State of Madhya Pradesh v. Laxmi Narayan and others

The State of Telangana' n:fi ""'""*:l[],i':;il:x*1"n'"'Btl?!o,-",,nn,n, Smt. G Narsaveni, Wo Voju Narendra Chary' 4".. SZ vears, Occ. Pvt EmPloYee' n7o U.No 18174, Road mestrynagar-b'- . g:uri*:mru";ffi r',fi :5 # iil"iil?ln? li"Ji;, - 5 5 ^ R",p o n d e nucom p,a i n a nt Petition under Section 482 oI Cr'P'C praying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmay be pleased to call for the records pertaining to the CC'No 3960 of 2020 Dated 2411112022, of Jagdgirigutta P'S on the file of the lll Additional Junior Civil Judge -Cum XIV Additional Judicial Magistrate of first class at Kukatpally and quash the same t.A. NO 2 &3of 2025 Between 1 2 ip-ri1*ili#iflil ilrfi :[ " ^ " E?,?lilil,,Til,ryfi'"i,fi :ilii[,;j?_i j;,,;"f,e.,_., The State of Telanqana ilA',j::#:?,llJE5#jJ? #,.,"^TBIJ?I,o,,u,,nn"n, . . . Petitioner/ Defacto-Complainant And RespondenURespondent ' 5;5 i,iiEl3",i, LY# I;::",ta .? t?% ' fi# T," tT;il:*S,1lil,@^y8,Hf,[:?t ' sli,i*I,#,,lrn! :^'g#{Inxx1" " o cc B u s i n e s s, "... % "" H o u se wire, n "' F83"il3"6'il,'f-:,1[",9] Amberpet, Hyderabad-15. H N 2 -3 -7 34 t B t 42. 4 Pjlfllll_ue"*ate.sh @ Venkanna, El,? "#r1g'7;t.?iT5:1"'aw or R2' R/o H.No. 12_1_NSS7 Lakshmi Nagar lalpet,' secunderabad_5000.1 7. I.A, NO:2 OF 2025 .. Respondents Petition under section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to permit the petitioner to compromise the case in cc.No. 3960 0F 2020 Dated 24t1112022 Jagdgirigutta p.S. on the fire of the ,r Additionar Junior civir Judge -cum XrV Additionar Judiciar Magistrate of first crass at Kukatpary by compounding of section 4g8_lpC and 3,4 Dp Act. t t.A. NO J oF 2025 PetitionunderSection35g(2)ofBNSSprayingthatinthecircumstances StatedintheMemorandumofGroundsofCriminalPetition,theHighCourtmay be pleased to Record the compromise in CC No 3960 of 2020' Dated 24tllt2o22,JagdgiriguttaP.S.onthefileofthelllAdditionalJuniorCivilJudge- Cum XIV Additional Judicial Magistrate of first class at Kukatpally' by compounding the offence in terms of compromise ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of criminar petition and upon hearing the arguments of sri Bhoopathi Raniith Kumar, Advocate for the Petitioners in Criminal Petition '1981 of 2025 and for Respondents 1 to 4 in lA 2 and 3 of 2025 and the Assistant Public Prosecutor on behalf of the Respondent No 1 in Criminal Petition 1981 of 2025 and Petrtioner No.2 in lA 2 and 3 ot 2025 ' and of Sri K' Kiran Kumar Reddy' Advocate for the Respondent No'2 in Criminal Petition 1981 of 2025 and for Petitioner No 1 in lA 2 and 3 of 2025- The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos. 2 AND3O F 2025 ln/And CRIMI NAL PE TITION No. 1981 oF 2025 coMMON ORDER This Criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023,) seeking quashment of the proceedings in C.C No.3960 of 2020, on the file of the lll Additionar Junior civir Judge-cum-XrV Additionar Judiciar .\,agistrate of First Class, Kukatpally, against the petitioners. 2. The petitioners are arrayed as accused Nos.1 to 4 in the calendar case registered for the offences punrshabre under sections 4gB_A of the lndian Penal Code, 1860, and Sections 3 and 4 of the Dowry prohibition Act,'l 961. 3 Heard Mr Bhoopathi Ranjith Kumar, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional public Prosecutor, representing the respondent No.1-State and tvlr.K.Kiran counsel for the respondent No.2/de_facto Kumar Reddy, learned complainant. 4 Pending this petition, the pa(ies have entered into the compromise and, accordingly, respondent No.2/de_faclo complainant filed I.A.Nos.2 and 3 0f 2025 with the prayer to permit them to enter into compromise and by recording the setUement to quash the proceedings against the petitioners/accused Nos.1 to 4 in C.C.No.3960 of 2020. 2 Nn{J 1..4.N0t.2 a ) of 2025 in/and Gt.t,.No. 198t c,J 2025 {

5. This Court vide order dated 05 03 2025 referred the petitioners to theHighCourtLegalservicesCommitteeforidentificationoftheparties and to verify the voluntariness in arriving the settlement The Secretary' High Court Legal Services Committee' has submitted report dated 07.03.2025 stating that the parties are identified by their respective counselandalsoonVerificationofAadharCards/ldentityCardsandthe enquiries reveal that the parties have willful and without coercion entered into settlemenVcom Prom tse 6 I have considered the submissions of the learned counsel and perused the materials on record

7. Having considered the allegations' the charged offences' which are essentially matrimonial and inter-personal in nature and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v' State of Puniab and anotherl and Anil Mishra v' State of lJ'P'2: State of Madhya Pradesh v. Laxmi Narayan and others3' this Court is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr 'P C 1528 of BNSS, 2023, would be in the interest of justice' | 2012 (1O) SCC 303 'z zo24 INSC 189 3 2019 (s) scc 688 3 Nrt/ [..1.10.t.2 and l ol 2025 in/tnd Cr/.PNo. / 981 of 2025 B. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequenfly, all proceedings in C C.No.3960 of 2020, pending on the file of the Ill Additional Junior civil Judge-cum-XlV Additional Judicial lVlagistrate of First Class, Kukatpally, are hereby quashed against the petitioners/accu sed Nos.1 to 4.

9. ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd- S. MALLIKARJUNA RAO ASSISTANT REGISTRAR ftf-*r,".* SEC I i i I I i I l To,

1. The lll Additional Junior Civil Judge -Cum XIV Additional Judicial Magistrate of first class at Kukatpally

2. The Station House Officer, Police Station, Jagdgirigutta 3. One CC to Sri Bhoopathi Ranjith Kumar, Advocate [OPUC] 4. One CC to The Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. One CC to Sri K. Kiran Kumar Reddy, Advocate [OPUC] 6. Two CD Copies Note: Joint Memo filed by the Parties herein in lA 3 of 2025, is appended herewith '::. - . ,' ---:=:--' ,,f'1.!t:'." s .::.. i '' 2 2 AU6 2025 ,/ ),.,.,.,,., ^, ., HIGH COURT DATED: 1110312025 COMMON ORDER l.A. Nos. 2 &3 OF 2O2S CRLP.No.1981 of2025 CRIMINAL PETITION IS DISPOSED OF b s i I l, I I I i I T I a i l t I I I I i i , i i i I I I e @ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I.A.NO. CRL.P.No. iN oF 2025 OF 2O2S BETWtrEN: Smt G Narsaveni, W/o Voju Narendla chary, Age: 32 years, Occ : Pvt Employee, R/o H.No 18174, Road mestrynagar-B, Gajularamaram village, and Muncipal circle euthubullapur Mandal MedhelMalkajgiri Disr- 55 AND ...Petitioner/ Defacto Complainant The State of Telangana Rep by its Public Prosecutor, High Court at Hyderabad. AND ...Respondent/ Respondent

1. Voju Narendra chary, S1o V Raghava chary, Aged about 35 years, Occ B..rsiness, R/o H.No 2- 31734lB/42, Road No-6, Shankar Nagar, Amberp Hyerabad- 13. Nnh^i ) e-,

2. Smt Voju Amrutha, W/o. V. Raghava chary, 3 rL Age 63 years Occ: House wife, R/o. H.No 2-3-734 lBl42 Road No. 6, Shankar Nagar*Amberpet, Hyderabad-13, @Y'tolmY @-vcera-" Smt Voju Vinoda,W/o V Raglrava chary.-- Age 56 years, Occ: House wile,R/o H N 2-3-734 /8142, fu"rk\Jrr-Lau: Road No. 6 Shankar Nagar, Amberpet, Hyderabad-13. Venkanna, S/o Ramanujam, Age: 37 years, Occ: Tailor, R/o H.No. l2-1-l\/557 , Lakshmi Nagar lalpet Secunclerabad-s000 17 gild1hr\-'M-L^*) | 6ull=r. 't,-La'+ \'/ \ ...Respondent / Petitioner/Accused. No.1-4 JOINT MEMO May it please your lordship,

1. Facts of the case are that on O5-04-201g at 12O0 hours received a complaint from Smt. G. Narsaveni W/o. Narendra, Ag; 29 Years, Occ; pvt. Job , Caste: Kammari, ' R/o. H.No. 18,174, Rodamestry Nagar_B Jagadgiri gutta, Cyberabaci, in which she stated that her marriage was r -\.,4, I i I l i i i I I I I I , I I e .t) solemnized with Kummari Narendra S/o. Raghavachary, .{ge;30 years, R/o. Ii.No. 2-31234/8142 Road No 6 Shankar Nagar Amberpet on 17-05-2017 in the presence of botl-r elders. At the time of marriage, her parents had given cash of Rs. 2,00,000/-, 8 Tulas Gold and other household items and performed the marriage. After marriage for 10 her husband looked after her nicely. Thereafter her husbard sold out her gold one by one which her mother had given. Hc addicted to consume alcohol ald daily coming to houise in a drunken condition, quarrelling rvith her and harassing her mentally and physically, her rnother-in-1aws Amrutha and Laxmi @t, veena, her husband's cousin Venl<ar-rna, her fathcr-in-law Raghava Chary all are supporting her husband and harassing her mentally and phy sically to bring additional drvory_ She had taken hcr husband for family counselling for two times, again they asl:cd to come for counselling, but her husband is not coming, he did not change his attitude. He is not doing any work, coming to house daily in drunken condition and harassing her mentally :rnd physically fro u,ant of additional dw-ory.. Therelore she requested to take necessary action.

2. I' am the deponent herein and de-faclo complainant in CC.No. 3960 OF 2O2O Dated 24-tl_2o22 JAGDGIRIGUTTA P.S. ON THE F'ILE OF TI{E HON'BLE III ADDL. JUNIOR CIVIL JUDGtr -CUM XIV ADDL. JUDICIAL MAGISTRATE OF F'IRST CLASS AT : KUKATPALLY, as such I am well acquainted r,vith the facts of the case.

3. I submit that I am the I am the De_facto complainant and Accused NO.l is my husband, and we both are being Hindus, our marriage was performed according to [*"*' \-\ ( /:\ /€) Hindu Customary rites on 17 -05-2017 at brides residence, R/o. H'No' La-174, Roda Mestry Nagar (B)' Opp. Bombai Hotel, Gajularamaram Road' Qutbullapur, Shapurnagar, Medchel-Malkajgiri District. is an arranged marriage and the same was solemnized in the presence of the parents of the petitioners, elders, relatives and fiiends'

4. I submit that the intervention of the well wishers and elders of the both parties settled the matter amicably out of the court. That due to the said reasons' I came forward to withdraw the complainl for which I am also executed an Affidavit slating that I am ready to withdraw the aLrove said case'

5. I further submit that I have withdrawn the DVC No' 19 Of 2O2l on the file ot the I Addl' Junior Civil Judge-cum- Judicial Magistrate of First Class, Medchel-Malkajgiri District AT: Athevelly on 2 1"t Octobe r' and filed a petitioner Under Section 13-B Of Hindu Marriage Act 13-B Before the Hor-r'ble Court Of The Hon'ble II Addl Family Court Judge, Kalpatharu Complex At Hyderabad vide O.P.NO.1616 OF 2024 fot Nullity of marriage performed on 17 -O5-2o 77

6. It is submitted that the matter is settled out of the court' I am ready to withdraw the case against the petitioner/ ' Accused No.1-4 conside ring all the above circumstances this Hon'ble Court may be pleased to record the compromise in CC.No. 3960 OF 2O2O Dated24-ll-2O22 Jagdgirigutta P.S. On The File Of The Hon'ble III Addl' Junior Civil Judge -Cum XIV Addl' Judicial Magistrate 3 Of First Class At:Kukatpal1y, otheru'ise the petitioner and his family members rE i1l suffer irreparable 1oss. a It is therefore prayed that this Hon'bie Court may be pleased to record the compromise stalement and quash the CC.No. 3960 OF 2O2O DaLed 24 lt'2022 JAGDGIRIGUTTA P.S. ON THtr FILtr OF THE HON'BLE III ADDL. JUNIOR CIVIL JUDGE _CUM XIV ADDL. .JUDICIAL MAGISTRATE OF FIRST CLASS AT : KUKATPALLY in the interest of justice and pass such other order or orders rray deem fit arud proper in the circumstances of the case Hence, this Joint Me:mo HYDERABAD DATE:27-Ol-2O25 Counsel for Petitioner Counsel for Respondent i I I I I I f I I I I I ; i I i i h:ji Petitioner No. 1 l'}4 fevn\Auw* No.2 h CC 3 l* a+.1*> .^. , ,,ff,jtr6- t ''^fi.i*onry"+/^"#, t reAtt u1c1 t .r1tcc.nOCu ) A,-eqq AJ"'tt