✦ High Court of India · 10 Feb 2025

The High Court · 2025

Case Details High Court of India · 10 Feb 2025

State of Telangana, through S.H.O., tvlusheerabad Police Station, Hydera.bad District, rep. By Public Prosecutor, High Court, Hyderabad. A.Shilpa, d/o Aluda [t/lurugan, aged about 28 years, Occ Private Employee, residing at 11-6-497 , Nampally,-KH market, Nampally, Hyderabad , TG,- 500001". Presently R/o H.No. i-l-goqts, Friends Col6ny,'Ram Nagar, lVlusheerbad, Hyderabad. Petition under Section 528 of BNSS Act. 2023 praying that in the circumstances stated in the l/emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Spl.S.C.No.57 of 2023 on the file of the Vl Additional Metropolitan Sessions Judge at Secunderabad. ...Respondents/ComPlainant I.A. NO: 2OF 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 including the appearance of the petitioner in Spl.S.C.No.57 of 2023 on the file of the Vl Additional Metropolitan sessions Judge at secunderabad, pending disposal of the Criminal Petition. r l.A. NO: 3 OF 2 025 BETWEEN: A Shilpa, dlo N,lLda Murugan, aged about 28 years, Occ privat: Employee, residing at 11-)-497, Nampally, KH market, Nampally. Hyderahad , TG,_ 50000'1 Presently R/o H.No. 1-7-90415, Frrends Colony. Ram lrlagar, lVlusheerbad ll'rderabad. ...Petitioner/Respondent No.2 in lA.Nos .3 &4 of 2O25 AND

1. 9arude Ajay l, Lrmar. S/o Late Garude Rohit Lal, Aqed abour 31 vears. occ Plvate _ Job _ (Perman ent)Rlo1 -6-29711/1 . Zamiiasthapur Ni:ar ' Fish Market,Boya C Lrda. Musheerabad. Hyderabad. 500020, prbsr nflv residino at Ll No 3-12.3\'412. Gokhale Colony and TS colony ndar O_fr4"art, Ramanthapur, Hyderabad.

2. The state of 'felangana, ...RespondenUPetitioner in IA.Nos,3 &4 of 2O2S _through s.H.o., IVlusheerabad r)orice Station, Hyderabad Dis rict, rep. By public Frosecutoi, High Court, Uyderabad f' J ... RespondenURespondent No.1 in lA.Nos.3 &4 of 2O2S Petition under Section 359(6) of BNSS Act, 2023 prayirtg that in the circumstances stated in the lt/emorandum of Grounds of criminai- petition, the High court may be pleased to permit the petitioner to compound the Ulsec. 376(2)(N) 417, 420 of IPC and Sec. 3 (2)(v) of sc/sr (poA) Act anJ to quash the proceedings in Spl.s l No 57 of 2023 on the file of the vl Additionirl lvleiropolitan Sessions Judge at Secunderabad, in the interest ofjustice l.A. NO: 4 OF 202 5 Petition under riectron 359(2) of BNSS Act, 2023 prayinl that in the circumstances stated rn the Memorandum of Grounds of criminai petition, the High Court may be pleased to record the compromise and io quash the proceedings in Spl.S.t).No.57 of 2023 on the file of the Vl Addrtiorral IVletropolitan Sessions Judge at Se,;rrnderabad, in the interest of justice. This Petition crrrring on for hearing, upon perusing the I\4emorandum of Grounds of criminal Fetition and upon hearing the arguments of sri B Anil Kumar Yadav, Advocate for tire Petitioner and the Additional public prosec.rtor on behalf of the Respondent No..1 and of Ms. p Anitha, Advocate for the Resp.ndent No.2. The Court made the following: COMMON ORDER '1.. HON'BLE SMT. JUSTICE JUWADI SRIDEVI t.A.Nos.3 and 4 of 2025 in/and CRIMINAL PETITION No.1083 ot 2025 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioner/accused to quash the proceedings against him in Spl.S.C.No.57 of 2023 on the file of Vl Additional Metropolitan Sessions Judge at Secunderabad, registered for the offences punishable under Sections 376(2Xn), 417' 420 of IPC and Section 3(2) (v) of SCs/STs (POA) Act, 20'18.

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 parlies have compromised the matter and accordingly, l.A.Nos.3 and 4 of 2Q25 have been filed to record the compromise between them and to compound the offences.

3. Vide order dated 29.01.2025, 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. I I t , 2

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Corrrt Legal Services Cornmittee, has identified the parties and submitted a report, dated 03.02.2025 and the same is placed on record.

5. ln view of the above, l.A.Nos.3 and 4 of 2O2S are allowed. Consequently, this Criminal petition is allowed and the proceedings against the petitioner/accused in Spl.S.C.No.57 of 2023 on the lile of Vl Additional Metropolitan Sessions Judge at Secunderabari are hereby quashed. [\/iscell;rneous applications, if any pending, shall stand closed t \ To, //TRUE COPY// Scl/- V. KAVITHA ASSISTANT REGISTRAR I'\i'v 0 SECl'ION OFFICER Hyderabad

1. The XVll Add ti tnal Chief Metropolitan Sessions Judge at Hydr:rabad 2. The Vl Additior zrl lr/etropolitan Sessions Judge at Secunclerabad 3. The Station Ho rse Officer, Musheerabad police Station, Hyder;,rbad 4. The Secretar^y tligh Court Legal Services Committee, .High C ourt Buildings, 5. Two CCs to th: Public Prosecutor, High Court for the State o, Telangana at 6. One CC to Sr Ii Anil Kumar Yadav, Advocate [OpUC] 7. One CC to I\4s. F' Anitha, Advocate [OPUC] 8. Two CD Copies Hyderabad [OL T] Arc"ewith a copy of Joint Memo of Compromise ADK \p, i I & a jf :.1iry'argtaaa -_.r;-: I 1 ..: tt- t HIGH COURT DATED:10102t2025 COMMON ORDER r. j l.A.Nos.3 and 4 of 2025 ln/and CRLP.No.1083 of 2025 i . I-"i I ( (J 0 / hir ::i5 '.:..., ,l: j:, .\ \:t ALLOWING THE CRLP AND tA.NOs.3 & 4 OF ZO25 \\ t:rr: IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl.P.No. against Spl. S.C.No. 57 of 2023 (on the flle of the VI Addl. Metropqlitan Sessions Judge at Secunderabad) of 2025 Between: Garude Ajay Kumar s/o Late Garude Rohit Lal Aged about 30 years, occ: Private lob r/o H.No. 3-12-331412, Gokhale Colony and TS colony, near D-Mart, Ramanthapur, Hyderabad .. Petitioner/Petitioner 'l 1) The State of Telangana, through S.H.O., Musheerabad Police Station, Hyderabad District, rep. By Publil Prosecutor, High Court, Hyderabad. 2) A.Shilpa d/o Murugan, aged about 28 years Occ: Private Employee, r/o H.No. l-7-90415, Friends Colony, Ram Nagar, Musheerbad, Hyderabad. : .. Respondents/Respondents ]OINT MEMO FILED BY THE PETITIONER AND RESPONDENT N0.2. 1) It is submitted,that the 2nd respondent lodged a complaint before the Musheerabad Police Station, Hyderabad on 12-2-2023, basing on which, the police registered a case in FIR No. 7217023 and later filed charge sheet bearing Spl. SC No. 57 of 2023 2) It is submitted that during the pendency of the above said case, the sister and brother-in-law of the 2nd respondent herein have proposed to perform the marriage of the 2nd respondent with another boy as the parents of the 2nd iespondent passed away and the date of marriage is likely to be fixed any moment. Further due to the above said case, the relationship in / I -2- between the [,etitioner unO ttr" 2nd respondent a straineJ' But the 2nd 'respondent anticipating that the pendericy ofthe ab in the way of her futu ove said c;:se would come ffil* 1T ;i ; *::ri,,:m:.,ffi JT,*, *Jr;T tu'o case unconditionallr setflement, no p ,.pose *,u rurd be serveo ;;ffi ""';,J ::.::i::r:.. Hon'ble court mav be 3) [n view of the ab it is praved that this pleased to recor' ;:;t'" and quash rhe p;, 57 ot 2023 on :he fire ::"1,r. secunderabad, in r,e inre,elrt jnJ:j; ;:ffi T1: ;,,:'j,:; :? 5r''''rb d -i\.'\ L-.*-t\ couNsEL oon rHf ^Ai-' PETMIONER e N COU SEL FOR THE IiESPONDENT c ONER / t^ - ot-r !a \_ 'r. -#) SPONDENT I n- s^\rf"-) -:-- -- - li':: \- w I I I i i

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