The High Court · 2025

Smt. D. Hymavathi, Wo. Late D. S. Chandra Mohan Reddy, Aged 55 years, Occ.Business, Rio. H. No. 1-1-380111, Ashok Nagar, Chikkadpally, Hyderabad - 500020 Currently residing at Plot No. 840, Road No. 41, Behind Peddamma Temple, Jubilee Hills, Hyderabad, Telangana - 500033. ...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 528 of BNSS., praying that in the cir;umstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the criminal proceedings in C.C.No.4:142 of 2021, dated. 16.11.2019, pending before the Additional Judicial Fitst-Class [tr'lagistrate, Siddipet, at Galwel l.A.Nos2& 3OF2025: Between: Mrs.. D. Hymavathi, Wo. Late D. S. Chandra Mohan Re ddy, Aged 55 years, Occ.Business, R/o. H. No. 1-1-380111, Ashok Nagar, Ctrikkadpally, Hyderabad - 500020 Currently residing at Plot No. 840, Road No. 41 Behind Peddamma Temple, Jubilee Hrlls, Hyderabad, Telangar a - 500033. ...PETITIONER/RESPONDENT/DE-FI,CTO COMPLAINANT AND 2 1 Danthapally Vijaysen Reddy, S/o. Late D. Suryaprakasl Reddy, Aged 68 years, Occ: Business. R/o. H No. 1-1-380111, Ashok Nagar, Hyderabad, Telangana - 500020. Danthapally Rohit R.eddy, S/o D Vijaysen Reddy, Agec 30 years, Occ: Business, R/o H No. 1-1-380/1 1, Ashok Nagar, Hvderabad, Telangana - 500020 Nagalingaraju, S/o. Vekataraju, Aged about 40 yrs, Occ Private Job, R/o. celebrity Club, Shameerpet, Medchal. Harry Joseph, S/o Susairaj, Aged about 36 yrs, Occ: P-ivate Job, R/o. Celebrity CIub, Shameerpet, Medchal. J 4 E b 7 Gogula Venkata Naga hrlohan,S/o Venkateshweara Rao, Aged about 40 years,Occ. private job, R/o Celebrity Club, Shameerpet Medchal Ravi Pandey, Aged about 42 yrs, Occ. Private Job, Rio celebrity Club. Shameerpet, Medchal. Kavali Shathaiah, S/o. Kurmanna, Aged about 36 yrs, C)cc. Private Job, R/o. 3-413,Kasvaligudiselu village, Peddamandadi mandal. tMaddigatla,Mahabubnagar.Telangana- 509382 (C.T.arnended as per Court orderdated 10.03.2025,vide1A.No.4 of 2025 inCrl.P.No.892 of 2025). ...RESPONDENTS/PETITIONERS/ACC:USED No.1 to 4,6 & 7 B. The State of Telangana, Represented by Police lnsl:ector, Police Station,, Jagadevpur through Public Prosecutor, High Cc urt for the . State of Telanganaat Hyderabad. ... RESPO I.I D E NT/RESPON D E NT 4, PRAYER IN IA NO.2 OF 2025: Petition under Section 359(6) of BNSS.,2023, 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 for compounding the offenses in C C.No 4342 of 2021, on the file of the Court of the Judicial Magistrate of First Class, Gajwel. PRAYER IN IA NO.3 OF 2025: Petition under Section 359(6) of BNSS.,2023, praying that in the circumstances stated in the Memorandum of Grounds of Crimrnal Petition, the High Court may be pleased to record compromise and quash the criminal proceedings in C.C.No.4342 of 2021 , on the file of the Court of the Judicial Magistrate of First Class, Gajwel. lN lA Nos.2 & 3: COUNSEL FOR THE PETITIONER , SRI T.P-S.HARSHA COUNSEL FOR THE RESPONDENTS, SRI NALAN4ALPU PAVAN KRISHNA REDDY This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NALAMALPU PAVAN KRISHNA REDDY' Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No. 1 and of Sri T.P.S.HARSHA, Advocate for the Respondent No.2 The Court made the following: ORDER THE HON'BLE SHRI JUSTICE ANIL KUMI\R JUKANTI I.A.Nos.2 and 3 of 2o25 ln and CRIMINAL PETITION No.892 OF ,1025 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to quash the proceedings agains, petitioners/ accused Nos.l to 4, 6 and 7 in C.C.No.4342 c,f .102 I on the file of the Ac.lclitional Judicial Iiirst Class Magistrirte, Siddipet at Gajwel 2 . Heard Mr. Pavan Krishna Reddy, learned counsel for the petitior-rers, Mr. TPS Harsha, learned counsel for respondent No.') and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor lbr thc rcspondent State. Pertrsed the record

3. On the basis of a complaint dated 3. .08.20 19, the Station House Officer, Jagdevpur, registered FIR No.103 of 2019 under Sections 447,427 read with 34 c,f lndial Penal Code, I 860 (for 'IPCJ. De-facto complainant/ r'espondent No.2 rp*ested the SHO to i I I I i I I I i I t I ! I 2 JAK, J CRLP E92 2025 investigate the trespass acts of accused Nos.l to 7 along with their henchmen in the subject iald with survey numbers. It is the specilic case of the complainant that she along with her daughters are the jornt owners of land admeasuring Acs.2O4.28 guntas in various slrrvey numbers at Munigadapa Village, Jagadevpur Mandal, Siddipet District. It is further stated that the matter was settled before the Lok Adalat, City Civil Court, in LAC No.350 of 2Ol9 rn O.S.No. 121 of 2O 1B or-r 25.03.2019. The accused Nos. 1 to 7 trespassed, threatened, physically harmed petitioners, warned that they would be met with dire consequences ar-rd abused in filthy language.

4. It is averred that accused Nos.1 ald 2 committed the offence of criminal defamation. That accused No.1 transferred his share of land to the complainalt and complainant's daughter, under a compromise before Lok Adalat and they received their shares. That in contravention to Lok Adalat Award, they committed the acts. A charge sheet is filed under Sections 447 , 427 read with 34 IPC l I I I ' 3 JAK. J cRl.P 892 2025

5. On the previous occasion, when the malter carne up, learned counsels appearing on behalf of accused Nos. 1 to 7 and de facto cornplainant submitted that part cs are willing to compromise the matter. By order dated 1 O 02.2025, this Court directed learned counsels on record ro be present before the Secretary,, High Court Legal Servic<'s Committee, along u,ith parties for identilication. A report is submitted by the Secretary, High Court Legal Services Conrntittee, dated 14 .O2 .2025, which is as follows: "lr is respcctfulll. submittcd that Sri Tf S Harsha, Counscl for thc Petitioncr :ucl Sri N. Pava n Krishna Reddy, Counsel for the Respondent Nos. 1 r.r 6, have appcarcd beforc me todaf i.e. on l4-O2 '2()25, in obediencc to thc orders clated 10 02 2025 of thc Hon'ble High Court for the St:Lte of Telangala, along uith their respecLivc partics rvho are being rdentified by thcrrL. I have ve rihed thc partrculars of Irel itr)ner D. Hymavathi (Aerclhar Card), Re spondcnt No. 1-t anthapalty Vijal.sen Reddr, (Aarltiar C:rrd), Respor-rcl .nl No.2- Danthapally Rohit Recld,v (Driving License), Ficspondent No.3 Nagalingaraju (Aadhar Card) arrd Rosponckrnt No.4- l-larry Joseph (Aaclhar Card). Responclcr.rt No.5 Ravi Pandcy did noI a1_ pr:ar today aurd therefore his identification could not be dorc. It rs further submittcd that ni]rne of the flcspondent No.6-Kava-li Sathaiah is not tallvrng rvith the A:Ldlrar Card (Kavali Shalthaiah) producecl by him, for that r he learned counsel stated that thcy will filc an amcndm( llr petition before the Hor.r'ble Court. Hcnce, he cou d not be identified. Pctitioner and Respondcnt Nos.l to z rLre duly identrficd a:nd copies ol their Aadhar Carcls/Driving Licensc ue endorsed b)' their rcspective counl;cl and the same ar(' encloscd hercrvith. Thc copies oI [derrtrry Cards of thc respective counsel are also cnclosed herewith. When asked, PetiLioner and Respondent Nos.I to 4 stated that the) have rvillfully and without any coercion entered into Cornpromisc. 4 JAK, J CRLP 892 2025 Accordingly, Petitioner and Respondent Nos.1 to 4 are identihed and Respondent Nos. 5 & 6 are not identified. Hence the report."

6. I.A.Nos.2 and 3 of 2025 are filed to record compromise and compound the offences and quash the proceedings in C.C.No.4342 of 2021 on the file of the Additional Judicial Magistrate of First Class, Gajrn,el. I.A.Nos.2 and 3 of 2025 were accordingly ordered.

7. A .Joint Memo is filed along with LA.No.3 of 2025, which, Accuscd Nos. 1 to 6 and the de facto complainant attested their signatures and learned counsels for petitioners/ accused and de-facto complainart also attested their signatures in the Joint Memo. The Joint Memo reads as foliows: "lt is submrtted that the petitioners herein filed the abovc captioned criminal pctition praying for quash of the C.C.No.434212O21 in FIR No l03 of 2019 dated 31.08.201S It is humbly submittcd lhat respondent/de facto complainant tu FIR No. t03 ol 2019 subsequcntly cntercd into compromise lvith the petitioners herein. It is submitted that in view of the disputes between the parties being amrcably settled, both the parlies rcquest this Hon'blc Court to record compromise and quash the charge sheet rcgistered vide C C No.'1342/2021 an<1 t-he parties shall have no claims or rights against each other in futu re. " It is observed from the report that de-facto complainant

8. and respondent Nos.1 to 4 are identified but respondent Nos.5 and 6 are not identified. When the matter was heard in i I i I ffie#rys'7 1 the morning session, it r.r,as brought to the notice of this 5 JAK. J CRLP 892 2025 Court by learned counsel for petitioners / accus:d that in this criminal petition, accused No.7 is arrayed rts one Kavali Sathaiah. S/o. Kurmanna. Reasons recorded stated in the report of the Secretary, for not identif_ving acctrsed No.7 that his name is reflected as Kavali Shantaiah in thr: Aadhar Card (bearing No.3450 1473 OTO\) instead of Ka...ali Satharah. This Court requested learned counsel to present any other documents issued by the State Govern rlenl or by Government ol India.

9. This Court perused the Aadhar Card, rhe pAN Card bearing No.DIWPK993OG and Indian Union Driving Licence issued by State of Telangana bearing No.411,,N4BNR/2007- OD. In all these documents, the name of ac,.trsed No.7 is reflected as I(ava1i Shantaiah. It is observed that. in the pAN Card and other documents, the name of the lather of accused No.7 is reflected as K. Kurmaiah. Ir the arrav of parties in the Criminal Petition, name of his ftrther does not match and it reflects as S/o. Kurmanna. For rhis reason, the High Court Legal Services Committee recr,rded that the name of the party was not identified. 6 JAK, J CRLP 892 2025

10. When queried, learned counsel for petitioners lairly stated that the name of accused No.7 as reflected in the criminal petition is same as reflected in FIR and charge sheet. This Court requested learned cortnsel to file an affidavit stating an oath that he is the same person array'ed as accused No.7 in the FIR I 1. It is also observed that accused No.6 i.e., Ravi Pandey in the criminal petition thougir attested the Joint Memo has noL appeared before the Secretary, his identification could not be done. No document is filed along with the report of Ravi Pandey.

12. Be that as it may, Sections 447, 427 read with 34 IPC are the Sections which are reflected in the charge sheet and the F.I.R.

13. Section 447 of IPC is as follows: "Punishment for criminal trespass.- Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to ihree months, with hne or which may extend to five hundred rupees, or with both."

14. Section 427 of IPC is as follows: "Mischief causing damage to the amount of frfty tuPees'- l JAK, J cRt.P 892 2025 Whoever commits mischief and thereby causes loss o: damage to the amount of fifty rupees or upwards, shall l,e :unished with imprisonment of either description for a term ',t,hich may extend to two years, or with fine, or with both."

15. It is not disputed by learned counsel for de-facto complainant that the parties are intending to s(rttle the issue in an amicable malner. All the parties attested the Joint Memo. All the accused except Ravi Pandey ir the criminal petition were present before the High Court Legal Services Committee. As to K. Sathaiah @ K. Shanthaialr, the dispute is u'ith regard to rccording of name in the docurnents vis a- vis arrayed as party. It is also noted that the rrarne of father of K. Sathaiah f@ K Shanthaiah is Kurmanna i I the criminal petition and it is shor.r,'n as Kurmaiah in the dc,cuments Iiled before the Court. Kavali Sathaiah's Aadhar Jard and his affidavit are taken on record and is present ir Lhe court on the last occasion

16. Even otherwise if the proceedings are pcrmitted to go on except for the identihcation of Kavali Sathiriah and non- appearance of Ravi Pandey, who attested the joint memo, all other accused are willing to compromise the case. It is observed that in the Joint Memo filed, Mr. Rrvi pandey, is arrayed as petitioner/ accused No.6 and atteritcd the Joint 8 JAK. J CRLP 892 2025 Memo, but was not present before the Secretary. This Court requested the counsel for an affidavit on oath along with photocopy of the Aadhar Card (attested by Ravi Pandey).

17. Today, when the matter is taken up, affidavit is filed by Ravi Pandey dated 10.03.2025 and at Paragraph No.7 of the personal affidavit filed, it is stated that he is willing to compromise the crim-inal petition 1B. Perusal of Sections rvould indicate that the offences are punishable vvith a term which may extend to three months or with fine of Rs.500/- or with both in case of Section 447 of IPC and an imprisonment extending to two years or with fine or with both in case Section 427 of IPC. Both Sections are read with Section 34 of IPC. Offences are not major in nature.

19. In view of the Joint Memo filed of compromise rn matter, this Court is of the opinion that continuance of proceedings before the Additional Judicial Magistrate of First Class, Siddipet, Gajwel, in C.C.No.4342 of 2021 are of no consequence and a waste of precious judicial time. For non- appearance of Ravi Pandey before the High Court Legal 9 JAK. J czu-P 892 2025 Services Committee, a fine of Rs.55O/- is imposr:d, payable to High Court Legai Services Committee.

20. With the above observations, this Crimir al Petition is allowed. Miscellaneous applications pending, if an.,,, shall stand closed To, /TTRUE COPY// SD/- MOHD. ISMAIL I)EPUTY REGISTRAR SE OFFICER

1. The Court of the Additional Judicial First-Class Magistrate,at Gajwel, Siddipet.

2. The Station House Officer, Jagadevpur Police Station, Stddipet district. 3. Two CCs to the Public Prosecutor, High court for the Slate of Telangana at Hyderabad [OUT]

4. One CC to SRI NALAMALPU PAVAN KRISHNA RE[)DY, Advocate [OPUC] 5. One CC to SRI T P.S. HARSHA, Advocate [OPUCI 6. Two CD Copies pcsd/gh HlGH COURT DATED:1010312025 ;- '' i sl 4,( o,. 1 0 sEP 2025 : , ORDER lA Nos.1 & 2 lN CRLP.No.89Z ot 2025 ALLOWING THE CRIMINAL PETITION