Telangana High Court
Nisar Ahmed Khan vs The State Of Telangana on 31 July, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
I.A.Nos. 3 AND 4 OF 2025
In/And
CRIMINAL PETITION No. 6411 OF 2025
COMMON ORDER
This Criminal Petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), seeking
quashment of the proceedings against the petitioners in Crime No. 280 of
2024 of Madannapet Police Station, Hyderabad.
2. The petitioners are arrayed as accused Nos.1 to 3 in the Crime
registered for the offences punishable under Sections 109(1), 351(2) read
with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’),
Sections 25(1B)(b), 27(2) of the Arms Act, 1959.
3. Heard Ms. Saman Aafreen, learned counsel for the petitioners,
Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor,
representing respondent No.1-State and Mr.Syed Jaweed Abbas
Nadeem, learned counsel for respondent No.2/de-facto complainant.
4. Pending this petition, the parties have entered into the compromise
and, accordingly, they moved I.A.Nos.3 and 4 of 2025 with the prayer to
permit them to enter into compromise and by recording the settlement to
quash the proceedings against the petitioners/accused Nos.1 to 3 in
Crime No. 280 of 2024.
2 NTR,J
I.A.Nos. 3 and 4 of 2025 in/and
Crl.P.No. 6411 of 2025
5. This Court vide orders dated 16.06.2025 referred the parties to the
High Court Legal Services Committee for identification and to verify the
voluntariness in arriving the settlement. The Secretary, High Court Legal
Services Committee, has submitted report dated 20.06.2025 stating that
the parties were identified by their respective counsel and also on
verification of Aadhar Cards/Identity Cards and the enquiries revealed
that the parties have willfully and without coercion entered into
settlement/compromise.
6. I have considered the submissions of the learned counsel and
perused the materials on record.
7. As per the prosecution, the petitioners attacked respondent No.2 /
de facto complainant and his relative, beat with hands and suddenly
attacked with dragger and knife which resulted in blood injuries. As per
the Doctor, respondent No.2/de facto complainant received blood injuries
on his right arm and shoulder.
8. Having regard to the gravity of offences committed by the
petitioners/accused Nos.1 to 3 and the amicable settlement between the
parties before the Legal Services Committee and the settled propositions
3 NTR,J
I.A.Nos. 3 and 4 of 2025 in/and
Crl.P.No. 6411 of 2025
in Gian Singh v. State of Punjab and another 1; Anil Mishra v. State
of U.P. 2; State of Madhya Pradesh v. Laxmi Narayan and others 3 and
Parbatbhai Aahir Alias Parbatbhai Bhimsinhbhai Karmur and others
v. State of Gujarat and another 4, this Court is of the considered view
that quashment of the impugned proceedings in view of the settlement by
exercising jurisdiction under Section 482 Cr.P.C./528 of BNSS, 2023,
would be in the interest of justice.
9. Accordingly, I.A.Nos.3 and 4 of 2025 are allowed. Consequently,
all proceedings in Crime No. 280 of 2024 of Madannapet Police Station,
Hyderabad, are hereby quashed against the petitioners/accused Nos.
1 to 3.
10. In the above terms, the Criminal Petition is allowed.
Pending miscellaneous applications, if any, shall stand closed.
_______________
N.TUKARAMJI, J
Date: 31.07.2025
svl
1
2012 (10) SCC 303
2
2024 INSC 189
3
2019 (5) SCC 688
4
(2017) 9 SCC 641