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MIR ASHFAQ ALI KHAN v. State of Telangana

Court: High Court for State of Telangana

Bench: JUVVADI SRIDEVI

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2024-12-12. MIR ASHFAQ ALI KHAN v. State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

32s7 ] [ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWELFTH DAY OF DECEIVIBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI l. A. NO: 2 AND 3 OF 2021 -'IN/AND CRIMINAL PETITION NO: 966 OF 2021 Between: 1 IViir Ashfaq Ali Khan, S/o. Late Mir Riyasat Ali Khan, aged about 41 years, Occ. Business, R/o. H. No. 22-7-539, It/lir AIam lr4andi, Hyderabad, T. S. 2 Mir Ashraf Ali Khan, S/o. Late Mir Riyasat Ali Khan, aged about 36 years, Occ. Business, H. No. 22-7-539, Mir Alam Mandi, Hyderabad T. S. , ... PETITIONERS/ACCUSED AND 1. State of Telangana, Rep. by its Public Prosecutor, High Court, Hyderabad. 2. The Station House Officer, P. S. Mir Chowk, Hyderabad. 3. Mir Qasim AIi Khan Najju, @ S/o. Late Mir Abid Ali Khan, aged about 27 years, Occ. Service, R/o. H. No. 22-3-126, Ivlata Ki Khidki, Dabeerpura, Hyderabad, T. S. ... RESPONDENTS/COMPLAINANTS Petition under Section 482 of Cr. P.

C praying that in the circumstances stated in the l\4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the CC No. 6655/2019 under Sections 341 ,296,504 and 506 IPC pending on the file of Vlll Addl. Chief lriletropolitan Magistrate, Hyderabad. l. A. NO: 2OF 2021 Between: lvlir Qasim Ali Khan Najju, S/o. Late Mir Abid Ali Khan, aged about 27 @ years, Occ. Service, R/o. H. No. 22-3-126, Mata Ki Khidki, Dabeerpura, Hyderabad, T. S. ... PETITIONER/ 3. d RESPONDENT AND '1 . Mir Ashfaq Ali Khan, S/o. Late Mir Riyasat Ali Khan, aged about 41 years, Occ. Business, R/o. H. No. 22-7-539, Mir Alam Mandi, Hyderabad, T. S. 2. [V1ir Ashraf Ali Khan, S/o. Late Mir Riyasat Ali Khan, aged about 36 years, Occ. Business, H. No. 22-7-539, Mir Alam Mandi, Hyderabad, T. S. , ... RESPONDENTS/PETITIONERS 3. State of Telangana, Rep. by its Public Prosecutor, High Court, Hyderabad. 4. The Station House Officer, P S. Mir Chowk, Hyderabad. ...

RESPONDENTS/RESPONDENTS Petition under Section 320 (6) of Cr,P. C praying that in the circumstances stated in the lVtemorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compound the offence Registered against the Accused in FIR no. 56 of 2019 of P. S. Mir Chowk Hyderabqd for the offence U/s. 341,296,504,506, IPC & 156 (3) Cr P. C. which is Pending now CC No. 6655 of 2019 on the file of Vlll Addl C tt/. M. Court Hyderabad. l. A. NO: 3 OF 2021 Petition under Section 320 (2) of Cr. P. C praying that in the circumstances stated in the lt/emorandum of Grounds of Criminal Petition, the High Court may be pleased to Compromise and quash the Proceeding FIR no-56 of 2019 of Mir Chowk P. S. , Hyderabad for the offence U/s. 341,296,504,506, IPC & 156 (3) Cr P. C. which is Pending now as CC No. 6655 of 2019 on the file of Vlll Addl. C. M. M. Court Hyderabad against the petitioner /accused.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S. J. A. Nadeem, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and of M/s. S. A. Majabeen, Advocate for the Respondent No. 2. The Court made the following: COMMON ORDER ],li: 1. , HON'BLE SMT. JUSTICE JUVYADI SRIDEVI t! ' . ir I. A. Nos. 2 and 3 of 2021 ::. in/and . :i CRIMINAL PETITION No. 966 of 2021 COMMON ORDER: This Criminal Petition is filed under Section 482 of Li,ii : l, :l Cr. P. C. by the petitioners/accused Nos. l and 2 to quash the ,. : ;.. 1 ,', . "r. ri;li _ . ,:: ,. i, ti ii ,i: :i proceedings against them in C. C. No. 6655 of 2019 on the file I rl,ii I ,:i: . ,l ] ], . . '. , a| : :l ': of VIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections34l,296, 504,506 of IPC and Section 156(3) of Cr. P. C. 2.

lt is submitted by learned counsel appearing for the petitioners as well as the respondent No. 3, that during pendenoy of the present Criminal Petition, the parties have compromised the matter and accordingly, LA. Nos. 2 and 3 of 2021 have been flled to record the compromise between them and to compound the offences. { { 3. Vide order dated 04. 12. 2024, this Courl directed the parties along with their respective counsel to appear before the Secretary, lligh Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for. identification and to submit a report. 4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Courr Legal Serviccs Committee, has identified the parties and submitted a report,, dated 05. 1 2. 2024 and the same is placed on record. 5. In view o1 the above, I. A. Nos. 2 and 3 of 2027 arc allowed.

Consequently, this Criminal Petition is allowed and the proceedings against the petitioners/accused Nos. I and 2 in C. C. No. 6655 of 2019 on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed. Miscellancous applications, if any penditrg, shall stand closed. Sd/. T. JAYASREE ASSISTANT . REGISTRAR //TRUE COPY// SECTION OFFICER \ To, 1 The Vlll Additional Chief [\4etropolitan Magistrate, Hyderabad. 2 The Station House Officer, Mir Chowk Police Station' Hyderabad. High Court for the 3 The Secretary, High Court Legal Services Committee, State of Telangana, Hyderabad. 4 Two CCs to th; Publi-c Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] 4 Ohe CC to Sri S. J. A. Nadeem, Advocate [OPUC] c) One CC to M/s S A. lVlajabeen, Advocate [OPUC] 7 Two CD Copies (Along with a copy of Joint Memo of Compromise) HIGH COURT DATED: 1211212024 I -ri{ E S }4 Y t:''.. ( o ,J 7 JAll 2C25 CI COMMON ORDER * l. A. NO: 2 and 3 of 2021 ?

4'ti \ ta' in/and GRLP. No. 966 of 2021 ALLOWING THE CRIMINAL PETITION i HY? E R4P1Dq, b Ar ", 2-l ltl CRL. P. No. of 70 lb/- Between: 1 MIRASHFAQALI KHAN S/o. LATE MIR RIYASAT ALI KHAN, aged about 41 years, occ: Business, R/o. H. No. 22-7-539, Mir Alam Mandl, Hyderabad, T. S. , 2 MIRASHRAFALI KHAN S/o. LATE MIR RIYASATALI KHAN, aged about 36 years, Occ: Business, R/o. H. No. 22-7-539, Mir Alam Mandi, Hyderabad, T. S. , ... Petitioners/Accused AND 1 State of Telangana, Rep. by its Public Prosecutor, High Court, Hyderabad. 2 The Station House Officer, ( P. S. Mir Chowk, Hyderabad 3 MIR QASIM ALI KHAN @ NA]]U S/o. LATE MIR ABID ALI KHAN, aged about 27 years, Occ: Service, I R/o. H. No. 22-3-126, Mata Ki Khidki, Dabeerpura, Hyderabad, T. S. r ... Respondents/Complainants i JOINT MEMO FILED BY THE PETITIONERS AND 3RD RESPONDENT 1. I am the 3'd Respondent herein and I am well aware of the facts of the case. 2 I filed the private complaint before Hon'ble VIII Addl.

Chief Metropolitan Magistrate at Hyderabad and the same being refened to P. S, Mir Chowk was registered as FIR No. 56/2019, against the petitioners, and after filing of the chargesheet by the police the same is pending as C. C. No. 665512019 on the file of Hon'ble WII Addl. C. M. M- at Hvderabad. /l 3 r: ii subinrtt:d that the deponont and petitioners . were advi\. rvel wishers to settle the mutual issues and to withdraw th! complaints / cases filed by them against each other i. e. between. . 1 The petitioners and 3td respondent and others. - 4 The petitioners and 3d respondent and others and they have agreed to live in peace and to withdraw the compraints and as such seek the intervention of this HonUe Court for quashing the FIRs and CC. It is submitted that it is purely a private litigation between the perties, petitioners and the 3d Respondent and there is no pubric interest or any other aspect involving offence against public with the t, same.

It is an offence which can be guashed by this Honble Court since the parties have compromised between themserves. The Honble Supreme Court has upheld such a powir of this Hon,ble Court to quash FlR/Chargeshee! where both the parties have arrived at a compromise and there is no offence against the society involved. 5 The petitioners submit that the matter between them and the respondent No. 3 was setfled amicably. The petitioners submits that the Honbre court is fuily empolvered to exercise its discretion to invoke section 492 of Cr. p. C. and requires the above CC and Crime to be quashed in the circumstances of the case and in the interest of justice Contd. ,3. \W That in view of the above compromise, this Honble Court may be pleased to quash the C. C. No. 6655/2019 on the file of llon'ble VIII Addl. C. |Y. M. Court, Hyderabad, for the offence under sections 341, r; 296,504 and 506 IPC.

Therefore in view of the above amicabie settlement, this Hon'ble F Court may be pleased to quash the proceedings in C. C. No. 6655/2019 on the file of Honble VIII Addl. C. M. M. Court Hyderabad for the offence U/Sections 347,296,504 and 506 of IPC against the Petitioners/Accused No. 1 and 2 in the circumstances of I the case and in the interest of justice. Hence this loint Memo. Place: Hyderabad Date:--] 2020 1. l K Counsel rs / Accused Coun ent No. 3 v1 2 Petitioners / Accused dent No. 3

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.