IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15354 OF 2025 DATE: 09-01-2026 Between:

Syed Maqdoom Hussaini and nine others … Petitioners And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad and another ... Respondents

ORDER:

This Criminal Petition is filed by the petitioners-accused Nos.1 to 10 seeking to quash the proceedings against them in Crime No.313 of 2025 of Mahabubnagar I-Town Police Station, Mahabubnagar, registered for the offences under Sections

118(1), 352, 324(4) and 351(2) read with 3(5) BNS.

2. Heard Sri K.R.K. Gargeya, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. Learned counsel for the petitioners submitted that the petitioners have not beaten the respondent No.2-de facto complainant or any one at any point of time and that the present case is foisted as a counter blast to the earlier complaint filed by the petitioners. He further submitted that the petitioners were injured by the de facto complainant and others on the same day of the alleged incident and therefore, they have filed a complaint, based on which Crime No.312 of 2025 of Mahabubnagar I-Town Police Station, was registered for the offences under Sections 85, 329(4), 118(1), 115(2), 352, 351(2) and 324(2) read with 3(5) BNS. Now, the present complaint is filed as a counter blast. He, therefore, prayed to quash the proceedings in the present crime against the petitioners herein.

4. Learned Additional Public Prosecutor submitted that the Section of Law in the present case is altered from Section 118(1) BNS to Section 118(2) BNS and that there is a case and a counter case pending between both the parties. He, therefore, prayed to dismiss the Criminal Petition.

5. Perused the record.

6. In the present case, it is alleged that on 19.10.2025, the de facto complainant along with his mother with an intimation to his in-laws went to his in-laws house and that when they entered the house, the accused persons have started abusing them in filthy language and initially beat his mother and thereafter, all the accused persons attacked him with deadly weapons and that he sustained bleeding ear injury. Thus, the allegations prima facie point out the offences under Sections 118(2), 352, 324(4) and

351(2) BNS against the petitioners herein.

7. The record further discloses that Crime No.312 of 2025 of Mahabubnagar I-Town Police Station, was registered for the offences under Sections 85, 329(4), 118(1), 115(2), 352, 351(2) and 324(2) read with 3(5) BNS on a complaint lodged by petitioner No.1 herein. The de facto complainant in Crime No.312 of 2024 is the father-in-law of the de facto complainant herein. Thus, there are marital disputes between the de facto complainant in the present case and the daughter of the de facto complainant in Crime No.312 of 2025. Thus, there is a case and a counter case registered against each other between both the parties to the lis. In Punit Beriwala v. The State of NCT of Delhi and others, 2025 LiveLaw (SC) 504, it was held by the Honourable Apex Court that when there is a case and a counter case based on the same incident, one case cannot be quashed, while the other is kept pending. Therefore, since there is a case and a counter case pending between the parties herein, the present case cannot be quashed while the other is kept pending. The investigation is still in progress. In view of the above held discussion and in the light of the above cited decision, the investigation cannot be stalled and the proceedings in the present crime i.e., Crime No.313 of

2025 cannot be quashed against the petitioners herein.

8. Accordingly, the Criminal Petition is dismissed.

Miscellaneous Petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Date: 09.01.2026.

MD