ 80. ... RESPONDENT NO.
1/DEFACTO-COMPLAINANT 2' The state of rerangana, through porice station Miyapur, represented cyberabad by its pubtic proselutor, District. Hish a;; for. nu Strtu of Tetangena. ... RESPONDENT No. ZCOMpLAINANT Petition under section of cr. p. c praying that stated in the -482 in the circumstances Memorandrm crouno" c"ri#,ili'p9! itio. n,..! tre be pteased . or High Court to euash may ttre Crimina'i' "i ;;;#;,rg. Petitioner/Accused initiated asainst No. 1. z. ^ rno + rhe t"i"ii in'bl. llio. cs1 of 2017 on the fite or il! llr",itan [:::'ifl,. i.. il1':i -',[:irjiiis;-;,,-v'ii"Aio," rr,nagis;;t",'-d. i,g" I. A. NO:3OF 2023 Petition under Section ot cr. p. C praying that stated in the -482 in the circumstances Memorandrl be pteased 9i",,"0" the to order "i uign court. may stay of ail trrfi'". "ic"ri#li]i,pet*ion, prJ""""a-'ill. No. 491 of 2017 on the ". a file of Principar Junior civir Judge-cum-Vilr Addr. Metroporitan Magistrate, Ranga R_eddy District at Kukatparv; peioin!
di"il;i;; th; above criminar petition; pass and l. A. NO:5OF 2023 Between: ,fii: RlJ if i :d*!! i! 1. ',,,,. ^tX"". -LHi:: Ft:31fii"3l^; ffiiff.. l"d Avanthi Nagar, Basheerbagh, xyoeraoJ--'i'o,oig, ,. pr". "nted by his Power of Attornev soeciar Horder s-uresh-'rii vo. L#ir]-c. r. ru"ir, aged about 52 years, roos e, J;ilil; r1*"'", l;;:iiJ"r, i,,i fl:;$H:;X. T:ff111No h'""0, -.. PETIT|ONER/RESPONDENT _ No. i/ DEFACTO-COMPLATNANT IN IA 5 & 6 AND '1. Arshad Ayub, S/o. I\4otld, Ali, aOed years, Occupation Business, ! 3 resident of Flat No. A2, Fair View Apartme-nts, nolJ flo. Z, Srn;ir" frlfi. , ,G;;b; 2. tMADUDDtTv rnno. o-oi, slo. i"ooiuJjin'-iarooqi, aged about 54 years, R/o. Ftat No. A2, Fair Viewepartments, nora'r. io. z,E""rIL-niri. llira,Jr"il"r. 3' ASG H E R r AH M ED,, wo. NiseeruJ;il ilil ;;; ;,' rJ". 'riJ=i ii". nz, Fair View Apartments, Road No. z, a;njrr; "s;J;ii ;iits, Hyderabad. 4. The State of Tetangana, through potice Station ,ry;rTi. E? |"?
iltJ District, represented uv iti pruriJpro. ]. "-r-tor, high court for ths state Telangana. of Petition under section 0t praying that in stated in . 4g2 . cr. p. c the circumstances the Memorandum of Ground" of Cri,linlf petition, the High Court be preased preased may to. perlit tt'" p"ti,on"ii Respondent No. 1 /Defacto-comprainant and Resoondenupetitionerrnccu-se; to fire the compromise petition in the above Criminat petition_t" U/s. 406, 4Og, 415, 464, 468, 470, 421, r/w. 420, 5-06 tpC,"orporffih";fi"". "s the compromise and the proceedings euash asainst ttre neiponoei,llTpltit,J"Lvnccused "noin"rJO,';;il in c. c. 2017 on the fire principar No. 49r of of li"i"i-cirir Jroli-"r. -v, Addr. Magistrate, Ranga "r= Metroporitan Reddy Oiitri"i "t'irf"ip"frv. l. A. NO: 60F 2023 Petition under sec-tion 0f -c praying that in the stated in . 4g2 . cr. p circurnstances the Memorandum of Ground.
cri'iirli petition, the High court be pleased to record may the compromise "i and Ouisn tne proceedings against Respondenupetitioner/Accused' the in c. c. rv". as1-oizor5 on the fiie oiprincipar Junior civit Judge-cum-Vilr Addr. r'rlti"p"rit"" rilIgistrate, Ranga Reddy at Kukatpally. District These Petitions coglO hearing,. upon perusing the Memorandum Grounds of criminar petition ^o1,for of and upon n. Iiing thu arguments of Adnan Mahmood, Advocate sri. Zeeshan to,. *,. ir"iitioilr. "in'bnLp and Respondents to 3 in r'A'No's No. 1 & 6 ot 2023,. pubri" pr;;;;;i;'r; beharf of the Respondent in cRLp and Respondent No. 2 No. 4 i. i. e. r. r"li'[ 6"oi zozs and of sri. s. pushkar for the Responde"i r,r.. i ii cnip and petitioner 31! ;! i. -cate in r. e. ruo. s a The Court made the following: COMMON ORDER TIIE HON'BLE SMT. JUSTICE T. MADHAVI DEVI I. A. Nos. S and 6 of 2023 in/and CRIMINAL PETITION No.
12839 of 2023 COMMON ORDER: It is submitted by learned counsel appearing for the petitioners as well as the respondent No. l, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I. A. Nos. 5 and 6 of 2023 have been filed to record the compromise between them and to compound the offences. 2. Vide order dated 27. 12. 2023, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report. 3. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal 0 \ Services Committee, has identified the parties and submitted a report, dated29. 12. 2023 and the same is placed on record TMI). J ;i Crl. P No | 28J9 ot 2023 4. In view of the above, I. A. Nos. 5 and 6 of 2023 are allowed.
Consequently, this Criminal Petition is allowed and the proceedings in C. C. No. 491 of 2017 on the file of the Principal Junior Civil Judge-cum-VIII Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally against the petitioners/accused Nos. l, 2 and 4 are hereby quashed subject to their paying an amount of Rs. 5,000/- (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c. No. 52188926219, State Bank of India, Shantinagar Branch (20070), IFSC Code :SBIN0020070, MICR No. 500004057) and Rs. 5,000/- (Rupees Five Thousand Only) to the Telangana High Court Advocates Association, Hyderabad, within a period of two (02) weeks from today and file proof of the same before the Registry. Miscellaneous applications, if any pending, shall stand closed. SD/. P. PADMANABHA REDDY ASSISTANT ts R //TRLlE coPY// SECTION OFFICER To, 1. The Principal Junior Civil Judge-cum-Vlll Additional Metropolitan Magistrate, Kukatpally, R. R. District. 2.
The lX Metropolitan Magistrate, Kukatpally, at Miyapur, Cyberabad. 3. The Station House Officer, Police Station Miyapur, Cyberabad District. 4. One CC to Sri. Zeeshan Adnan Mahmood, Advocate tOpUCI. 5. One CC to Sri. S. Pushkar Jaiswal, Advocate tOpUCI * 6. Two CCs public to pro secutor, High Court for the State HyderabadtOUTI of Telangana at 7. Two CD Copies. ' Jak Along with a copy of Joint Memo of Compromise NOTE: Amount paid by SRl. ZEESHAN ADNAN MAHMOOD, Counset for the Petitioner towards costs of Rs. 5,000/- (Rupees Five thousand onry) directed by the Hon,bte Court, dated 04_01_2024 to the Director, Sainik Welfare, Hyderabad (Savings A/c. No. S21g8926279, State Bank of tndia, Shantinagar Branch (20070), ,FSC Code: SB,N002OO7O, M. CR NO. SOOOO4OST and an amount of Rs'5'000/-and fired Memo of proof of compriance USR. No. 742g ot 2024 dated: 254 1 _2024. NOTE: Amount paid by SRt. ZEESHAN ADNAN MAHMOOD,, Counset for the Petitioner towards Costs of Rs.
5,000/- (Rupees Five thousand only) directed by the Hon'bre court, dated 04-01-2024 to the Terangana High court Advocates Association, Hyderabad and an amount of Rs. S,000/_ and filed Memo of proof of Compliance USR. No. 7429 o f 2024 dated: ZSJ;1_2024. N)h,z,- It HIGH COURT I I DATED;0410112024 , COMMON ORDER 1 $E SIA fa t l. A. NOs. S AND 6 OF 2023 IN/AND 2024 i $1 FEB CRLP. No. 12839 of 2023 * t,r l-. :- . '- ' CRIMINLA PETITION IS ALLOWED .. \ \ {' \ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I. A. No. of 2023 ln Crl. P. No ol 2023 )2tJl Between: YEGNAPRIYA BHARATH, Daughter of late S'Y' Govindarajan, aged about 58 years, Occupation: Govt' District, Servant, C/o. I. R. D. A. I. , Financial Nagar, Nanakramguda, R/o. Plot No. 39, Avanthi Basheerbagh, Hyderabad - 5O0O29, represented by his Special Power of Attorney Holder Suresh Nair, S/o'Late P. G. K. Nair, aged about 52 years, Occ: Govt' Servant, R/o. Flat No.
1OO5 B, Jal Vaay: Towers, l'ower Tank Bund Road, Indira Park, HYderabad 80. - Defacto-Complainant ... Petitioner/ Respondent No. 1/ AND lJi, aged 63 years, I ARSHAD AYUB son of Mohd. of Flat No' A2, Fair Occupation: Business, resident 7, Hills, View Apartments, Road No. Banjara Hyderabad. Farooqt, 2 IMADUDDIN FAROOQI, S/o. Raoofuddin No'A2, Fair View aged about 54 years, R/o. Flat Hyderabad' Apartments, Road No. 7, Banjara IJills, Ahmed aged78 3 ASGHERI AHMED, W/o'Naseeruddin Road years, R/o. FIat No. A2, Fair View Apartments, No. 7, Banjara Hills, HYderabad. No'1,2 & 4 .. Respondents/ Petitioners/Accused through Police Station 4 THE STATE OF TELANGANA, by its Miyapur, Cyberabad District, represented State of Public Prosecutor, High Court for the Telangana. No'2/ Complainant ... Respondent/ Respondent ,. . t N. [ MEMO JOINT T PONDEN ND THE ACcus ED A ITIONER IT THE PET RM IN c. c. To m oFFEN cES MPOUN D TO -coM E. D AC TO CIVIL No. 1 roR CIPAL OF THEFI LE 20 1 70N 49 1 OF No.
RA NGA REDDY IST POLITAN M ADDL. c KUKAT DISTRI CT AT YOUR LORDSHIP' PLEASE MAY IT District' Cyberabad Miyapur' to the P'S' that according IX It is submitted 1. from the l'earned Complaint ptit'"t" t"ft""d received they No' 1/ Defacto " from the Respondent Cyberabad l'f"gi"tt"tt' 2 & No'1' Metropolitan Accused / the Petitioners against o" Of OA'ZOf5 Complainant 4 herein and others' **01"::^t; of the said referred rhat on receipt 2 I"::::TJffil: registerec District' Cyberabad Miyapur' herern *. = the Petitioners/Accused " p'r'n No'+sslllo" "*""'=t t *' and issued 47 O' 47 l' | 4 I 5' 42O' 464' 46a' U) s +OO' 409' offences for the alleged 506 IPC.
of 2Ol7 was frled on e C-C- No'491 vid that a Chargesheel at 3 It is submitted KukatPallY, Magistrate' litan IX MetroPo Hon'ble of the the fr le the case was ttrat thereafter submitted It is Cyberabad' MiyaPur, Addl' MetroPolitan dge-cum-Vlll Civil Ju Junior to PrinciPal transferred KukatPa'llY Dist' at ReddY Ranga Magistrate, who Indian cricketer a former rein is No't he Accused / t the Petitioner 1987 to 4. Tha from ne DaY Internationals and 32 O 13 Test matches plaYed in Indian Cricket for the the manager became 2OlO' he In January t997 cuP 2015 in esh and for the world series held in Banglad for the the team That of HCA' president the former He is Australia. J n' /, /\ roots having families from respectable hails herein Accused Petitioners / of the society' for the betterment *o'U'tg O""t' and have in the society B'K' M/s' that one ::::::H:J".
Hji; 5 It submitted ""1:"1 No' 1 herer by the Petitioner represented dated which is of Attorney Power General cum agt"t*"ttt ofirce of Development of 2OO5 of the No' 1861 Asreement t7. O2. 2oo5,registered "" '"t"""t District; as Registrar' I] :""ton-ent Joint sub registered ";;;";" dated 31'03'2007' ;'";;torney R'R' cum General Sub Registrar' the Joint "*"t ti tnt oin"" ot No'l'+6r8lzlo' of Attorney Document Power cum General o*t""*""t (iii) Developml"t Acres 3-34 District; of land for t*'O"ittpt^ent . admeasuring at Maktha dated 30'06'20o7 37-A' situated 37 and tO' 35' 36' *""'''*' in Survey Ranga Guntas and Municipality' Manda S]tfite^t"p"11y Village' Mahboobpet District ReddY cum Agreement DeveloPment of the the terms that submitted area together 6. It is the total constructed of 38. 57o and Power of AttorneY' be owned General d was to of lan share undivided and with corresPonding Pishoria Singh Trilok Sardar owners narnelY bY the land area was possessed total constructed of the 61.
57o baiance Kaur and the Sadhala Estates' Oakwo od with B'K' vested to be the said Agreement' DeveloPment to the pursuant that herern submitted No'1 7 It is Petidoner nted bY the rePres: Estates' Oakwood M/ s. B. K. SerilingamPallY al Commissioner' MunlcrP from the obtained sanction Proceedings vide District ReddY Ranga constructlng MuniciPalitY, for 31 . 03. 2OO7 dated 07, UPPer and No. GlB27lBPls95l2o Ground cellars' of two consisting aPartments , residential sn61 6smmenced as 'SkY CitY named was to be which comPlex Fioors, thereon' construcdon t M/s' 8 It is submitted that in terms of the Development Agreement the said Petitioner No' t herein and the B. K. Oakwood Estates, represented by the themselves the residential Land Owners had demarcated and allotted writing on reduced into parking spaces and the same was flats/ t2. o2. 2008. g. ItissubmittedthattheRespondentNo.
l/DefactoComplainantherern the in respect of about the title etc'' after having satished herself into an Agreement of Sale on O6'04'2O13 proposed project, had entered for purchasing Flat No'4O6, on the Fourth Floor' Block A (1) in the buitding complex known as 'Sky Ci[r" admeasuring 1795 Sq' Feet (including common area) and two Car Parking Spaces along with an undivided share of land admeasuring 57 Sq' Yards' for a tota'l sale consideration of Rs. 4 1,69,683/ -' lo. ItissubmittedthatinpursuanceofthesaidAgreementtheRespondent No. 1/ Defacto Complainant is due for a sum of Rs'6'29'5OO/-' ll. ttisSubmittedtlratwhilematterStoodthus,disputesarosebetweenthe parties and the said Flat has not been registered in favour of the Respondent No. 1 Complainant' /Defacto 12.
Itissubmittedthatwhilethingsstoodthus,thePetitioners/Accused herein came to know that, the Respondent No'l/Defacto complainant them wherein an FIR was has filed a Complaint on 01'08'2O15 against by the herein and others Petitioners/Accused registered against F'I'R'No'495 of 2015 dated 01'08'2015 for Respondent No. 2 herein vide 468' 47O' 47l' r/w' 4Og,415,42O' 464' the alleged'offences U/s. 406, 506 IPC. i. e. , the Petitioner No. 2 13. It is submitted that the other Petitioners heretn of Compromise entered & 3 herein could not sign the Memorandum /"-'-! v" A'- N i '-fl? {<r\ ,,/ herein due to the Defacto Complainant between the Petitioner No' 1 and signing Joint Mdmo filed before non-availability and as such thcy are the this Hon'ble Court. and of elders' weil-wishers the intervention 14. It is submitted that on Accused herein and the Respondent friends, the Petitioners / Court have settled their disputes out of No.
I / Defacto- Complainant herewith of Compromise is also hled amicably for which a Memorandum likelihood of any further litigation' and as such there is no herein and the Defacto that the Petitioner No' 1 15. It is submitted dated of Compromise into a Memorandum Complainant entered terms and conditions parties thereto on certain O1. O2. 2O23 wherein the No' 1 by the Petitioner Estates' represented i. e. , that M/s. Oakwood Block No'A in the Fourth Floor' Flat No'406' on herein, would register 1795 Sq' Feet the building complex known as Sky City" admeasuring spaces along with an and two Car Parking (including common area) undividedshareoflandadmeasuringSTsq'Yards'situatedatMaktha Municipality' Ranga Mandal and Mahboobpet Village, Serilingampally on receipt of a sum Defacto Complainant Reddy District in favour of the and the Defacto - (being SOoh of the amount due) of Rs. 3, 14,750/ the Criminal Case filed would take steps to withdraw Complainant Petitioners herein i. e.
, the partners (both present and against the as C'C 2015' subsequently numbered erstwhile) being Crime No' 495 of on the hle of the Hon'ble Principal Junior Civil of 2Ol7 pending . No. 491 District at Ranga Reddy Addl' Metropolitan Magistrate' Judge-cum-VIII the Petitioners if any' and similarly Kukatpally and other complaints Defacto famation cases hled by it against the would drop the de Complainant. No' I / Defacto-Complainant Therefore, the Petitioner/ Respondent praYs this Honorable Court and the Respondent/ Petitioner/ Accused herein A ,ltN N 42O 464' 468' offences U/s'4O6' 4Og' 415' ' to perrnit them to compound the the and Quash the compromise thereby record 506 IPC and 47O,471,r/w.
2ol7 on the file Accused in C'C No'491 of proceedings against the Petitioner/ Ranga Civil Judge-cum-VIII Addl' Metropolitan Magistrate' of Principal Junior as this order or orders pass such other at Kukatpally; and Reddy District of justice' in the interest Hon'ble Court deems flt and proper No 2 Pe n er/Accused c sed No. 1 Petitioner/A ) No' 1 De-facto Respondent / used No. 4 Petitioner lA ComPlainant ( ( ,) No. 1/De- Respondent Counsel for Accused Counsel for Petitioners/ facto ComPlainant Place: HYderabad oat , lo(t112/
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