Telangana High Court
Mohd. Qaiser vs Dr.Farhana Ghalib Alias Farhana Zaman on 14 May, 2025
THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA
I.A.Nos.2 and 3 of 2025
In/And
CRIMINAL PETITION No.6256 of 2025
COMMON ORDER:
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 1, 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 another8
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
2024 INSC 750
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.
As a sequel, miscellaneous petitions pending, if any, shall
stand closed.
_________________________________
NANDIKONDA NARSING RAO, J
Date: 14.05.2025
SAI/SKJ
