Mohd. Aziz Ur Rahman v. State Of Telangana And Another

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO I.A.Nos.2 and 3 of 2018 in/and Criminal Petition No.9307 of 2018 ORDER :

The petition I.A.No.3 of 2018 is dismissed as infructuous as the petitioner-Asra Ayesha, is already impleaded. The 3rd respondent (Asra Ayesha) is the victim. Her mother-2nd respondent is the defacto-complainant in the private complaint filed against the accused by the defacto-complainant which referred to police covered by Cr.No.8 of 2014 and PRC No.38 of 2016 on the file of the VI Addl.Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under sections 363, 376, 341, 384, 307, 468, 406, 420, 448, 506 and 120-B read with 34 IPC against 6 accused but only charged so far as the petitioner/ accused and not others.

It is stated that the petitioner/ accused already married the 3rd respondent-victim and she is major now aged 22 years though minor on the date of reporting in 2014 and the marriage was performed earlier and the same is confirmed by marriage certificate issued by the Telangana State Wakf board, dt.02.11.2018. A photostat copy of the Transfer Certificate(TC) filed showing her age as 22 years from born in 1996 and the defacto-complainant also states that under certain circumstances, the report was given and now sought permission vide I.A.No.2 of 2018 to compromise the matter.

Having regard to the above, I.A.Nos.2 and 3 of 2018 are allowed. Consequently, the Criminal Petition is also allowed quashing the proceedings in Cr.No.8 of 2014 and PRC No.38 of 2016 on the file of the VI Addl.Chief Metropolitan Magistrate, Hyderabad against the petitioner

and he is acquitted. His bail bonds shall stand cancelled. Pending miscellaneous petitions, if any, shall stand closed. _________________________ Dr. B.SIVA SANKARA RAO J, Date:06.11.2018 vvr