The High Court · 2025

Petiti<lnurc]erSectionS2SofBNSS,2023ptayi.lgthatiltheCircumstances stated in the Merrorandum of Grounds of criminal Petition,the High court may be pi"r."O to STAY all further proceedings including al)pearance of. fne Fetitioner/Ar;cusr>dinSC.No. 1724of 2022onthefileof FastlrackSpecial Judge for irial and )isp,:sal of RAPE and POCSO Act Cases at Malkalgiri': Thest: Petitions coming on for hearing,upon perusint; tre Memorandum- of GroundsofCrinrrnalPetition-sanduponhearingthearguml.lntsofSriAKKAM iSiWnn /\dvocate for the Petitioner in both petitions Sri Surepalli Prashanth, Asst. Public Prosecutor on behalf of the Respondent No. '1 irr both petitions and Sri Rfsar Ycusuf Zahi' Advocate for the Respondent NoS.2 & l1 in,both petitions; The Court made the following: ORDER THE HON'BLE SHRI .IUSTICE ANIL KUMAR.IUKANTI CRIMINAL PETITION Nos.882 and 886 of 2O25 COMMON ORDER: Criminal Petition No.882 of 2025 is hled under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short tsNSS) by petitioner/ accused to quash the proceedings against him in S.C.No.953 of 2022 on the file of Fast Track Special Judge for Trial and Disposal of RAPE and POCSO Act Cases, at Malkajgiri. The offences alleged a-re under Sections 366, 376(21(i) of Indian Penal Code, 186O (for short 'IPC') ar-ld Section 3 read with 4 of Protection of Children from Sexual Offences, 20 72 (for short ?OCSO Act')

2. Criminal Petition No.BB6 of 2025 is fiied under Section 528 of BNSS by petitioner/ accused to quash the proceedings against him in S.C.No. 1724 of 2022 on the file of Fast Track Special Judge for Trial and Disposal of RAPE and POCSO Act Cases at Malkajgiri. The offences 2 JAK, J CRI-Ps 882 Eti6 2025 \ a-lleged ar3 urrder Sections 366, 376(2\(n) ancl 506 ol IPC and Sectic,n 5 r'ead with 6 of POCSO Act,2OI2'

3. Heald lMr, Akkam Eshwar, learned counsel for petitroner M'- r\fsar Yousuf Zahi, Iearned counst:1 for respondertt N os.2 and 3 and Mr. Surepalli Prashirnth, learned Assistant Public Prosecutor for the respondent - State in both the criminal petitions. Peruseci thc rna.terial on record 4^ Two conrplaints are fiied by Smt. Deravath Bha: athi- respondelll lL:.3. one in December, 2O2O artd sr.cond compiaint in ()ctober, 2022, acctsed is the same' Proceedin gs alisinq out of First comPlaint:- Crl. ).Nc,s;.882 of 2025 is for quaslring/stay of proceedings irt S.C.No.953 of 2022. S'C.No.953 of 2022 arises ou- ol Orime No.S19 of 2O2O. Complainant is Sm'"' Deravath Bhtr-rathi. It is stated in the complaint that her daughter Der zLvath Sandhya Rani left the house rvi lhout infornring an1,body. That she suspects one l\'Ir. Abhi I ,1 3 JAK, J CRLPs 882 886 2A25 residing in Baba Nagar. Hence, the complaint for necessa4/ action. Proceedinss arisins out of Second com plaint: - Crl.P.No.BB6 of 2025 is for quashing/stay of proceedings in S.C.No.1724 of 2022. S.C.No.1724 of 2022 arises out of Crime No.453 of 2022. Complainant 1S Smt. Deravath Bharathi. It is stated in the complaint that pursuant to the earlier complaint dated 28. l2.2O2O (registered as Crime No.519 of 2O2Ol about her rnissing daughter (Deravath Sandhya Rani), Police had safely handed over her daughter and remanded one Mr.Abhishek, resident of Baba Nagar That on IO.LO.2022 at 1 1'o clock, she founC her daughter missing. She reaJized her daughter took few clothes, few ornaments and left the house and she suspects one Mr.Abhishek

5. FIR No.435 of 2022 was registered on 10.1O.2O22 at Nacharam Police Station, on complaint filed by respondent No.2. Charge sheet is filed on 07.12.2022. On a perusal of the charge sheet, it is observed that the complainant is mother of respondent No.3. The allegation is that 4 IAK,.I CRIPs 882 88('2025 \ petitioner/accrlsed has induced her daughterT'resp'cn'1ent No.3 by chea..ing her in the name of love, had sexual intercoursr: ar 11 eioped with her daughter to Kharnnram ' Various dzrtes :f incident are stated in the charge s;heet and Sections iyt6, 376(21(n) and 506 of IPC arLd Secti'rn 5 read with 6 oi POCSO Act, 20L2, were charged agr'rinst petitioner/ acc : seci.

6. In the SI)LC Marks Memo of the girl, date of birih,of the girl s l.10.2004. Accused is apprerhendecl

15.ro.2022

7. Two Metrtos arc fi1ed, one in Crl.P No.8B2 of ')-O25 in Crl.P.No.886 of 2025' and one 'loint afhdavit / settlt:tnent are filed in both ttre crirninal petitions. Ihe .Ioint aflidavit/ settlement are signed b''' the accuseci, :espondent No.3 and their counsels, ttLel' are annexed rvitl-r the Memos. The contents of ' Ioint affidavit/ settlt:lnent are similar (except fo r thr: case numbers ,and ,:rime numbers). The contents of the ,.Ioint 5 JAK, J CRLPs 882 886 2025 affidavit/settlement in Crl.P.No.886 of 2O25 are extracted, which are as follows: "2. It is submitted that the Petitioner/Accused herein fi.led the above Quash Petition seeking to quash the proceedings in SC.No.1724 of 2022 on the file of Hon'ble Fast Track Special Judge for trial and Disposal of RAPE and POCSO Act Cases at Malkajgiri, registered for the offence U/Sec. 366, 37 6(2)(n), 506 IPC, Sec.3 rlw.4 of POCSO Act, 2012. The Respondent No.2/Complainant has lodged the above case against the Petitioner. 3. It is submitted that at the instance of elders and well-wishers, both the parties come forward to settle the matter amicably and the Respondent No.3 agreed to settle the issue to quash the proceedings as both i.e., Accused and victim girl are got married and living together and they also blessed with baby girl on 23.03.2024 and [ving happily along with child and laws. Therefore the victim parents arrd in girl/Respondent No.3 have no objecLion to quash the proceedings in SC.No.1724 of 2022 on the .&le of Hon'ble Fast Track Specia-l Judge for trial and Disposal of RAPE and POCSO Act Cases at Malkajgiri registered for the offence U/Sec.366, 37 6(21 (n),5O6 tPC, Sec.3 r lw. 4 of POCSO Act, 20 12 pending against the Accused. Further, a joint affidavit signed by petitioner and the Respondent No.2 is also filed herewith for the kind perusal of tJle Hon'ble Court. 4. I submit that the defacto complainant being the mother of the 3rd Respondent/victim girl is not in good terms with the deponents herein as the said marriage was performed her wishes and hope she would bless the deponents in future. 5. I submit that we are leadiag happy marital life along with our parents/in-laws and we also blessed a baby girl and leading happy marital life, if the criminal proceedings are continue against the accused it has no fruitful exercise and no scope of conviction in view o[ our settlement, therefore this Hon'ble Court permit us to settle the matter and quash the proceedings. It is therefore prayed tJ:at the Hon'trle Court may be pieased to record our setflemenl, that the Petitioner and 3.d Respondent/victim girl i6siding together along with their blessed daughter and Quash the proceedings in SC.No.1724 of 2022 on tl.e hle of Hon'ble Fast Track 5 .AK, J CRL'Js 882 886 2025 SpecieJ Jri<lge for trial arrd Disposal of RAPE and POCS(I Ac t Cases at Malkaj grri and pass such other orderT ord".. as thc Hon'ble Court may deems ht and propel- in the Intercst of Justice " It is r;ubrr itted by learned counsel for per-ition'er that

8. the couple i.e, accused/ petitioner and respcndent No'3 are leadintl a happy married life, blessed with a baby girl' That the oont lluance of proceedings before the crinrinal Court, rvoulcl only be an abuse of process of larv and would not be in the interest of both the parties lt ir" not disputed tr\r tl.t': counsel for respondent nos'2 and 3 that respondent No.3 and accused are married, bk:ssed with a child, staYing l,lgether. g. Learned t:ounsel lor petitioner has placecl reliztnr':e on the judgment rn Pankai a. State of tlttor Pradesh)t and on order F)ass,rd by a learned Single Judge of this C:or'Lrt in Crl.P.No.41 56 f 2O2O.lt is submitted that learned S;ingle Judge of t.his (lourt by order, dated 13' 10'2O20' queLshed the proct:editrgs, wherein facts were ideni-ical tc the present czrse. L,earned counsel seeks similar directions' t ^.pplication lJ's ,182 ].lo.9i'1i/2021 / 7 JAK, J CRLPs 882 885 2025

10. In Gian Singh a. State of hnjaV, a three Judge Bench the Apex Court while dealing with the issue of quashing of proceedings at Paragraph No.61 of the judgment held as follows: ". ..lnherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engra-fted in such power viz. : (r) to secure the ends ofjustice, or (i) to prevent abuse of the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender ald the victim have settled their dispute would depend on the facts alld circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravit5r or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature arrd have a serious impact on society. Similarly, any compromise between the victim ald the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc. calnot provide for any basis for. quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, parLicularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash tJle crirninal proceedings if in its view, because of the compromise between the offender and t1e victim, the possibility of conviction is remote a;rd bleak and continuation of tJ.e criminal case would put '(2012) ro scc 303 8 JAK, J CRI-PS 882 8ti6 2025 \\. the E.ccused to great oppression and prejudice and extrerre injustice would be caused to him by not quaslrlng the criminal case despite full and complete settlemen. ar-rcl compromise with the victlm ltr otherr wordr;, tho Hrgh Court must consider whether i: would be unfair or contrary to the interest 'of jus'tice to contr.rlue *ith the crimina-l proceeding or contilluation of the crirninal proceeding would tantamount t() abuse of pr,;cesr; ol law despite settlement and compromise betwt:en the victim and the wrongdoer and whether to securc the cnds of justice, it is appropriate that thc criminal casc is put to an end and if the answer to thc abovt: qut s'tion(s) is in the afhrmative, the High Court sha-ll be rvell within its jurisdictron to quash the criminal p roceeding." I 1. The saitl position of law is reiterated ly the APex Court in its recent judgment tn K. Bharathi Devi and another u. Stqte of Telangana and another4.

12. This Co'rrt referred the matter to High Court .Legal Services C:omrlittee to verify the particulars of the ac(rused and resp,rndont No.3. A report, dated 05.03.21)2>, is placed belbre this Court and it is observed from the r':port that partir:s are n,illing to compromise the matter, 'wi:hout any coercion zuld they entered into a compromise.

13. This Court is conscious of the fact of the offt,:nces registered against accused on the complaint ol resporldent No.2 who is 1he mother of respondent No.3. But, iIr the r lzoza; ro scc::r+ 9 JAK, J CRLPs 882 886 2025 facts and circumstances of the case, it would be unfair and contrarJi to the interest of justice to continue with the criminal proceedings as they ',vould tantamount to abuse of process of law,/Court despite settlement and compromise between the petitioner/accused and respondent No.3. To secure the ends ofjustice, this Court deems it appropriate that the criminal proceedings have to be put to an end in the facts and circumstances of the CASE.

14. On considering the entire factual matrix of the case and in view of the Apex Court judgments and order of the learned Single Judge of this Court in Crl.P.No.4156 of 2020, the Joint affidavit/ settlement filed before this Court by respondent No.3 and accused in both the criminal petition Nos.882 and 886 of 2025, both being ma-rried, blessed with a child, living happily and the report of the High Court Legal Services Committee, this Court is of the opinion that continuation of proceedings in S.C.Nos. 1724 and 953 of 2022 on the file of Fast Track Special Judge for Trial and Disposal of RAPE and POCSO Act Cases at t I t0 J,\K, J CRLPs 882 ti86 2025 \ Malkajgiri, wor-ild be abuse of process of 1aw7 Court r:'nd are liable tc, be cruashed and are accordingly, quashed"

15. For tl-re eloresaid reasons, these Criminal Petiti ons are allowed Miscellaneous applications pending, if arly, s'hall stand closed I I To, SD/- MOHD.ISMAIL DEPUTY' REGISTRAR //TRUE COPY// SECl'ION OFFICER

1. The Fast Track Special Judge for trial and Disposal of RAPE rand POCSO Act Cases at Malkajgiri

2. The Statiorr House Officer, Nacharam P S , Rachakorda 3. One CC to SRl. AKKAM ESHWAR Advocate IOPUC] 4. One CC to SRI.AFSAR YOUSUF ZAHI Advocate [OPUC] 5. i;; ccs tr PUBLIc iRosEcuron, High court at H'vderabad (oUT) G. Two CD C,:pies VSM/PSL HIGH COURT DATED:1 0't0312025 \ , ,.<-_7= .,/ - )L 1 .J' S i-A:16: ,,Y o 2\ il\h\ 2$6 , .l' ) i. + r,-. \.- "r. +,1 .c,'it,.," tt t:'' <',:"' ' -t'/ ORDER GRLP.Nos;.882 & 886 ot 2025 ALLOWING THE CRIMINAL PETITIONS e