Ma Razak vs State Of Telangana

This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.16469 of 2019, on the file of VIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The petitioners herein are accused Nos.1 to 7 in the said case. The offences alleged against the petitioners herein are under Sections 323, 448, 506, 509 of I.P.C read with 34 I.P.C.

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

During the pendency of the present Criminal Petition, the parties have compromised the matter and, accordingly, respondent No.2-de facto complainant filed I.A.Nos.2 and 3 of 2022 to permit them to compound the offences and to compromise the case.

Vide order dated 28.11.2022, this Court, after recording the submissions made by the learned counsel for the petitioners as well as respondent No.2, directed the parties to appear before the Secretary, Telangana High Court Legal Services Committee, Hyderabad, for their identification and also directed the Secretary to submit a report by 08.12.2022. In compliance with the said order, the Secretary has submitted his report, on 07.12.2022.

In the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, it is stated that in obedience of the orders dated 28.11.2022, the petitioners and the 2nd 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.

The parties herein have filed a joint memo of compromise stating that they have agreed among themselves to compromise and resolve all the disputes, they have settled the disputes between them amicably and 2nd 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.

In view of the said report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad and also in view of the compromise entered between the petitioners and respondent No.2, I.A.Nos.2 and 3 of 2022 are allowed. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.16469 of 2019, on the file of VIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, against the petitioners-Accused Nos.1 to 7 are hereby quashed, petitioners have undertaken to pay an amount of Rs.10,000/-(Rupees Ten Thousand Only) in favour of Director, Sainik Welfare, Hyderabad, (Savings A/c.No. 52188926279, State Bank of India, Shantinagar Branch & 20070, IFSC Code: SBIN0020070, 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.