The High Court · 2025
Case Details
Acts & Sections
The State of Telangana, The Station House Officer, KPHB Police Station Cyberabad Rep. by its Public Prosecutor, High Court Buildings at Hyderabad. Guduru Sambasiva Rao, S/o. Late Uma Maheshwar Rao, Age 64 years, Occ. Retired Employee, R/o.'16-3-21 1428, Bhagat Singh Nagar Colony, Kukatpally, Hyderabad 500085. ...Respondents Petition under Section 528 ot BNSS Act, 2023 ptaying 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.51B of 2021, dated 19.06.202'l on the file of ll AJCJ -cum- X Additional ltrletropolltan ]vlagistrate Kukatpally Cyberabad, Now lV AJCJ cum-XV Additional Judicial Magistrate of First Class Medchal Malkajgiri District at Kukatpally against the Petitioner/Accused No.2. l.A. NO: 1OF 2025 Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in Crime No.5'18 of 2021 dated 19.06.2021 on the file of ll AJCJ -cum- X Addlitional Metropolitan Magistrate at Kukatpally, Cyberabad Now lV AJCJ -cum-XV Additional Judicial Magistrate of First Class - Medchal Malkajgiri District at Kukatpally including appearance of the petitioner/ Accused No,2 pending disposal of the Criminal Petition in the interest of the justice. l.A. NO: 2 OF 2025 BETWEEN: Guduru Sirmbasiva Rao S/o. Late Uma Maheshwar Rao. Age: 64 years, Occ ;i 5 ;-; ;'h N,,i,; c ; ;; ;r, k;i;t;[y, ffJ:?: f-,i I tJSI e e' R t o 1 6 3 2 | i ii8' B h "; ...Petitioner/De-facto Complainant AND 1 The state ,rf rerangana rep by^station House officer. KpHB p:rice station 2. Thota Raiiriah Business,' R/o E.G.Districr. cybera bao Rep b/ its puritic'proae;;i;;; HEr;i;,;i Biriro ins. at Hyderabad 9_ Tota_Rajesh, Sio Ramakrishna, Aq ed .19 years, Occ. 4.191 . Tatipaka Santha markei Road- Tatipaka, Razole, ... Respondents/petitioner/Respondent Petition ur der Section 359(6) of BNSS Act, 2023 praytg that in the circumstances stirteo in the Memorandr- oi crornos of criminar petition, the High court may )e preased to permil the p"tNon",. to record the compromise interms of joint co nprcmise memo in FIR Sjgl2l thelnterest of justir:e. l.A. NO:3 oF 202!t BETWEEN: Guduru San basiva Rao S/o LgJe Uma Maheshwar Rao. Age 64 years. Occ t o 1 6 -3 -2 1r+ze, e["di 5i;;;'ii;o,,- c o ro n v k u katpa r ry, ffJ:?ffi? ? 3J 3? 2R ...Petitioner/Respondents / De-facto Complainant AND
1. Thota Raiaiirh Business,' R/o E.G.District.
9. Tota_Rajesh, S/o Ramakrishna, Aged 29 years, Occ. 4-191, Tatipaka santha mrri"i n'oio,-ir-tiirilIl'"Crror", The State Cyberabad ...RespondenUpetitioner/Accused Nos.2 "J,f"ilg8is,[:EBI"::3I?J,T,t;."3Xf 81,5,?5',"1,iffi ,"",.,,#3" .. . RespondenURespondent No.1 Petition underr Section 359(2) of BNSS Act, 2023 praying that in the circumstances state'd in the Memorand* oi cror-nos of criminar petition, the High court may be )reased^to^recora ttre iompririiie of the offence -egistered in Cr No.518 of 2021 u 1e-6_,2,021 ,ndu; a;;io-ipi, o, 20, 21 trcA 6 tWrA on the file of rr AJCr -cum-X Additionar Metroporitan-Majistrate Kukatpary. cyberabad (Now rV AJCJ cLrn -x\/ Additionar Lraiiiri' nrrgi-.lrrt" ot First cra ss-Medchar_ l i Malkajgiri District at Kukatpally) against the respondents/petitioner/accused 2 in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Rama lvlohan Palanki, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri Ch Srinivas, Advocate for the Respondent No.2_ The Court made the following: COMMON ORDER HOI{'BI,E SMT. JUSTICE JUVVADI SRIDEVI I.A.Nos.2 and 3 of 2025 in/and CRIMINAL PETITI ON No.4l2 of 2025 COMMO\ ORDER: This C-rminal Petition is filed under Section 52g of BNSS b1, the petitioner/accused No.2 to quash the ltroci:edings against hirn in Crime No.518 of 2021 of pS Kpt{B Oolony, Cyberabad, registered for the offences punishable under Sections 4l0 cf LPC,4,20,21 of ITGA Act and Secrion 6 of IWTA
2. [t is submitted by learned counsel appearing tbr the petitioner as u ell as the respondent No.2, that during pendency of the prest,t (lriminal Petition, the parties have cornpr.rnisecl the matter z nd accordingty, LA.Nos.2 and 3 of 2025 have been filed to r:cord the compromise between them and to compound rhe c,f l'ences.
3. Vide or<1,:r dated 22.01 .2025, this Courl directt:cl the parties alon; u ith their respective counsel to appear befcre the Secretary, I tigh Court Legal Services Committee, Iligh Court I I t I / for the State of Telangana, Hyderabad, for identification and to submit a report. a
4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted a report, dated 23.01.2025 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 No.2 in Crime No.5l8 of 2021 of pS KpHB Colony, Cyberabad, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/- T. TIRUMALA DEVI S ANT REGISTRAR A ECTION OFFICER \ To, 1 Z J 4 5 6 7 The lV AJCJ cum-XV Additional Judicial Magistrate of First Class Medchal Malkajgiri District at Kukatpally The Station House Officer, KPHB Police Station Cyberabad Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUTI The High court Legal Services Committee, High Court for the State of Telangana at Hyderabad One CC to Sri Rama lvlohan Palanki, Advocate [OPUC] One CC to Sri Ch Srinivas, Advocate [OPUC] Two CD Copies ADK/gh Along with a copy of Joint Memo of Compromise ;1.:.:r ?-..rgj--r':: HIGH COURT DATED:31 t0112025 COMMON ORDER l.A.Nos.2 arnd 3 oI2025 ln/and GRLP.No.412 ot 2025 ,"* -)c -.:,:.\ \.. i r,.-. ) fA ta 0 1 APi Z0?5 *\ * 9s-... ,,.qco - -i2 ALLOWING THE CRLP AND tA.NOs.2 & 3 OF 2O2S 3 IN TIIE HIGH COT]RT OF TELANGANA AT HYDERABAD I.A.NO. oF 2024 IN CRL P NO .C,Ji' OF 2O2i Befween; Thota Rajaiah @ Tota Rajesh 5/o Ramakrishna Aged 29 years, Occ: Business R/o 4-l9l,Tatipaka Santhamarket Road, Tatipaka Razole E 6 District ... Petitioner/Accused Nos.2 And I z, Rejii.isde!'ry$/-Efa'drrr.$,6'_fr .ffiiff eft MEMORANDI]M OF COMPROMISE
1. The petitioners and the Respondent No 2 who is complainant in cr No 518 of 2021under misconception lodged a complaint with l't respondent police simply. for the reason that the petitioners have not responded to his phone calls suspecting that the petitioners/accused have taken his premises oR rent to use for illegal purposes. Later the complainant realizedthat the petitioners/accused since not available in City when he has visited the rental premises and called them over phone they could respond his calls and not for any other reason and also the petitioner/accused have taken his premises on Iease for genuinely using for their licensed business and they have obtained all necessary permissions from the departments concemed. Therefore on the advise of elders and well wishers the respondent No 2/defacto complainant has decided to seek permission of this Hon'ble court for compounding of oifence against the petitioners/accused by way of flrling this joint compromise memo G t"*^f , ) -=,-:.a-"f?':_!-, 2 The petiti )ner'laccused and the 2od respondent /defcto complainant have declared that thcl aro no disputes between them and no claims u,hat's so ever against n The petiti,)ner-s /accused and thij' 2od respondenVdefacto complainant have each other. 3 mufually agreed tJrat thev rvill not filed any case against each other in future 4 In the abt,ve lacts and circumstances the petitioners/accused and the 2nd respondent/drifact r complainant praying this Hon'ble Court to permit them to compound the of bncc and quash the Crime No 518 of 2021 aplainsr the petitioners /accused in thc int:rest ofjustice Hence this compr, )nlis,) memo Hyderabad 30-t2-2024 ' G.{o*b^ f -'-k R.espondent No 2 Counsel for respor rdenr. No 2 p P<ititionors/A2 /Jv- /'t '1'v t Counsel for petitioner/A2 V