✦ High Court of India · 01 Apr 2025

The High Court · 2025

Case Details High Court of India · 01 Apr 2025
Court
High Court of India
Decided
01 Apr 2025
Bench
Not available
Length
1,379 words

Petition under Section 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in PRC No.'15 of 2024 on the file of Honourable Judicial First Class Magistrate at Jangaon and the same may be quashed. l.A. NO: 1 OF 2025 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 stay of all further proceedings in PRC No.15 of 2024 on the file of Honourable Judicial First Class Magistrate at Jangaon, pending finalization of the Criminal Petition. I.A. NO: 2OF 2025 Between: Chinthala Komulamma, Wo: Mysaiah, Aged about 55 years, Occ: Household, R/o. Burgupally Village of Rajapet Mandal, Yadadri Bhuvanagiri District. ...Petitioner/Respondent No.2/Defacto Com plainant - ND 1 2 The state of relangana, R.!, 9y ils public prosecutor, Thror:gh police station LingalaGhanpur,JangaonDistrict. ...Respondeiu|.rplri;;i Muggu Swapna,_Wo. Sammaiah, Aged about 31 years, Occ: Housewife, R/o. Kallem Village of I ingalaghanpur, Jangaon District ...RespondenUpetitioner/Accused No.2 Petition under section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petiiion, the High court may be pleased to permit the Petitioner/Defacto complainant to compound the offence in P.R.c No.15 of 2024 on the file of Judicial First ctass Magistrate at Jangaon against the Respondent/Accused No_2 and enter into .omprorii.". l.A. NO: 3 OF 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 the conrpromise between the petitioner and 2nd reJpondent and quash the proceedings in P R.c.No.'15 ol 2024 on the file of Judicial First class Magistrate at Jangaon. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Mr. Narendar Jalli, Advocate for the Petitioner and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of Mr. Kavali Venkatesh, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER I THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No. 1595 oF 2025 coM MO N ORDER This Criminal Petition is filed under SectiQn 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' 2023')' seeking quashment of the proceedings against the petitioner in P R'C'No 15 of 2024,onthefileoftheJudicialFirstClasslVlagistrate'Jangaon'

2. The petitioner is arrayed as accused No'2 in P R C' registered for the offences punishable under Sections 307' 498-4 read with Section 34 of the lndian Penal Code' 1860'

3. Heard lt/r Narendar Jalli, learned counsel for the petitioner' Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor' representing the respondent No 1-State and IVlr'Kavali Venkatesh' learned counsel for the respondent No 2/de-facfo complainant'

4. Pending this petition, the parties have entered into the compromlse and, accordingly, they moved l.A'Nos 2 and 3 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to the petitioner/accused No 2 in quash the Proceedings against P.R C No,15 of2024 I I .I J 2 I. l.No'.- and ) ol l1]i in/ a ('r/.P.No.1i9,01 2025

5. This Court vide order dated 17.03.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 25.03.2025 stating that the parties are identified by their respective bounsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries reveal that the parties have willful and without coercion entered into settlemenUcompromise.

6. I have considered the submissions of the learned counsel and perused the materials on record

7. The accusatron against the petitioneriaccused No.2 in the Police Report is that, the petitioner/accused No.2 along with accused No.1 physically and mentally harassed the victim/wife of accused No.1 and hatched a plan to kill her, accordingly, the accused No 1 attacked the victim with a knife and caused grievous injury to her. Having considered the allegations, the nature of charged offence against the petitioner/accused No.2 and taking into account the amicable settlement between the parties, in the light of the dictums in Gian Singh v. State of Punjab and anothe/ and Anil Mishra y. Stafe of lJ.P.2; Stafe of | 2012 (1O) SCC 303 2 2024 INSC t89 \ 3 N7&/ I-.1.N0t.2 a 3of2025 in/atd Cr/.1,.N0.1595 of 2025 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./s2B of BNSS, 2023, would be in the interest of justice. I B. Accordingly, l.A.Nos.2 and 3 of 2025 are ailowed. consequenfly, all proceedings in P.R.c.No.1s of 2024, on the file of the Judicial First Class lvlagistrate, Jangaon, are hereby quashed against the petitioner/accused No,2. I ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed I To, //TRUE COPY' SD/. MOHD. ISMAIL D PUTY REGISTRAR ECTION OFFICER

1. The Judicial First Class Magistrate at Janqaon 2. The Station House Officer, Lingala Ghanpur Police Station, Jangaon District. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to ltil r Narendar Jalli, Advocate [OPUC] 5. One CC to Mr. Kavali Venkatesh, Advocate [OPUC] 6. Two CD CoPies Hyderabad. [OUT] (Along with a Copy of Joint Memo of Compromise) S kam/gh ' zots 1s; scc oaa I I I L I I I l HIGH COUR]' DATED:01 10412025 t, i1 /t"" O 2 5 APil 2t]2: * 3'.sPATC: €i) ,.I COMMON ORDER l.A.Nos.2 and 3 of 2025 ln/and CRLP.No.1595 of 2025 BOTH l.A.Nos.2 and 3 of 2025 ARE ALLOWED. DISPOSING OF THE CRIMINAL PETITION G4tc) @k- a 3 MEMORANDUM OF CRIMINAL PETITION (under section X[^"f*fn) BUSS rN rHE HrGH couRr ron r'n-dtiFrr oriruncnrua AT HYDERABAD I.A.No. oF 2025 IN BETWEEN: Crt.p.No.1595 OF 2025 Chinthala Komulamma, ffo. Mysaiah, Aged about 55 years, Occ: Household, R/o.. Burgupally Village of Rajapet Mandal, Yadadri Bhuvanagiri District. ..... PetitionerlRespondent No.2/ Defacto Complainant AND

1. The State ofTelangana, Rep. by its public prosecutor, Through Police Station Lingala Ghanpur, Jangaon District.

2. Muggu Swapna, ffo. Sammaiah, Aged about 31 years, Occ: Housewife, R/o. Kallem Village of Lingataghanpur, Jangaon District. ...Respondent/Complainant .. Respondent/petitioner/Accused No. 2 JOINT MEMOFI LED BYTH EPETITIONE RSA ND DEFAcTo-c LIP NA NT It is submitted that the petitioner and the Respondent No.2 have resolved their differences and disputes on intervention of elders and well I r I o ^-/ f\ ''"r,\')r) ctr'x-/ -& I .va;l' ,,'/ ') + jw of the compromise, they do not want to proceed with the ed to withdraw P,R.C.No.15 o f 2024 onthe file of Judicial First -rate at Jangaon flled against Respondent No.2 filed U/s.307,49g-A It is submitted that this compromise puts an end to all the litigation E .'webJl the parties and neither of parties for any other claims either civil or criminal in future. It is therefore prayed that this Hon,ble Court may be pleased to quash , the P.R.G.No.LS of 2024 on the file of Judicial First Class Magistrate at Jangaon by compounding the offences in terms of compromise in the interest of justice and pass such other order or orders as this Hon,ble court may deems fit and proper in the circumstances of the case. Hence thi s Joint Memo. Petiti P-'l-l Yo-!o--) omplainant ,^r E M qrojJ_ Respondent-No. 2/Rjcuseb No. 2 Counsel e Petitioner IL Counsel for Respondent No,2 Place: Hyderabad Date: tD .03.2025 I

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