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2025 DIGILAW 673 (TS)

Mohd. Qaiser v. Farhana Ghalib alias Farhana Zaman

2025-05-14

NARSING RAO NANDIKONDA

body2025
ORDER : 1. This Criminal Petition is filed seeking the Court to quash the proceedings against the petitioners in Crime No.152 of 2025 of Chaderghat Police Station, Hyderabad, registered for the offences punishable under Sections 316(2), 318(4), 338 and 340(2) of BNS. 2. Heard learned counsel appearing on both sides and learned Additional Public Prosecutor for the State. Perused the record. 3. During the pendency of the present Criminal Petition, the parties have compromised the matter and, accordingly, respondent No.2 filed I.A.Nos.2 and 3 of 2025 to permit to compound the offences and to compromise the case. 4. Vide order dated 01.05.2025, this Court, after recording the submissions made by the learned counsel for the petitioners as well as respondent No.2, directed the parties to appear before the Secretary, Telangana High Court Legal Services Committee, Hyderabad, for their identification and also directed the Secretary to submit a report by 12.05.2025. In compliance with the said order, the Secretary has submitted his report, on 12.05.2025. 5. In the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, it is stated that in obedience of the orders dated 01.05.2025, the petitioners and the respondent No.2 have appeared before him along with their counsel and on examination and verification of their particulars from their Aadhar Cards, they were tallied. Thus the identification of both the parties has been established. 6. The parties herein have filed a joint memo of compromise stating that they have settled the disputes between them amicably and respondent No.2 has no objection to quash the proceedings against the petitioner herein in the above Case. The said joint memo of compromise and the report of the Secretary are placed on record. 7. Further, learned counsel for the petitioner placed reliance on the judgment of the Hon’ble Supreme Court in K. Bharathi Devi and Anr. v. State of Telangana and Anr . 2024 INSC 750 wherein in paragraph Nos.19 and 20, it is held as follows: “19. This Court found that though the offence punishable under Section 420 of the IPC was compoundable under sub-section (2) of Section 320 CrPC with the leave of the Court, the offence of forgery was not included as one of the compoundable offences. However, the Court found that in such cases the principle enunciated in the case of B.S. Joshi and others v. State of Haryana and another should be applied. 20. However, the Court found that in such cases the principle enunciated in the case of B.S. Joshi and others v. State of Haryana and another should be applied. 20. This Court specifically noted that though it is alleged that certain documents had been created by the appellant therein to avail of credit facilities beyond the limit to which the Company was entitled, the power of quashing could be exercised. This Court found that in view of a compromise arrived at between the Company and the Bank, it was a fit case where a technicality should not be allowed to stand in the way of quashing of the criminal proceedings. This Court found that in view of the settlement arrived at between the parties, continuance of the same would be an exercise in futility.” 8. In view the said report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, in view of the law laid down by the Hon’ble Supreme Court in K. Bharathi Devi (supra) and also in view of the compromise entered into between the petitioner and respondent No.2, I.A.Nos.2 and 3 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the proceedings in Crime No.152 of 2025 of Chaderghat Police Station, Hyderabad, are hereby quashed against the petitioner/accused. Petitioner undertake to pay an amount of Rs.20,000/- (Rupees Twenty Thousand Only) to The Director, Sainik Welfare, Hyderabad (Savings A/c. No. 52188926279, State Bank of India, Shantinagar Branch (20070), IFSC Code SBIN0020070, MICR No.500004057), within a period of ten days from today, and file proof of the same into the Registry. 9. As a sequel, miscellaneous petitions pending, if any, shall stand closed.