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2025 DAILYLAW 30815 (AP)

Shaik Areef Ali Areef Ali Shaik v. The State of Andhra Pradesh

CRLP/8952/2025 · 2025-09-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010445692025 IN THE HIGH COURT OF ANDHRA PRADES^^i AT AMARAVATI SMS A yo K r^i fo^ THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT I TiflE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A nos. 3 & 4 of 2025 in/and CRIMINAL PETITION NO: 8952 OF 2025 CRIiyj^NAL PETITION NO: 8952 OF 2025 |i Between: I ! 1. Shaik Areef All Areef Ali Shaik, S/o. Nabi Rasool, Aged about 31 years, j I Islampet, Chirala, Prakasham District. Now at Wood Nagar, 2nd lane ^Dhirala. 2. Syed Mohammad Rafiuddin, S/o. Rasool Saheb, aged about 44 Years, Ramakrishnapuram, Chirala, now at London. 3. Syed Majherjan, W/o.Syed Mohammad Rafiuddin, aged about 43 Vears, Ramakrishnapuram, Chirala, now at London. (Petitioners No 2 and 3 are represented by their GPA Holder Shaik Areef Ali (1st Petitioner) ...Petitioners/Accused N0.I , A10 & A11 AND 1. The State of Andhra Pradesh. Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 2. SK Rehana, W/o. Areef Ali, Muslim, aged about 32 years, islampet, 5th line, beside Community Hall, Ongole Town. ...Respondents Petition under Section 482 of Cr.P.C (528 of BNSS) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to QUASH the proceedings against the petitioner in C.C. No. 332 of 2023 of on the file of the court of II Addl. Munsif Magistrate (II Addl. Junior Civil Judge), Ongole, Prakasham District. ?■ lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay of all further proceedingsin C.C. No. 332 of 2023 of on the file of the court of II Addl. Munsif Magistrate (II Addl. Junior Civil Judge), Ongole, main CrI. Petition. Prakasham District, Pending disposal of the lA NO: 3 OF 2025 Between: SK Rehana, W/o. Areef Ali, Muslim, aged about 32 years, islampet, 5th line, beside Community Hall, Ongole Town. ...Petitloner/2"'' Respondent/Complainant AND 1. Shaik Areef Ali Areef Ali Shaik, S/o. Nabi Rasool, Aged about 31 years, Islampet, Chirala, Prakasham District. Now at Wood Nagar, 2nd lane Chirala. 2. Syed Mohammad Rafiuddin, S/o. Rasool Saheb, aged about 44 Years, Ramakrishnapuram, Chirala, now at London. 3. Syed Majherjan, W/o.Syed Mohammad Years, Ramakrishnapuram, Chirala (Petitioners No 2 and 3 AreefAli (1st Petitioner) Rafiuddin, aged about 43 now at London. are represented by their GPA Holder Shaik ...Petitioners/Accused No.1 , A10 & A11 f The State of Andhra Pradesh, Court of Andhra Pradesh, Amaravati. Rep. by the Public Prosecutor, High ...Respondents Petition under Section (320(6) r/w Section 482 of Cr.P.C) (359(6) of BjNSS) praying that in the circumstances stated in the Memorandum of Groijnds of Criminal Petition, the High Court perrriission to the petitioner for r/w 528 may be pleased to accord compromise / compound offences against the respc^^ndent No. 1 to 3 /accused in C.C. No. 332 of 2023 on the file of the court of II Addl. Munsiff Magistrate (II Addl. Junior Civil Judge), Ongole, Prakasham District. lA NO: 4 OF 2025 Between: Rehana, W/o. Areef Ali, Muslim, aged about 32 ! ■ line, beside Community Hall, Ongole Town. years, islampet, 5th ...Petitioner/2"'' Respondent/Complainant AND 1. Shaik Areef Ali AreefAli Shaik, S/o. Nabi Rasool, Aged about 31 years, Islampet, Chirala, Prakasham District. Now at Wood Chirala. 2. Syed Mohammad Rafiuddin, S/o. Rasool Saheb, aged about 44 Years, Ramakrishnapuram, Chirala, now at London. Nagar, 2nd lane 3. Syed Majherjan, W/o.Syed Mohammad Rafiuddin, aged about 43 Years, Ramakrishnapuram, Chirala, now at London. (Petitioners No 2 and 3 are represented by their GPA Holder Shaik Areef Ali (1st Petitioner) ...Petitioners/Accused No.1 , A10 & A11 4. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondents Petition under Section (320(2) r/w Section 482 of Cr.P.C) (359(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 record compromise/compound offences against the respondent No. 1 to 3 /accused in C.C. No. 332 of 2023 on the file of the court of II Addl. Munsiff Magistrate (11 Addi. Junior Civil Judge), Ongole, Prakasham District. Counsel for the Petitioners; Sri Butta Vijaya Bhasker Counsel for the Respondent No.1 : Assistant Public Prosecutor Counsel for the Respondent No.2 ;Srl Inakollu Venkateswarlu The Court made the following order: APHcbl0187572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY. THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT Tnj^ HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA l■A■Nos■3&4of 2025 [3396] IN/AND CRIMINAL PETITION NO: 8952/2025 Between: 1 SHAIK AREEF ALI AREEF ALI SHAIK, S/0. NABI RASOOL, AGED ABOUT 31 YEARS, ISLAMPET, CHIRALA, PRAKASHAM DISTRICT. NOW AT WOOD NAGAR, 2ND LANE CHIRALA. 2 SYED MOHAMMAD RAFIUDDIN, S/0. RASOOL SAHEB, AGED About 44 years, ramakrishnapuram, chirala, now at London. 3.AyED MAJHERJAN, W/O.SYED MOHAMMAD RAFIUDDIN, AGED ABOUT 43 YEARS, RAMAKRISHNAPURAM, CHIRALA, NOW AT LONDON. (PETITIONERS NO 2 AND 3 ARE REPRESENTED BY THEIR GPA HOLDER SHAIK AREEF ALI (1ST PETITIONER )) ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2 SK REHANA, W/0. AREEF ALI, MUSLIM, AGED ABOUT 32 YEARS, ISLAMPET 5TH LINE, BESIDE COMMUNITY HALL, ONGOLE TOWN. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused{S): 1. BUTTA VIJAYA BHASKER Counsel for the Respondent/complainant(S): I.INAKOLLU VENKATESWARLU 2. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: The instant petition 1973 (for short ‘Cr.P.C’) has been filed by the Petitioners / Accused Nos.1, 10 under Section 482 of Criminal Procedure Code and 11, seeking quashment of the 2023 on the file of the Court of II Additional offences under Sections 498-A of the Dowry Prohibition Act, (Protection of Rights on Marriage) Act, 2019. l-A.Nos.S and 4 of 2025 complainant seeking permission to the matter with the Petitioners. Petitioners / Accused Nos.1 before this Court and Copies of their Aadhar cards proper identification. \ proceedings against them in C.C.No.332 of Munsif Magistrate, Ongole for the and 506 read with 34 IPC, Sections 3 and 4 1961 and Section 4 of the Muslim Women 2. are filed by Respondent No.2/De facto compound the offences and compromise 3. 10 and 11 and Respondent No.2 appeared were identified by their respective learned counsel, attested by their respective counsel are filed for 4. Learned Assistant Public Prosecutor Both parties would submit that withdrawal of the facto complainant would submit wishers on both sides, both executed a memorandum of IS in attendance. 5. they came to an amicable settlement for cases pending between them and Respondent that, at the intervention of elders , parties entered into No.2/De and well- a compromise and also compromise to that effect. 6. The present case has been lodged based between the parties and Respondent stated that she is intending to withdraw the on the matrimonial disputes No.2 filed her affidavit wherein it was case against the Petitioners in view of the terms agreed upon. 7. Considering the submissions, in terms of the mediation held between the parties, and in the interest of justice, I.A.Nos.3 and 4 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case against the Peiitioner/Accused Nos.1, 10 and 11 in C.C.No.332 of 2023 on the file of the Coiirt of II Additional Munsif Magistrate, Ongole, is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand Sd/-AVIJAYA BABU assistant registrar closed. //TRUE COPY// SECTION OFFICER To, Additional Junior Civil Judge), Additional Munsif Magistrate (II 1. The 11 j I Ongole, Prakasham District. Police Station, Ongole, Prakasham The Station House Officer, Women District. 3! One CC to Sri. Butta Vijaya Bhasker Advocate [OPUC] 2j i. Inakollu Venkateswarlu Advocate [OPUCj High Court of Andhra Pradesh at 4l One CC to Sri 5. Two CCS to the Public Prosecutor, Amaravathi [OUT] 0. Two CD Copies S^u vha ise memo filed in l.A No. 4 of 2025 ♦along with the joint compromise HIGH COURT DATE0:04/09/2025 COMMON ORDER l.a Nos.3 & 4 of 2025 in/and CRLP NO. 8952 OF 2025 ALLOWING THE LA Nos. 3 and 4 of 2025 ALLOWING THE CRIMINAL PETITION IN THE HIGH COURT JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI CRLP. NO. OF 2025 Between : 1) Shaik Areef All, S/o. Nabi Rasool, Aged about 31 years, Islampet, Chirala, Prakasham District. Now at Wood Nagar, 2^^^ lane Chirala. 2) Syed Mohammad Rafiuddin, S/o. Rasool Saheb, aged about 44 Years, Ramakrishnapuram, Chirala, now at London. i £ 3) Syed Majherjan, W/o.Syed Mohammad Rafiuddin, aged about 43 Years, Ramakrishnapuram, Chirala, now at London. 11 (Petitioners No. 2 and 3 are represented by their OPA Holder Shaik Areef Ali (1"' petitioner) 11 AND Petitioners / Accused No. 1, A 10 & All 1) The State of Andhra Pradesh. Rep. by the Public Prosecutor, F^igh Court of Andhra Pradesh, Amaravati. 2lsmt. SK. Rehana, W/o. Muslim, aged about 32 years, Islampet, line, beside Community Hall, Ongole Town. Areef Ali, Respondents MEMORANDUM OF COMPROMISE 1) It is submitted that the above CrI. Petition is filed, seeking to QUASH pr()ceedings against the petitioners in C.C. No. 332 of 2023 of on the file of the court of II Addl.’ Munsif Magistrate (II Addl. Junior Civil Judge), Ongole. f Ai)7 WXjlA£^ 5S, fY(d 2) It is submitted that the petitioners are accused 1, 10 & 11 in C.C. No. 332 of 2023 of on the file of the court of II Addl. Munsif Magistrate (II Addl. Junior Civil Judge), Ongole, Prakasham District, for the offences punishable under Section 498-A, 506, R/w. 34 IPC and Section 3 & 4 of D.P.Act. petitioner is husband of 2"*^ respondent and 2 and 3'^'^ petitioner is wife of 2"'^ petitioner. St The 1 nd petitioner is maternal uncle 3) It is submitted that the marriage of the 2"'^ respondent was performed on 25-12-2014 with 1^^ accused Areef Ali Shaik at S. Convention Hall, Ongole 16- 11-2016 and that in marriage negotiations held on 21-09-2014. marriage, the 2"*^ respondent joined with the company of her. husband / 1 accused and out of their wedlock a .male child was born 08-09-2016 and named as Shaik Arhan Ali. «■ ■ i-l : After the ' : St 4) It is submitted that due to matrimonial disputes, the 2"^ respondent filed complaint against petitioners / accused and others before the Disha Women Police Station, Ongole and same is registered in FIR 121 of 2021 for the offences punishable under Section 498-A, 506, R/w. 34 IPC and Section 3 & 4 of D.P.Act. After filing charge sheet the case is numbered as C.C. No. 332 of 2023 and same is pending on the file of the court of 11 Addl. Munsif Magistrate (11 Addl. Junior Civil Judge), Ongole, Prakasham District. i ! 5). It is submitted that the 2"^' respondent also filed M.C.No. 55 of 2023 on the file of the court of Judge, Family Court-cum-Vlll Addl. District Judge, Ongole. She has filed DVC No. 2 of 2024 on the file of the court of 11 Addl. Junior Civil Judge, Ongole. The 1^^ accused ie., the husband of the 2 respondent filed O.S.No. 131 of 2022 on the file of court Prl. Junior Civil Judge, nd Ongole, seeking dissolution of marriage. 1&X sic. HP sW 7^ ^ 5K -3- it is submitted that after filing of case, the elders and well wishers intervened in the matter and advised both respondent and her husband entered in to compromise and pursuant to the same, the accused ie., husband of respondent has agreed to pay an amount of Rs. 50,00,000/- (fifty lakhs only) to the 2"^^ respondent and another amount of Rs. 50,00,000/- (fifty lakhs only) to their child Shaik Arhan Ali towards their permanentalimony / nhaintenance. The accused Areef Ali Shaik drawn Demand Draft bearing No, 001484, dated 29-07-2025 drawn at Axis Bank, Moghalrajapuram , 6)' ,vada '-or Rs. 50,00,000/- (fifty lakhs only) in favor his wife 2"^ respondent is received by her and he has also drawn another Demand Draft 85, dated 29-07-2025 drawn at Axis Bank, Moghalrajapuram, ) iC ■‘■f cearirig No. 00 Vijdyawada for Rs. 50,00,000/- (fifty lakhs only) in favor his son Shaik Arhan Ali, I pjresented by his mother and natural guardian, Shaik Rehana which is handed ovpr to the respondent, who undertakes as follows re a) The said amount shall be deposited in a Fixed Deposit account in the name of the minor son in any nationalized bank, b) The interest accrued may be utilized only for his educational and living expenses, c) The principal amount shall not be.withdrawn or encashed until the minor attains the age of majority (18 years), and Upon attaining majority, the said amount can be used for the welfare, higher education, and career training of the son. ^3 i\ .•'''V ■8 > 7^ 3' K 5k \ -4- The accused Areef Ali The minor son is studying 4^^ class at present. Shaik paid Rs.1,00,000/- for the 1» terra of the 4‘'' class education of the minor son and agreed to pay the 2"“ term education/training expenses in _ 7) in the month of December, 2025. Areef Ali Shaik also agreed to educational expenses of his 8) The husband minor son in the following manner from the next year. accused Areef Ali Shaik agreed to pay Rs.2,00,000/- per for his St a) The 1 annum for six years only to the minor son education/training till 10^^ class, b) The 1^' accused Areef Ali Shaik agreed to pay Rs.3,00,000/- per calls of the minor son for his th th and 12 annum for 11 education/training for two years only, c) The 1 St accused Areef Ali Shaik agreed to pay Rs.6,00,000/- per annum to the minor son tor his graduation education/training expenses for a period of 4 years only. The 1'^ accused Areef Ali Shaik also returned the gold black beads gold spondent and the 2"^ respondent received the other gold and household articles to be received by the 2 respondent from her husband Areef Ali Shaik hereafter. The 2"“^ respondent also agreed to Vv/ith draw the case C.C.No. 332 of 2023 and she undertakes to file appropriate application before the Hon'ble High court of Amaravathi in CrI.P.NO. 2865 of 2024 for compounding of offences against the accused in the said case. 9) nd same. chain to his wife 2 re nd There are no 10) L ' C.r -V -5- respondent irrevocably waives her right to claim any futu , alimony, share in property, or any monetary or other relief from the plaintiff under any personal law or statutop, provision, including in case of future change in her circumstances. , nd 11) The 2 maintenance any it her husband Areef Ali respondent also agreed that she will permit at least once in a month. nd 12) The 2 Shaik to visit the minor son at mutually with his minor son every month, • Meet and spend time convenient times at least once • Be kept informed educational regularly of the child s , school reports, health, and development. progress ise and as 2"^ respondent has of 2024 and accordingly is submitted that in view of said compromise 13) It IS with draw M.C.No. 55 of 2023 and DVC of 2 ^greed jiyi.C.No. 55 of 2023 was 20-08-2025 in terms of compromise disposed off on and DVC No. 2 of 2024 is also disposed off. ^nd his wife 2"'‘ respondent appeared before the mediation in and filed memorandum of compromise. accused Areef Ali Shaik The 1 in O.S.No. 131 of 2022 w other pending claims, affirm and agree that there are demands between them.. The 2 no 14) Both parties i dues, or shall not Areef Ali Shaik or his marriage or any past events. respondent wife agrees that she nd family proceedings against her husband with respect to this initiate any civil, criminal, or family members in^ the future I 4P 'Voxh-'T P Visi -6- 15) Both parties affirm that coercion understanding of its Hon'ble Court to appropriate orders. this compromise is entered into voluntarily. without or undue influence. and with full knowledge and terms and legal implications. The parties request the record this compromise and pray the Hon'ble Hence, the Memorandum court to pass of Compromise. St, (A,) 5^ fi_ <S>” accused, petitioners XIIV. (A-ll) 2^^ respondent COMPLAINANT ii