✦ High Court of India · 12 Feb 2025

The High Court · 2025

Case Details High Court of India · 12 Feb 2025
Court
High Court of India
Decided
12 Feb 2025
Bench
Not available
Length
1,282 words

Acts & Sections

1. State of Telangana, Represented by Public Prosecutor, High Court of Judicature

2. Sri Sai Mohit Mukul, S/o. Late Mukul Swamy, Aged about 39 years, Occ Principal of Sri Shanti Vidya Niketan School, R/o. H.No. 8-3-2281975/1 , Videogally. Rahmath Nagar. Yousufguda, Hyderabad ..Respondents / Defacto Complainant Petition under Section 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 in Crime No.674 of 2024 of P.S. Madhura Nagar, Hyderabad for the alleged offence U/Sec 308(5) BNS against the petitioner/Accused. l.A. NO: 2 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 may be pleased to stay of all further proceedings including arrest of petitioner/accused in Crime No,674 of 2024 of P.S. Madhura Nagar, Hyderabad pending disposal of the main petition for quashing the same. l.A. NO: 3 OF 2025 Between: Sri Sai lr4ohit Mukul, S/o. Late Mukul Swamy, Aqed about 39 vears. Occ Principat of Sri Shanti.Vidya Niketan Scnoo( Rl5. H t{o a S_22a7s75li- Videogally, Rahmath Nagbr, yousufguda, Hyderabad ...Petitioner / Respondent No 2 / Defacto Complainant in l.A.No.3 & 4 of 2O25 1 2 , AND Thd State of Telanoana Represented by public prosecutor, High Court Building, Hyderabaf G_1v1at1 ea1a1 $rqr @ Bilta pavan, S/o. Guvvala Srinivas Aged about 31 years, occ Pvt Emptoyee, R/o. H.No. B-3_2ZB|Z 23, Rahmath Nagar, Yousutguda, Hyderabad ... Res pondert.,^HgTi"# l,&l ...Respondent / petitioner / Accused in l.A.No.3 & 4 ot 2025 Petition under section 359 (6) 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 and respondent No.2 to record the compromise and quash the proceedings as against the petitioner/Accused in crime No.674t2024 U/Sec. 308(5) BNS on the file of p.S. Madhura Nagar. l.A. NO: 4 OF 2025 Petition under Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to record the compromise and quash the proceedings as against the respondent No.2/Accused herein in crime No.67412024 utsec.308(5) BNS on the file of P.S. Madhura Nagar. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Baddam Narsimha Reddy, Advocate for the petitioner and the Additional public prosecutor on beihalf of the Respondent No.'l and of sri Bandi sai Vamshi, Advocate for the Respondent No.2. The Court made the following Common Order : HON'BLE SMT. JUSTICE JUWADI SRIDEVI LA.Nos.3 and 4 of 2O25 in/and CRIMINAL PETITION No.196 o12025 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioner/accused to quash the proceedings against him in Crime No.674 of 2024 of Madhura Nagar Police Station, Hyderabad, registered for the offence punishable under Section 308(5) of BNS.

2. lt is submitted by learned counsel appearing for the petitioner as well as the respondent No.2, that during pendency of \ \ the present Criminal Petition, the parties have compromised the I t matter and accordingly, l.A.Nos.3 and 4 of 2025 have been filed to record the compromise between them and to compound the offences.

3. Vide order dated 28 0'1 .2025, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report.

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal \ 2 ServicesCommittee,hasidentifiedthepartiesandsubmitteda report, dated 05.02.2025 and the same is placed on record' E ln view of the above, l.A.Nos'3 and 4 of 2025 are allowed Consequently, this Criminal Petition is allowed and the proceedings against the petitioner/accused in Crime No 674 of 2024 of Madhura Nagar Police Station' Hyderabad' are hereby quashed. Miscellaneous applications, if any pending' shall stand closed. //TRUE COPY// sd,- N. SR'HAR, IANT REGISTRAR ASSI SECTION OFFICER / o,

1. The XrV Additionar chief Metroporitan Magistrate at Nampa*y, Hyderabad 2. The Station House Officer' Madhura Nagar PS' Hyderabad District 3 Two ccs to the pubrrc prosecutor, Higtr court for the state of rerangana' 4. One CC to Sri Baddam Narsimha Reddy' Advocate [OPUCI 5. One CC to Sri Bandi Sai Vamshi' Advocate [OPUCI 6 Two CD CoPies HYderabad IOUTI I Along with the Copy of the Joint Memo of Compromise ] 9 f HIGH COURT DATED:1210212025 COMMON ORDER I.A. Nos. 3 and 4 of 2025 in / and CRLP.No.196 of 2025 f, dE :rl A /.e o a :) \+ 0 3 t{\[R 20?5 l) r-SP,I CP6.o ( C ALLOWING THE CRLP AND l.A. Nos. 3 and 4 of 2025 \-'/ MEMORANDUM OF CRIMINAL MISC. PETITION (Filed Under Sec.320 of Cr.p.C.) IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA I.A..No. of 20 Crl. P. No. In fit tt 2o2r Between : Sri Sai Mohit Mukul S/o. Late Mukul Swamy, Aged about 39 years, Occ: Principal of Sri Shanti Vidya Niketan School, R/o. H.no. 8-3-228/97511, Videogaily, Rahmath Nagar, Yousufguda, Hyderalrad And

1. State oiTelangana Represented by Public Prosecutor, High Court Of Judibatilre . . Petitioner/ Defacto com pla ina nt ,. . Respondent

2. Guvvala Pavan Kumar @ Billa pavan S/o. Guvvala Srinivas Aged about 31 years, Occ: pvt. Enrployee R/ o.8-3-228/ 723, Rahmath Naga r, Yousufguda, Hyderabad ..Respondent/ Accused MO AND JOINT M MO FIL DBYT E PETI ONE R AND RESPONDENT NO.2

1. It is submitted that the petitioner herein filed the above quash pg!!!. seeking to quash the proceedings in Crime No.674/2024 U/Sec. 308(5) BNS on the file of p.s. Madhura Nagar. The Respondent ruo.i has lodged the above case against the petitioner vide Crime No.674/2024, on the file of Police station Madhura Nagar, U/Sec. 308(s) BNS, wherein the petitioners are figured as Accused No.1. 2. I humbly submit that at the instance of the elders and well-wishers, I have settled the disputes amicably and the petltioner and the Respondent No.2 have agreed to setfle the present dispute in crime No.674/2024 U/Sec. 308(5) BNS on the file of p.S. Madhura Nagar. As such I have Filed a petition seeking this Hon,ble Court to record thJ ;tr,."-.gl^' a-+=t $r f&- -*t {y' fh:4bk CN,$6 9l1+,- frc".uo-n t 2 compromise. The c,cntents mentioned in the said compromise petition are true and correct I,o the best of my knowledge and belief. The said compromise is entered with free will and consent and without any coercion. Hence, we are filing the present joint Memo. It is therefore prayed that this Hon'ble Court may be pleased to permit the Petitioner herein to lt',compound the offences with the Responderit No.2 lrerein by recording compromise and by allowing the Criminal petition filed by the petitioner against Crime No.674 /2024 UlSec. 308(5) BNS Act on the file of P.S. Madhura Nagar, and pass such other order or orders as this Hon'ble Court may deem,fit and proper in the circumstances of the case. Hyderabad, il. y-fl-,ztr1+v u^s!^ COUNSEL FO THE DETITIONER COUNSEL FOR RESFONDENT NO.2 NER ,,:'. Y"'on RESPONDENT NO.2 I

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