THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP Nos. 29688 and 28294 of 2014 And WPMP No. 47879 of 2014 Date of Judgment: 22.12.2014 Between:
Mohd. Sikandar and others And The State of Telangana and others …Petitioners ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP Nos. 29688 and 28294 of 2014 And WPMP No. 47879 of 2014 COMMON ORDER:
Heard learned counsel for the parties.
WP No. 29688 of 2014 is filed by the petitioners seeking to quash First Information Report in Cr.No. 458 of 2014 under Sections 448, 427, 506 read with Section 34 of Indian Penal Code of PS Narayanaguda, Hyderabad primarily on the ground that OS No. 1652 of 2014 on the file of the Junior Civil Judge, City Civil Court, Hyderabad is pending between third respondent and the petitioners relating to house property, in respect of which the third respondent filed a complaint which is subject matter of the above crime.
W.P.No. 28294 of 2014 is also filed by the petitioners alleging that the complaint of first petitioner, dated 15.9.2014 requesting for police protection was not taken cognizance of by the respondent No.4 therein.
While both these writ petitions are pending before this Court, it appears that there are two civil suits pending between the parties viz., OS No. 1652 of 2014 on the file of the Junior Civil Judge, City Civil Court, Hyderabad filed by the third respondent and the first petitioner also filed OS No. 1863 of 2014 which is also pending before the same court and both the said suits relate to the same house property.
First petitioner has filed WPMP No. 47879 of 2014 enclosing a copy of memorandum of compromise entered into between him and the third respondent in W.P.No. 29688 of 2014 wherein it was agreed that the third respondent shall sell the suit house property bearing door No. 4-1-2/A/1/a, admeasuring 77.33 sq. yards situated at Ram Kote, Hyderabad to the first petitioner for a sum of Rs.40,00,000/- and that the criminal complaints filed by both the parties against each other, as also the civil suits referred to above, shall accordingly be withdrawn. Since the learned counsel for the petitioners also states that sale deed is likely to be executed shortly in terms of the compromise and in view of the agreement between the parties, Cr.No. 458 of 2014 is required to be quashed. Learned counsel for the third respondent also accepts the said compromise and agrees for quashing of the FIR in Cr.No. 458 of 2014 of PS Narayanaguda, Hyderabad.
In view of the above, in terms of the memorandum of compromise dated 5.12.2014 between the first petitioner and the third respondent, WPMP No. 47879 of 2014 and WP No. 29688 of 2014 are allowed and FIR in Cr.No. 458 of 2014 of PS Narayanaguda, Hyderabad is quashed and WP No. 28294 of 2014 is dismissed.
Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 22.12.2014 KR