✦ 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
1,187 words

'1. State of Telangana, Represented by Public Prosecutor, High Court Of Judicature pli Y YLI"V^IIT9I,-Sl9 iVl Gopa!, Aged about 33 years, Occ pvt. Emptoyee, R/o. H. No. 8-3-2281977, Videogally, Rahmath Nagir, yousufguda, HyderibaO. 2 ...Respondents/De-facto 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.675 of 2024 of p.S. Madhura Nagar, Hyderabad for the alleged offence U/Sec. 308(5) BNS against the petitioner/Accu sed. l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the fVlemorandum 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.675 of 2024 of P.S. Madhura Nagar, Hyderabad pending disposal of the main petitton for quashing the same. I.A. N :3 0F 2025 Between: !r1 lvt t{iryy]{q11q1-, S/o lV Gopjrt, Aged about 33 years, Occ pvt. Emptoyee, R/o H. No. 8-3-2281977, Videoqally, Rahmath Nagar, y6usufguda, Hydera6ad. ...Petitioner/Respondent No. 2/De-facto Complainant AND .1. Th6. State of Telangana, Represented by public prosecutor, High Court Of Judicature. ...RespondenUResp--ondent No. 1 2. Guwala Pavan Kumar @ Billa Pavan, S/o. Guvvala Srinivas Aqed about 31 -yousufguda, years, Occ Pvt. Employee Rlo.B-3-2281723, Rahmath Nagar, Hyderabad. ...RespondenUPetitidnei/Accuseld Petition under section 359(6) of BNSS praying that in the circumstances stated in the lvlemorandum 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.67512024 U/Sec. 308(5) BNS on the fite 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 criminal 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.675/2024 lJlsec.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, Adrzocate for the Petitioner and the Additional public prosecutor on behalf of the Respondent No.1 and of sri Bandi sai Vamshi, Advocate for the Respondent No. 2. The Court made the {ollowing: ORDER I HON'BLE SMT. JUSTICE JUWADI SRIDEVI l.A.Nos.3 and 4 of 2025 in/and CRIMINAL PETITION No.'195 of 2025 COMMON ORDER: This Criminal Petition is flled under Section 528 of BNSS by the petitioner/accused to quash the proceedings against him in Crime No.675 o'f 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 padies have compromised the matter and accordingly, l.A.Nos.3 and 4 of 2025 have been filed to record the compromise between them and to compound the I I offences.

3. Vide order dated 28.01.2025, 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 Services Committee, has identified the parties and submitted a report, dated 05.02.2025 and the same is placed on record.

5. ln view of the above, l.A.Nos.3 and 4 of 2O2E are allowed. Consequently, this Criminal petition is allowed and the froceedings against the petitioner/accused in Crime No.675 of 2024 of [\4adhura Nagar Police Station, Hyderabad, are hereby quashed. lVliscellaneous applications, if any pending, shall stand closed \ To, //TRUE COPY// Sd/- P. CH. NAGABHUSHAMBA 't' NT REGISTRAR AS \---..-- SECTION OFFICER l.TheXlVAdditionalChiefMetropolitanMagistrateatNampally,Hyderabad. 2.TheStationFlouseOfficer,lvladhuraNagarPoliceStation'Hyderabad 3'TwoCCstoPublicProsecutor,HighCourtfortheStateofTelanganaat Hyderabad. (OUT)

4. The Secretary, High Court Legal Services Committee, High Court Buildings' Hyderabad

5. One CC to Sri Baddam Narsimha Reddy, Advocate [OPUC] 6. One CC to Sri Bandi Sai Vamshi, Advocate [OPUC] 7. Two CD CoPtes (ENCLOSED A COPY OF JOINT MEMO) DL/gh WA ' HIGH COURT DATED:1210212025 COMMON ORDER I.A. Nos. 3 an d 4 ot 2t.OZs ln/And CRIMINAL PE TITION NO: 195 0F 2025 //g ii'l \.t'i. ,,, \ t tlE ST4 I4: 0 3 i,lAR 2825 9s..t,...Tc rr(:(\ (. c.1 ALLOWING THE I.A. NOS. 3 AND 4 OF 2025 AND CRIMINAL PETI'I'ION )A ,/ 4.- MEMORANDUM OF CRIMTNAI lrlsic. PETITToN (Fired Under Sec.m]{6fUr.p.c.l -- ,4- iN THE HIGH COURT OF]UDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA I.A..No. ot 202{ 1 In crr.P.No. 11f or 202{' Between : Sri M V.inay Kumar S/o. M Gopal, ,.i:L;ir*'.. +ff#miui Aged about 33 years, Occ: pvt. Employee, s$$Ew Yg H.|o, e-s-zzligi, vio""g"ti;'"' Rahmath Nagar, yousufguda, HiZOeiaOaA ' .. Petitioners/Defacto Complainant AND 1. :tgts of Tetangana Represented by Public Prosecutor, High Court Of Judicature

2. Guvvala pavan Kumar @ Billa pavan S/o. lgul*qqt 31 years, Occ: pvt. rnrptoyee Rlo.B-3-Z2B/723, Rahmath Nagar, Yousufguda, Hyderabad Guvvala Srinivas ...Respondent/Accused ND] N L RESPONDENT NO.2 B D 1' It is submitted that the petitioner herein filed the above quash petition seekinq to quash the pio."uainlr'i,i'irim" No.675/2024 u/sec. 308(s) BNS on rhe fire of p.S. [4";;; N';gur."*," Respondent No.2 has lodged the above case against tne petitionJr rio" c.ir"-r,r"ol,Jiiil'c,"". the fite of potice starion l,,aonura r,,rlg;;,-tiE.;. 308(s) BNS, wherein the petitioners are figured as Accused Nol1. 2' 'i humbry submit that at the instance of the elders and wer-wishers, I have settred the disputes u.ni,.ioiy- Jni' tnu petitioner and the Respondent No'2 have agreed to setae tne p.esent dispute in crime No'67s/2024 u/sec. 308(5) BNS on in"-rir"'-or'p.s. r,,iaJn-tla *unul"'0, :!:l- I have Jited a petiiion seeking tni, Hin.Or" Court to record the compromise. The contents mentioned-in tne saiO .orp.ori* put,:titn .r" true and correct to the best of my knowleJs;; belief. The said I I I /_ compromise is entered with free will and consent and without any coercibn. Hence, we are filing the present joint Memo. It is theref'ore prayed that this Hon'ble Court may be pleased to permit the Petitioner herein to compound the offences with the Respondent No.2r herein by recoiding compromise and by allowing the Criminaltpetition filed by the petitioner against Crime No.67512024 UlSec. 308(5) BNS Act cn 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, Dt. v 24 a3V"^-S COUNSEL FOR I-IE PETITIONER t 4^ *\w PETITIONER COUNSEL FOR lt -*./ SPONDENT NO.2 (o+la0 RESPONDENT NO.2 I ! drl.ii.

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