✦ High Court of India · 20 Feb 2025

The High Court · 2025

Case Details High Court of India · 20 Feb 2025
Court
High Court of India
Decided
20 Feb 2025
Length
1,337 words

Acts & Sections

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in SC.Spl. No .18 ol 2024 for the offences U/S 448,379,384 of IPC and Sec 3 (1) ( r) (f) Sec. 3, 2 (Va) of SC/ ST (POA) Act 20'15 pending on the file ll Additional District Judge-Cum-Special Court for SC/ST (POA) cases at Warangal. l.A. NO: 1OF 2025 BETWEEN: Moodu Devendhar, S/o Limba, Aged about 27 years, Occ. Agriculture, R/o Giddabanda Thanda Village of Raghunathapally, Village and Mandal, Jannagam District. .. .Petitioner/De-facto Complainant in lA.Nos.1 &2 ot 2025 AND 1- Pokala Shiva Kumar, S/o Shankaraiah, Occ. Agriculture, Aged about 54 years R/o Ragunathapally, Village and Mandal, Janagam District. ...RespondenUAccused in lA.Nos.l &2 of 2025 2. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad Through PS Ragunathapally ...RespondenURespondent in lA.Nos.1 &2 of 2025 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit petitioner herein i.e, Defacto Complainant to compromise the case with Accused and to quash SC.Spl. No. '18 of 2024 on the file of ll Additional District ,Judge-Cum-Special Court for SC/ST (POA) at Warangal for the offences UtS448,379,384of IPCandSec.3(1)(Q(flSec 3(2) (Va) of SCi ST(PoA)Act 2015 against Accused on such terms and conditions as this Hon'ble Court deems fit and proper. l.A. NO: 2OF 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise and quash the proceedings in SC. Spl. No. 1B ot 2024 on the file ll Additional District Judge-Cum-Special Court for SC/ST (POA) for the offence Punishable U/S 448, 379, 384 of IPC and Sec 3 (i ) ( r) (f) Sec. 3 (2) (Va) of SC/ST (PON Act 20'15 against Accused. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri L Harish, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and of Srr Praveen Kumar Challa, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER 'i# THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI INTERLOCUTORY APPLICATION Nos.l & 2 ot 2025 IN/AND CRIMINAL PETITION No.1717 ot 2025 COMMON ORDER This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in S.C.SPL.No.1 I of 2024 on the file of the learned ll Additional District Judge-cum-Special Court for trial of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act at Warangal, registered for the offences under Sections 448, 506, 379, 384 of the lndian Penal Code (for short 'lPC') and 3(1)(rXf), 3(2XVa) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

02. lt is submitted by learned counsel appearing for the petitioner-accused as well as respondent No.2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, l.A.Nos.1 & 2 of 2025 have been filed to record the compromise between them and to compound the offences.

03. Vide orders dated 17.02.2025, this Court directed ) ) the parties along with their respective learned counsel to appear before the Secretary, High Cou( Legal Services \ I 2 Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report

04. 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 report dated 18.02 2025 and the same are placed on record.

05. ln view of the above, l.A.Nos. 1 & Z of 2O2S are allowed. Consequently, this Criminal Petition is allowed and the proceedings against the petitioner-accused in S.C.SPL.No.1 8 of 2024 on the fite of the learned lt Additional District Judge-cum-Special Court for trial of offences under the Scheduled Castes and the Scheduled Tribes (prevention of Atrocities) Act at Warangal, are hereby quashed. As a sequel, miscellaneous applications, if any pending, shall stand closed //TRUE COPY// Sd/- K. AMMAJI ISTANT REGISTRAR AS SECTION OFFICER 1 To, I '1 . The ll Additional District Judge-Cum-Special Court for SC/ST (POA) cases at Warangal

2. The Judicial First Class Nlagistrate at Jangaon 3. The Station House Officer, Ranghanathapalli Police Station, Warangal 4. The High court Legal Services Committee, High Court for the State of Telangana at Hyderabad

5. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad IOUTI ..}!ryl---- _EF.?,.--*----: ilEF:l=:..:;1::- -:-:t--- - :'.::----=-.-.---:r- EErE:,:;:::;-r"i.-" - -7r-r-f;-E one cc to sri L Harish' fti::'&:?I'^:locate topucl One CC to Sri Praveen Kun Two CD CoPies 6 7 8 I ADI(gh Along with a copy of Joint Memo of compromise W HIGH COURT DATED:2010212025 \ COMMON ORDER l.A.Nos.I and 2 of 2025 ln/and CRLP.No.1717 ot 2025 lt]'" -- .)( o koR llre s i,1 2s APl] 2C25 t (. * r) {o t 'Tl:t'l l--o \ I ALLOWING THE CRLP AND lA.NOs.l & 2 OF 2025 t, I 1 i I l 1 I I :- :r.!4,:tf MEMORANDUM OF QRIMINAI- MTSC'PETITON t u/S 3s9 (fl)-oF BNSS ACr) HIGH COURT FOR THtr STATE OF TELANGANA AT HYDERABAD I.A.NO. oF 2025 IN CRL.P.NO oF 2025 Bdtween:- Moodu Devendhar S/o Limba' [J;;;;;7v'u", r'cr ' Hrvl *7o Ciaaubu"da Thanda Village oI nigf ,""u,f,,polly, Village & Mandal' Jannagam Dist ct' Petitroner / Defacto ComPlainant AND

1. Pokala Shiva Kumai S/o Shankaralah 'ocL- ' A;;;;;;, 54 Ycars R/o RasunathaPallY' v-iirus" tn ManJaI, Janagam Dist rict

2. The State.rof 'lelangana ' Reo bY its Public Prosecutor Hiif, cu".t at Hyderabad through PS RagunathaPallY Al.r1 - Respon<1ent / Accused Respondent / ResPondent JOINT COMPRO MISE MEMOFILED BY THE PETITIONER & RESPONDENT It is most respectfully submitted that the above criminal petition is frled 1. by petitioners here:in U/s' 528 of BNSS lo quash SC- Spl No' 18 of 2024 on Cu m -Spccial CourL trrr SC/ST (POA) at the Ille ol'II Acldiriona'l DisLricL ')udge- Warangal, Ior the olfences U/S 448' 37g' 3B4 of IPC and Sec 3 (1) ( r) (f Sec' s(2)(Va) of SC/ST (POA) Act 201s It is submittr:d' that on the interventiol of elders the Accused & Defacts- 2. Complainant have entered into a compromise and came forward seeking quashing SC. Spl. No, 18 of 2024 against Accused, pending on the llle II Additional District Juclge-Cum_Special Court for SC/ST (pOA). Act for the offences punishable U/S 448, 37g,3*4ofIpC and Sec, 3 (1) (r) (f) Sec. 3,2 (Va) olSC/ST (pOA) At.r 2015 Hence it is p.ayeci, i. the interest of justice, that this Hon,ble court may be pleased to record the Compromise and quash SC. Spl. No. lg of 2024 pending on 'the file or{r Additional District Judge-cum-Special court for sc/St (PoA) at warangar ror the orfence punishabte u/s 448, 37g, 384 o1.ipc and Sec.3 (1) (r) (! sec.3 (2) (va) of sc/sr (poA) Act 2015 againsr accused on such,,terms and conditions as this Hon,ble Court deems fit and proper. _ e[ X"6"l"e-",^"u,a."-- Counsel for Lhc peLitjonci-s r^ . FSO S > petitioner / Defacto ComplainanL Lu;u^- Cdunsel lor. thc ftq5pr1n1lr, n 1 Respondent / Accused a, \i l i l i i l I l l i I

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