Hamed Bin Mohammed Al Abusani v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY,THE TWENTY NINTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR CRIMINAL PETITION NO: 2788 0F 2018 Between:
1. Hamed Bin Mohammed Alabusani N o.1 9-2-27 I N 43, Phoolbagh,Shahalibanda, Hyderabad. llyas Bin Haid, R/o. 1 9-2-27 I N 43,Phoolbagh,Shahalibanda,Hyderabad. 2.
Mona Fatima, No.1 9-2-27 I Al43,Phoolbagh,Shahalibanda,Hyderabad. 3.
...PETITIONERS/ACCUSED Nos. I to 3 AND The State of Telangana, Rep.by its Public Prosecutor, High Court at Hyderabad. 1.
.. Respondent No. 1 / Complainant Fatima Akbar, N o.1 9-2-261 N 152lB,Phooolbagh,jahanuma,Hyderabad 2.
.,.RESPONDENT/ DEFACTO COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings of C.C.No.290 of 2017 in Crime No.32 of 2017 for the U/Sec. 354(4),323,504,506, IPC against the petitioners on the file of XVI Additional Chief Metropolitan Magistrate Hyderabad against the petitioners herein. l.A. NO: 1 OF 2018 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 Stay all further proceedings in C.C.No.201 in Crime No.32 of 2017 tor the offence Under Section 354(A) 323,504,506, IPC on the file of XVI Additional Chief Metropolitan Magistrate Hyderabad.
l.A. NO:2 &3OF20'18 Fatima Akbar, W/o. Khalid Bin Mohammed Ali Abusani , aged about 27 years, Occ'. cJo.19-2-261N152/8,Phooolbagh,Jahanuma,Hyderabad .. Petitioner / Respondent / Defacto Complainant in both And
1. Hamed Bin Mohammed Alabusani S/o. Mohammad Bin Abdullah Al Abusani Rl o. 1 9 -2-27 I Al 43, P hoo I ba g h,S ha h a I i ba nd a, Hyd e ra bad.
2. llyas Bin Haid S/o. Omer Bin Haid aged about 48 years, Occ Pvt. Service Rl o. 1 9 -2-27 I N 43, Phoo I ba g h,S ha h a I i ba nd a, Hyd era bad.
3. Mona Fatima Wo. Jaffer Al Kafaged about 30 years, Occ: Household Ryo.19-22TlAl43,Phoolbagh,Shahalibanda,Hyderabad. .. Respondents / Petitioners Accused Nos. 1 to 3
4. The State of Telangana, Rep.by its Public Prosecutor, High Court at Hyderabad.
l.A. No. 2 of 2018 :
Petition under Section 320 (2) 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 against the accused No.1 to 3 in C.C.No.290 of 2017 in Crime No.32 ot 2017 for the offences Under Sec. 354(4) 323,504,506,1PC on the file of the XVI Additional Chief Metropolitan Nilagistrate Hyderabad in view of the compromise entered between the petitioner and respondents/ accused 'l to 3 in the interest of justice.
LA. NO: 3 OF 2018 Petition under Section 32O (2) R/w. 482 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 permit the petitioners/2nd respondent/ defacto complainant of compounding the offence under Sections 354(4) 323,504,506,1pC in C.C.No.290 of 2017 on the file of the XVI Addl. C. M. tr/. Hyderabad against the respond ents/Petitio ners I to 3/Accused Nos.1 to 3. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri TOTA TEJESWARA RAo ,Advocate for the Petitioners and the public prosecutor (TG) on behalf of the Respondent No.1 and sri Mohammed Rafiuddin Kaleem, Advocate for the Respondent No.2.
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T. VINOD KUMAR crtminal Petition No 2788 of2 I ORDER:
This Criminal petition is filed under Section 4g2 ofCr.p.C. seeking to quash the proceedings in CC No.29O of 20llon the lile of the XVI Additionat Chief Metropolitan Magistrate, Flydslsfuad, registered on the basis of Crime No.32 of 2O1Z of Shahalibanda Police Station, Hyderabad, for the offences punishable under Sections 3S4_A, 323, SO4 and 506 IpC, wherein the petitioners herein are arrayed as accused Nos.1 to 3.
Today, the matter is listed under the caption ,infructuous matters, and when the matter Js taken up for hearing, learned Additional public prosecutor based on e-court status submits that the de facto complainant and the accused have settled the matter before the Lok Adalat. As a result of the settlement so arrived between the parties before Lok Adalat, the CC No.290 of 2OlZ on the file of the XVI Additional Chief Metropolitan Magistrate, Hyderabad, arising out of Crime No.32o f 2OlZ,was disposed of on 14.07.2018.
In view of the above said submission, no further orders need be passed in the present criminal petition. Accordingly, the criminal petition is closed. However, the petitioners are at liberty to file a petition seeking to reopen the matter, in the event the said cc has not been disposed of by the trial court as noted above. Miscellaneous petitions, if any, pending in this criminal petition sha-ll stand closed.
Sd/. CH. VENKATESHWARLU, ASSISTANT REGISTRAR tu // TRUE COPY // SECTION OFFICER To 1.
2.
3.
The XVI Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. The Station House Officer, Shahalibanda Police Station, Hyderabad. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad.
One CC to SRl. TOTA TEJESWARA RAO Advocate [OPUC] 4.
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Two CD Copies
-7 HIGH COURT TVKJ DATED:2911212020 TA s u tl ,< oiJ 3 0 J,qlt 2i121 r \\ .,/ * *_-;:,:::
ORDER
CRLP.No.2788 of 2018 CLOSING THE CRL.PETITION.
DISPOSING OF THE