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2025 DAILYLAW 14567 (AP)

NAIDMULLA HAFEEZULLA @ HITECH HAFIZULLA v. THE STATE OF ANDHRA PRADESH

CRLP/3829/2025 · 2025-04-07

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A NOS.2 & 3 OF 2025 IN/AND CRIMINAL PETITION NO: 3829 OF 2025 Between: 1. Naidmulla Hafeezulla @ Hitech Hafizulla, S/o Naidmulla Imadadulla, Aged about 53 years, R/o 10/276-27-4, Opp: Ayesh School, Bellam Mandi Street, Kadapa Andhra Pradesh. 2. Shaik Ansar Vali, @ Ansar, S/o Abdul Azeez, Aged about 60 years, Occ; R/o 10/276-15-2, Bellam Mandi Street, Kadapa, Andhra Pradesh. 3. Shaik Mohammed Sabeer, @ Saabid, C/o Nasyam Abdul Samad, Aged about 47 years, R/o Flat No. 306, Victory Apartment, Kadapa, Manasa Inn Restaurant, Cuddapah, Andhra Pradesh. 4. Shaik Bepani Abdul Jabbar, @ Haroon Babu, S/o Shek Bepan Rasool Saheb, Aged about 65 years, R/o Abdul Nabi Street, Cuddapah, Andhra Pradesh. 5. Shaik Mohammed Ghouse Tanveer, @ Thanveer, C/o Shaik Mohammed Salamullah, Aged about 27 years, R/o 58/387-8-9-1, Choutapalli Road, Mariyapuram, akkayapalli, VTC Cuddapaiah, Ravindar Nagar (PO), Kadapa Sub District, YSR District, Andhra Pradesh. 6. Shaik Shujath Faizan, @ Faijan, S/o Shaik Chand Basha, Aged about; 33 years, R/o 67/95-12-4, S B I Colony, Near Mariyapuram Church, \ Cuddapah (PO), Duvvur (Sub-District), Cuddapah District, Andhra Pradesh. 7. Shaik Hussain Peera, @ Hussain Peera, S/o Late Shaik Peeran Sahab, Aged about 60 years, R/o 16-369, Chouse Nagar, D C Road, Cuddapah, Andhra Pradesh. ...Petitioners/ Accused No.2, 3, 4, 5, 6, 7 and 9 AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Amaravathi, High Court, Amaravathi, State of Andhra Pradesh. ...Respondent 2. Musthaq Ahammad Shaik, S/o Rahamthulla, Aged about 48 years, Occ: Business, R/o 10/240, Kadapa City, YSR District, Andhra Pradesh State ...Respondents/Defacto Complainant Petition under Section 528 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR/Crime. No. 402/2022, dated; 14-11-2022 on the file of the Kadapa Rural Police Station, YSR District. I.A. NO: 2 OF 2025 Between; Musthaq Ahammad Shaik, S/o Rahamthulla, Aged about 48 years, Occ: Business, R/o 10/240, Kadapa City, YSR District, Andhra Pradesh State. ...Petitioner/Respondents/ Defacto Complainant AND 1. Naidmulla Hafeezulla @ Hitech Hafizulla, S/o Naidmulla Imadadulla, Aged about 53 years, R/o 10/276-27-4, OppcAyesh School, Bellam Mandi Street, Kadapa Andhra Pradesh. 2. Shaik Ansar Vali, @ Ansar, S/o Abdul Azeez, Aged about 60 years, Occ: R/o 10/276-15-2, Bellam Mandi Street, Kadapa, Andhra Pradesh. 3. Shaik Mohammed Sabeer, @ Saabid, C/o Nasyam Abdul Samad, Aged about 47 years, R/o Flat No. 306, Victory Apartment, Kadapa, Manasa Inn Restaurant, Cuddapah, Andhra Pradesh. 4. Shaik Bepani Abdul Jabbar, @ Haroon Babu, S/o Shek Bepan Rasool Saheb, Aged about 65 years, R/o Abdul Nabi Street, Cuddapah, Andhra Pradesh. 5. Shaik Mohammed Ghouse Tanveer, @ Thanveer, C/o Shaik Mohammed Salamullah, Aged about 27 years, R/o 58/387-8-9-1, Mariyapuram, akkayapalli, VTC Cuddapaiah, Choutapalli Road Ravindar Nagar (PO), Kadapa Sub District, YSR District, Andhra Pradesh. 6. Shaik Shujath Faizan, @ Faijan, S/o Shaik Chand Basha, Aged about: 33 years, R/o 67/95-12-4, S B I Colony, Near Mariyapuram Church, Cuddapah (PO), Duvvur (Sub-District), Cuddapah District, Andhra Pradesh. 7. Shaik Hussain Peera, @ Hussain Peera, S/o Late Shaik Peeran Sahab, Aged about 60 years, R/o 16-369, Chouse Nagar, D C Road, Cuddapah, Andhra Pradesh. ...Respondents/Petitioners/ Accused No.2, 3, 4, 5, 6, 7 and 9 8. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Amaravathi, High Court, Amarvathi, State of Andhra Pradesh. ...Respondent/Respondent Petition under Section 320 (6) R/W 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compound the offences U.Sec. 323, 324, 506 of R/W 34 IPC, in FIR/Crime. No. 402 / 2022, dated: 14-11-2022 on the file of the Kadapa Rural Police Station, YSR District. * Joint Compromise Memo enclosed vide separate sheet I.A. NO: 3 OF 2025 Between: Musthaq Ahammad Shaik, S/o Rahamthulla, Aged about 48 years, Occ: Business, R/o 10/240, Kadapa City, YSR District, Andhra Pradesh State. ...Petitioner/Respondents/ Defacto Complainant AND 1. Naidmulla Hafeezulla @ Hitech Hafizulla, S/o Naidmulla Imadadulla, Aged about 53 years, R/o 10/276-27-4, OppcAyesh School, Bellam Mandi Street, Kadapa Andhra Pradesh. 2. Shaik Ansar Vali, @ Ansar, S/o Abdul Azeez, Aged about 60 years, Occ: R/o 10/276-15-2, Bellam Mandi Street, Kadapa, Andhra Pradesh. 3. Shaik Mohammed Sabeer, @ Saabid, C/o Nasyam Abdul Samad, Aged about 47 years, R/o Flat No. 306, Victory Apartment, Kadapa, Manasa Inn Restaurant, Cuddapah, Andhra Pradesh. 4. Shaik Bepani Abdul Jabbar, @ Haroon Babu, S/o Shek Bepan Rasool Saheb, Aged about 65 years, R/o Abdul Nabi Street, Cuddapah, Andhra Pradesh. 5. Shaik Mohammed Ghouse Tanveer, @ Thanveer, C/o Shaik Mohammed Salamullah, Aged about 27 years, R/o 58/387-8-9-1 Mariyapuram, akkayapalli, VTC Cuddapaiah Choutapalli Road Ravindar Nagar (PO), Kadapa Sub District, YSR District, Andhra Pradesh. 6. Shaik Shujath Faizan, @ Faijan, S/o Shaik Chand Basha, Aged about: 33 years, R/o 67/95-12-4, S B I Colony, Near Mariyapuram Church, Cuddapah (PO), Duvvur (Sub-District), Cuddapah District, Andhra Pradesh. 7. Shaik Hussain Peera, @ Hussain Peera, S/o Late Shaik Peeran Sahab, Aged about 60 years, R/o 16-369, Chouse Nagar, D C Road, Cuddapah, Andhra Pradesh. ...Respondents/Petitioners/ Accused No.2, 3, 4, 5, 6, 7 and 9 8. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Amaravathi, High Court, Amaravathi, State of Andhra Pradesh. ...Respondent/Respondent Petition under Section 320 (2) R/W 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record compromise and consequently quash the proceedings as against the petitioners/Accused No.2,3,4,5,6,7 w W and 9 in FIR/Crime. No. 402/2022, dated; 14-11-2022 on the file of the Kadapa Rural Police Station, Y S R District, offences punishable under section 323, 324,506 r/w 34 IPC. I.A. NO: 4 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court be pleased to stay all further proceedings in FIR/Crime. No. 402/2022, may dated: 14-11-2022 on the file of the Kadapa Rural Police Station, Y S R District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S Dushyanth Reddy, Advocate for the Petitioners and the Public Prosecutor behalf of the Respondent No.1 and of Sri P M Mithileswara Reddy, Advocate for the Respondent No.2 on The Court made the following: APHC010180802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3829/2025 Between: Naidmulla Hafeezulla @ Hitech Hafizulla and ...PETITIONER/ACCUSED(S) Others AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.S DUSHYANTH REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2.P M MITHILESHWARA REDDY The Court made the following: 2 HN,J Crl.P.No.3829 of 2025 THE HONOURABLE SRI JUSTICE HARINATH.N lA Nos.2 and 3 of 2025 in/and Criminal Petition No:3829 of 2025 The Court made the following Common Order: The Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 by the petitioners herein to quash the proceedings initiated against them in Crime No.402 of 2022 on the file of Kadapa Taluk U/G Police Station, Kadapa District registered for the offence punishable under Sections 323, 324, 506 read with 506 of IPC. 2. The de facto complainant filed I.A.Nos.2 and 3 of 2025, duly enclosing a Joint Memo entered between the petitioners as well as de facto complainant. It is stated that at the intervention of elders on both sides, the petitioners and the de facto complainant have arrived at an understanding and the matter has ) been settled between them. 3. Learned counsel for the petitioners and learned counsel representing for the unofficial respondent No.2 {de facfo-complainant) and learned Assistant Public Prosecutor representing respondent No. 1/State are present. Today, when the matter is taken up, petitioners herein and the 2^^^^ respondent herein are present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for 2"^^ respondent have identified the 4. parties in the open Court. 3 HNJ Crl.P.No.3829 of 2025 This Court has questioned 2"^^ respondent herein/c/e facto complainant with regard to compromise, and he categorically stated to that he has voluntarily entered into compromise with the petitioners herein. This Court is satisfied with the identification of the parties and voluntariness in arriving at 5. the compromise. Since the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the proceedings in Crime No.402 of 2022 on 6. the file of Kadapa Taluk U/G Police Station, Kadapa District against the petitioners criminal petition No.3829 of 2025 is hereby quashed. Accordingly, I.A.Nos.2 and 3 of 2025 and Criminal Petition No.3829 of 7. 2025 are allowed. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTON OFFICER To. 1. The Station House Officer, Kadapa Rural Police Station District. 2. One CC to Sri S Dushyanth Reddy, Advocate [OPUC] 3. One CC to Sri P M Mithileswara Reddy, Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Amaravati [OUT] 5. Three CD Copies YSR Kadapa Pradesh at SAM sree *Along with Joint Compromise Memo to the addresses HIGH COURT DATED:07/04/2025 COMMON ORDER LA Nos.2 & 3 of 2025 in/and CRLP.No.3829 of 2025 'S> 5 0» APR 2025 S Co Curreru decuon ALLOWING THE I.A Nos.2 & 3 of 2025 AND ALLOWING THE CRLP MEMORANDUM OF CRIMINAL PETITION (UNDER SEC.320(2) R/W.528 OF BNSS) IN THE HIGH COURT OF ANDHRA PRADESH AT :: AMARVATHI OF 2025 CRL.P. No Between; Naidmulla Hafeezulla, @ Hitech Hafizulla, S/o Naidmulla Imadadulla, Aged about 53 years, R/o 10/276-27-4, Opp; Ayesh School, Bellam Mandi Street, Kadapa, Andhra Pradesh. Shaik Ansar Vali, ©Ansar, S/o Abdul Azeez, Aged about 60 years, Occ; R/o 10/276-15-2, Bellam Mandi Street, Kadapa, Andhra Pradesh. 1. 2. Shaik Mohammed Sabeer, @ Saabid C/o Nasyam Abdul Samad, Aged about 47 years, R/o Flat No. 306, Victory Apartment, Kadapa, Manasa Lnn Restaurant, Cuddapah, Andhra Pradesh. Shaik Bepani Abdul Jabbar, @ Flaroon Babu S/o Shek BepanTiasool Saheb, Aged about 65 years, R/o Abdul Nabi Street, Cuddapah, Andhra Pradesh. Shaik Mohammed Ghouse Tanveer, ©Thanveer C/o Shaik Mohammed Salamullah, Aged about 27 years, R/o 58/387-8-9-1, Choutapalli Road Mariyapuram, akkayapalli, VTC Cuddapaiah, Ravindar Nagar (PO), Kadapa Sub District, Y S R District, Andhra Pradesh. 3. 4. 5. Shaik Shujath Faizan, @ Faijan, S/o Shaik Chand Basha, Aged about: 33 years, R/o 67/95-12-4, S B I Colony, Near Mariyapuram Church, Cuddapah (PO), Duvvur (Sub-District), Cuddapah District, Andhra Pradesh. 6. 7. D C Road"cu°ddapS, • • P^titioners/Accused And ^°'2, 3, 4, 5, 6, 7 and 9 1. SjipKrsr Amarvathl!l'l™fTndllra^?a^esh!'' R/o in/9/in '-’cc. Business, Andhra pZeTsZe:''''’ ■■■Respondent jgjNT MEMn FiiTr.T||r- pETiTin '^®®P°"‘^®"‘a/Defacto Complainant aANDolFACTOCoi^i^l^mLa^^^ We submit that FIR/Crime No. 1. the Respondent No.2 402 of 2022 dated; Police Station, Kadapa District had lodged a 14-11-2022 before complaint in the Kadapa Rural punishable under or the offences section 323, 324, 506 R/w 34 IRC 2. We submit that while the matter stood thus, disputes amicably by the intervention of elders and we have settled we are living in peace our and harmony. Therefore, it i - 'S prayed before this Hon^ble Court compromise may be pleased to proceedings against the No. 402 / 2022, record the petitioners/Accused No. dated; 14-11-2022 District or the offences in the interest of justice. Hence Joint Memo. and guash the 2,3,4,5,6,7 and 2 in FIR/Crime. on the file of the .Kadapa Rural Police Station, Y S R section 323, 324, 506 R/w punishable under 34 IRC., rXj, Lf 2'"'^ Respondent/Accused No.3 3'^^ Respondent/Accused No.4 'I 4‘^ Respondent/Accused No.5 5*^ Respondent/Accused No.6 ‘k 6’^ Respondent/Accused No.7 7^^^ Respondent/Accused No.9 , i- w '' Counsel for Respondents Counsellor Petitioner AMARAVATHI Date;07.04.2025