M.Mukaram Ahmed And 5 Others v. The State Of Telangana, Rep By P.P And Another
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9831 OF 2017 Between:
1 . M.Mukaram Ahmed S/o, Mohammed Ahmed, aged 40 years, Occ Pvt. Service, R/o. H. No. 1 6-2 -741 lN 1 I, Asmangadh, New Malakpet, Hyderabad.
2. Mohd. Ahmed, S/o. Mohd. Azam, aged 62 years, Occ Nil, R/o. H.No.17-2981/1, Rain Bazar, Hyderabad.
3. Smt Sayeeda Sultana, Wo. Mohd Ahmed, aged 55 years, Occ Household, R/o. H.No.17-2-981/1, Rain Bazar, Hyderabad.
4. Mohd. Akram, S/o. Mohammed Ahmed, aged 38 years, Occ Business, R/o. H.No.18-8-253/C/87/88, Jamal Colony, Santosh Nagar, Hyderabad.
5. Mohd. Faryaz, S/o. Mohd. Ahmed, aged 32 years, Occ Business, R/o. H.No.17-2-981/1, Rain Bazar, Hyderabad.
6. Smt Afsra Begum, Wo. Mohd. Omer, aged 35 years, Occ Household, R/o. H.No.18-8485, Moinbagh, Edibazar, Hyderabad.
...PETITIONERS/ACCUSED AND 1 . The State of Telangana, rep. by Public Prosecutor, High Court, Hyderabad, through Police Station Malakpet, Hyderabad.
2. Smt Ather Jahan @ Sidra Fatima, Wo. Md. Mukram @ Panvez, aged 35 years, Occ Housewife, R/o. Flat No.40'1, Evergreen Apartments, Asmangadh, Malakpet, Hyderabad.
...RESPONDENTS Petition under Sec.tion 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 call for the records and quash the proceedings in C.C.No.27112017 on the file of the Hon'ble Xlll Additional Chief Metropolitan Magistrate at Hyderabad.
1.A. NO: 1 OF 2017(cR LPMP. NO: 10669 OF 20171 & l.A- NO: 2 OF 2017(CRLPMP. NO: 10758 OF 20171 Between:
Smt Ather Jahan @ Sidra Fatima, Wo. Md. Mukram @ Parvez, aged 35 years, Occ Housewife, R/o. Flat No.401, Evergreen Apartments, Asmangadh, Malakpet, Hyderabad.
.. Petitioner / Respondent No. 2 in both l.A No. '1 &2 of 2017 And
1. M.Mukaram Ahmed S/o. Mohammed Ahmed, aged 40 years, Occ Pvt. Service, R/o. H.No.16-2-7411N18, Asmangadh, New Malakpet, Hyderabad.
2. Mohd. Ahmed, S/o. Mohd. Azam, aged 62 years, Occ Nil, Ri/o. H.No.17-2981/1, Rain Bazar, Hyderabad.
3. Smt Sayeeda Sultana, Wo. Mohd Ahmed, aged 55 years, Occ Household, PJo. H.No.17-2-981/1, Rain Bazar, Hyderabad.
4. Mohd. Akram, S/o- Mohammed Ahmed, aged 38 years, Occ Business, R/o. H.No. 18-8-2531C187188, Jamal Colony, Santosh Nagar, Hyderabad.
5. Mohd. Faryaz, S/o. Mohd. Ahmed, aged 32 years, Occ Business, R/o. H.No.17-2-981/1, Rain Bazar, Hyderabad.
6. Smt Afsra Begum, Wo. Mohd. Omer, aged 35 years, Occ Household, R/o. H. No. 1 8-8-485, Moinbagh, Edibazar, oHYdef i,Xt.,, ;,,:i,:?1"r,#ccused in
7. The State of Telangana, rep. by Public Prosecutor, High Court, Hyderabad, through Police Station Malakpet, Hyderabad. .. Respondent /Respondent 1.A. NO: 1OF 2017(CRLPMP. NO: 10669 OF 2O1 7) Petition under Section 320 ( 6) 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 permit the petitioner file compromise petition in. the above quash petition .
l.A. NO: 2 OF 2017(CRLPMP. NO: 10758 OF 20171 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 record the compromise in the above quash petition. l.A. NO: 3 OF 20'17(CRLPMP. NO: 10759 OF 2017) 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 under C.C.No.27112017 on the file of the Hon'ble Xlll Additional Chief Metropolitan Magistrate at Hyderabad pending disposal of the above criminal petition .
--., This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri MUHAMMAD VEQAR HUSSAIN ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.'l and of sd Mohd. Zafar Moinuddin, Advocate for the Respondent No. 2 The Gourt made the following ORDER
THE HONOURABLE SRI JUSTICE K.SUREI{DER CRIMINAL PETITION No.983l OF 2OLz ORDER:
This Crimina] Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.J by the petitioners/A1 to A6, to quash the proceedings in CC.No.27 1 of 2Ol7 on the file of XIII Additional Chief Metropolitan Magistrate at Hyderabad, lor the offences punishable under Sections 498-A, 324 of the Indian penal Code and Section 3 ard 4 of the Dowry Prohibition Act.
l 2.
Learned Counsel for the petitioners would submit that the parties have entered into compromise and settled their issues. He further submits that the defactO complainant/2"d respondent and 1., petitioner-husband are living together. The other petitioners 2 to 6 live in different localities and they have nothing to do with the marital life of the 2"d respondent and 1.t petitioner/Al. 3.
There are no a-llegations which are leveled against petitioners 2 to 6 in the statement made. However, keeping in view that the t parties have entered into compromise, this Court deems rt \, appropriate to direct the concerned Court to dispose of CC.No.271 of 2077 within three months from the date of this order
Meanwhile, the appearance of the petitioners 2 to 6 is dispensed u,ith in the CC subject to the following directions i) The attendance of the petitioners 2 to 6 is dispensed with in CC.No.271 of 2Ot7 on the file of XIII Additional Chief Metropolitan Magistrate at Hyderabad, when represented by their counsel on record.
ii) The attendance of the petitioners 2 to 6 is dispensed subject to Iiling of an aflidavit by the petitioners 2 to 6 stating that in their absence the proceedings conducted by their counsel will not be disputed by them in any martner and sha,ll not dispute their identity aIso.
iii) However, the petitioners 2 to 6 shall appear before the learned Magistrate as ald when their presence is required. In the event of t1:e petitioners' failure to appear when the Court directs, this order dispensing their attendance shall stand cancelled.
4 .
Accordingly, the Criminal Petition is disposed off. Miscellaneous applications pending, if aly, shall stand clo sed.
Sd/- B. SARASWATHI ASSISTANT REGIS //TRUE COPY// SECTION OFFICER To 1.
2.
3.
The Xlll Additional Chief Metropolitan Magistrate at Hyderabad The Station House Officer , Malakpet Police Station, Hyderabad. Two CCS to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT) One CC to SRl. MUHAMMAD VEQAR HUSSAIN Advocate [OPUC] One CC to Sri MOHD. ZAFAR MOINUDDIN ,
6. Two CD CoPies kul VH Nl
HIGH COURT DATED: 0611112023 ,.iTAT E > q3 rq o N$\ ltts () + l\ ,// * : (tpn.1 .' -- r- --a-:2/
ORDER
CRLP.No.9831 of 2O17 i t DISPOSING OF TI{E CRL.PETITION ((q ) (\ *