✦ High Court of India · 30 Jan 2025

The High Court · 2025

Case Details High Court of India · 30 Jan 2025
Court
High Court of India
Decided
30 Jan 2025
Bench
Not available
Length
1,371 words

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 call for the records and quash the FIR against the Petitioner/Accused in Crime No. 501 of 2O24 on the file of the Shamshabad Police Station, Cyberabad Commissionerate, Ranga Reddy District. l.A. NO: 2 OF 2025 Between: Santhosh Kumar, S/o. tVlalkan @ lvlalkan Barma, Aged 32 years, Occ. Labourer, R/o. Madanapally Patha Thanda Village, Shamshabad Mandal, Ranga Reddy District- 500074, N/o Raghuraj Nagar, Satna District, Madhya Pradesh State ...Petitioner / 2'd Respondent / Defacto Complainant in l.A.No.2 & 3 of 2O25 AND

1. State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad " i"1.'oli:lrTi"# |&l 2. Venkat @ Venkatesh Pathlavath, S/o. Beekya Naik, Aged 40 years' Occ. Supervis5r, R/o. H.No 20-148, R.B. Nagar, Shamshabad Municipality and Mandal, Ranga Reddy District "' Respo ndent ...Respondent No 2 / Petitioner / Accused in l.A.No.2 & 3 ot 2O25 Petition under Section 320 (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/Defacto Complainant to enter into the compromise to compound the offence against the Respondent No.2/Accused in Crime No. 501 of 2024 on the file of Shamshabad Police Station, Cyberabad Commissionerate, Ranga Reddy Dastrict, for the offence under sections 106(1) BNS. l.A. NO: 3 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 compound the offence against the Petitioner/Accused in Crime No. 501 of 2024 on the file of Shamshabad Police Station, Cyberabad Commissionerate, Ranga Reddy District, for the offence under sections 106(1) BNS in view of the compromise between the parties. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Papaiah Peddakula. Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri A Venkata Chary, Advocate for the Respondent No.2. The Court made the following Common Order : HON'BLE SMT. JUSTICE JUWADI SRIDEVI I.A.Nos.2 and 3 of 2025 in/and CRIMINAL PETITION No.287 of 2025 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.50l of 2024 of Shamshabad Police Station, Cyberabad Commissionerate, Ranga Reddy District, registered for the offence punishable under Section 106(l) of BNS.

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

3. Vide order dated 09.01 .2025, this Court directed the parties along with their respective counsel to appear before the I t Secretary, High Courl Legal Services Comrnittee, High Court 2 for the State of Telangana, Hyderabad, for identification and to submit a repoft

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Courl Legal Services Committee, has identified the parties and submitted a report, dated 17 .01 .2025 and the same is placed on record.

5. In view of the above, I.A.Nos.2 and 3 of 2025 are allowed. Consequently, this Criminal petition is allowed and the proceedings against the petitioner/accused in Crime No.50l of 2024 of Shamshabad police Station, Cyberabad Commissionerate, Ranga Reddy District, are hereby quashecl. Miscellaneous applications, if any pending, shall stand closed. To, //TRUE COPY// ll^ Sd/- N. SRIHARI ASSISTANT REGISTRAR I # ION OFFICER I 1 2 3 4 6 The XI Additional tVletropolitan Magistrate Cyberabad at Rajendrangar The Station House Officer, Shamshabad pS, Cyberabad District Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT] One CC to Sri Papaiah peddakula, Advocate IOPUCI One CC to Sri A Venkata Chary, Advocate tOpUCl Two CD Copies I Along with the Copy of Joint Memo of Compromise ] VA/gh \ t.. L E HIGH COURT DATED:3010112025 COMMON ORDER !.A. Nos. 2 and 3 of 2025 SE ( in / and CRLP.No.287 of 2025 q .f, o () 0 5 F'rii Itl(l .+ t t) F !;f t- o ALLOWING THE CRLP AND l.A. Nos. 2 and 3 of 2025 @tf4 qe--- {,\,f { IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl.P.No. oF 2025 Between: Venkat @ Venkatesh Pathlavath S/o Beekya Naik, Aged 40 years, Occ: Supervisor, R/o: H.No.20-148, R.B. Nagar, Shamshabad Municipality and Mandal,,Ranga Reddy Disrricr. AND ...Petitioner/Accused 1,. 2 State ofTelangana, Rep. by its Public Prosecutor, High Court for the State ofTelangana at Hy_derabad. Santhosh Kumar S/o Malkan @ Malkan Barma, "'Respondent No'1 Aged 32 years, Occ: Labourer, .,. R/o Madanapally Patha Thanda Village, Shamshabad Mandal, Ranga Reddy District- 500074. N /o : Ra gh u ra j N asa r' satna i : :H I:Y.'-;XI i'i,'i . ",, 0,,,,, ", IOINT MEMO FILED ON BEHALF O,F THE PETITIONER/ACCUSED AND RESPONDENT No.2 /DIIFACTO-COMpLAINANT

1. It is submitted that Petitioner filed the above criminal petition to quash the FIR in crime No. 501 of 2024 on the file of shamshabad police srarion, Cyberabad Commissionbrate, Ranga Reddy District, for the offence under sections 106[1J BNS. 2 lt is submitted that as per the allegations in the complaint, FIR registered as the son of the Zna Respondent namely Ashik was demised as he himself accidentally fallen from.the tractor while the petitioner/Accused was driving a Tractor and as such at the intervention of the elders and well- wishers, the Petitioner/Accused and thc znd Respondent/ Defacto-co mplaina n t come to a conclusion to settle the issues and that during mediation, on # humanitarian ground, the Petitioner/Accused agreed to compensate the 2nd Respondent by paying Rs.4,00,00p/- as he lost his son in an accident, for which the 2nd Respondent also agreed to receive the same for his family welfare and also to withdraw the complaint or to make necessary statement before the court of law for closure of the case against the Petitioner/Accused as there was no fault of him. That in pursuance of the agreement between the parties, an amount of Rs.2,50,000 /- paid by way of Account Payee on 07 -1.2-2024 and the balance amount of Rs.1,50,000/- paid by way of cash on the same day and the same is acknowledged. Hence there is no chance of conviction even if the case is tried in view of the settlement bet'i/een the parties. Hence, it is just and necessary in the interest of justice to compound the offence under sections 106(1) BNS and quash the FIR in Crime No. 501 of 2024 on the file of Shamshabad Police Station, Cyberabad Commissionerate, Ranga Reddy District.

3. lt is therefore prayed that this Hon'ble Court may be pleased to compound the offence under sections 106[1) BNS and quash the FIR in Crime No. 501 of 2024 on the file of Shanrshabad Police Station, Cyberabad Commissionerate, Ranga Reddy District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances ofthe case. Hyderabad, Date:06-01-2025 P..*atColrfu ( Petitioner/Accused) counr"t lor the Petitioner SxtLil) (2nd Respondent/Defacto-Complainant] coun."lff, t nd Respondent

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