Mohammed Abdul Ahad v. The State Telangana
THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.8658 OF 2021 ALONG WITH I.A.NOs.1 AND 2 OF 2021 COMMON ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.9860 of 2021 pending on the file of the XIV Additional Chief Metropolitan Magistrate, at Nampally. The petitioners herein are accused Nos. 1 to 4, 6, 7, 9, 11 to 16 in the said case. The offences alleged against the petitioners herein are under Sections 120(B), 269, 270, 271, 323, 448, 427 and 506 of IPC, Sections 2, 4 and 6 of the Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008 (for short, 'the Act') and Section 3(2) of the Epidemic Disease Act, 1897 and Section 51(B) of the Disaster Management Act, 2005.
2.
Heard Sri K.Siddharth Reddy, learned counsel for the petitioners, and Sri Khaja Vizarath Ali, learned Asst. Public Prosecutor for the State and Sri M.Rusheek Reddy, K.V., learned counsel for the respondent Nos.2 and 3. Perused the record.
3.
During the pendency of the present Criminal Petition, the parties have compromised the matter and, accordingly, respondent Nos.2 and 3 filed I.A.Nos.1 and 2 of 2021 seeking permission to compound the offences and to compromise the case.
4.
Vide order dated 09.03.2022, this Court, after recording the submissions made by the learned counsel for the petitioners as well as respondent Nos.2 and 3, directed the parties to appear before the Secretary, Telangana High Court Legal Services Committee, Hyderabad, for their identification on or before 16.03.2022 and also directed the Secretary to submit a report by 16.03.2022. In compliance with the said order, the Secretary has submitted his report, on 16.03.2022. 5.
In the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, it is stated that the petitioners/A.1 to 4, 6, 7, 9, 11 to A.13, A.15 and A.16 and the respondent Nos.2 and 3 along with their counsel have appeared before him and the petitioner No.11/A.14 could not appear due to his personal inconvenience. It is further stated that on examination and verification of the particulars from the Aadhar Cards of those appeared were tallied. Thus the identification of
the parties except the petitioner No.11/A.14, has been established.
6.
Today Sri K.Siddarth Reddy, learned counsel for the petitioners, filed a memo vide USR No.39383 of 2022, dated 26.04.2022, stating that he is unable to trace out petitioner No.11/A.14 and his whereabouts could not be found and not pressed the criminal petition insofar as the petitioner No.11/A.14.
7.
The parties herein have filed a joint memo of compromise stating that at the intervention of the elders, they have settled the disputes between them amicably and the respondent Nos.2 and 3 have no objection to quash the proceedings against the petitioners herein except the petitioner No.11/A.14 in the above said case. The said joint memo of compromise and the report of the Secretary are placed on record.
8.
In view 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 Nos.2 and 3. I.A.Nos.1 and 2 of 2022 are also partly allowed. Consequently, the Criminal Petition is also partly allowed and the proceedings in C.C.No.9860 of 2021 pending
on the file of the XIV Additional Chief Metropolitan Magistrate, at Nampally against the petitioners herein/A.1 to 4, 6, 7, 9, 11 to 13 and A.15 and A.16 only in the said case, are quashed, subject to payment of an amount of Rs.10,000/-(Rupees Ten Thousand Only) to the Telangana High Court Advocates' Association, Hyderabad, within ten (10) days from today, and file proof of the same into the Registry. With regard to the petitioner No.11/A.14, the criminal petition is dismissed as not pressed.
As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 29.04.2022 Note: Registry is directed to upload/supply certified copy of the order only on deposit of the costs as ordered above.
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