✦ High Court of India · 03 Sep 2025

Memorandum of Grounds of criminar Petition and upon hearing the arguments of Sri v. srihari

Case Details High Court of India · 03 Sep 2025
Court
High Court of India
Decided
03 Sep 2025
Length
1,745 words

Adepu @ Yele Shrishma Wo. Sn Adepu Sulith. aged about 28 years. Junior Pqgtot q! ,Bhaskara Medicat Coilege, Morhabadl Hyderabad,' resident of H No.3-14-639/ j, Hanuman ruagar, tianamtonoa Wailngaf (U) Distiica - ...RESPONDENTS/DEFACTO COMPLAINANT Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be preased to quash the criminar proceedings against the petitioners herein i.e., Accused No 1 to 3 in c.c.No.17g2 0f 2021 v Additionar Judiciar First crass Magistrate At Warangal. l.A. NO: 2 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 all further proceedings in C.C.No.1782 of 2021 V Additional Judrcial First Class lVlagistrate At Warangal, ancluding personal appearance of the petitioners herein i.e.. Accused Nos. 1 to 3, pending disposal of the above Crimrnal Petition. l.A. NO: 3 OF 2025 Between: Adepu @ Yele Shrishma,, W/o. Sri Adepu Sujith, aged about 28 years, Junior Doctor ar Bhaskara Medical College, Moinabad, Hyderabad, resident of H.No.3-14-639/ 1 Hanuman Nagar. Hanamkonda, Warangal (U) District ...PETITIONER/t?ESPONDENT No. 2 Dr. Adepu Sujith., S/o. Sri Dr. Sudharshan, aged about 33 years. Occ. Orthopedican Doctor, R/o. Sudha Children Hospltal. Medara Basthi, Godavariknani, Peddapalli District, now at H.No.7-140/2, Nagendra Nagar, Habsiguda. Secunderabad. Jama Osmania, Hyderabad Adepu Swarnalatha,. Wo Sri Dr. Sudharshan, aged about 56 years, Occ. House wtfe, R/o. Sudha Children Hospital, Medara Basthi, Godavarikhani, Peddapalli District, now at H.No.7-'140l2, Nagendra Nagar, Habsiguda. Secunderabad, Jama Osmania, Hyderabad. Dr. Adeou Sudharshan,, S/o. Late Sri Srihari, aged ab)ut 65 years, Occ Doctor, hesident of Sudha Children Hospital lvledara Basthi' Godavarrkhanr Feoaloaffi Distnct, now at u.No.z-t+b/2 Nagendra Nagar' Habsiguda' Secunberabad. Jama Osmanra. Hyderabad ...RESPONDENTS/ PETITIONERSlto3in "llBJu's33il':"1'"': Dr. Adepu trlanasa. W/o. Sudhir. Aged about 39 years' o':c' Doctor' Rio H K! ?:i5lsriih, Hosp,tat Hospit slreet, osmanpura' Ka'imanasar Pottabathrni @ Pottabathula Suiatha W/o Chandramoulv Aged about 57 Pattavi Resrdency Tarakaram .,oarc onr- Horsewlte. n,o H'ri' ilo 'r.rltJi 5tr"*L r'ro 7. East Maredpally' SecunderaDao' ...RESPONDENTS/ '"1ili?lllTi.i:?#,.i ACCUSED No' 4 and 5 The State oI Telangana, Represented by Public. Prosecutor' High Court at H'fi";i;;i, ih,"rgii rn.p"cti'? oipoiice' W p s ' waransal citv -502, AND 1 2 3 4 E 4 ,..RESPONDENTSiRESPONDENTS 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 pass orders for permission to compounding the offences as settled out of Court and quash the C.C.No.1782 of 2021 pending on the file of V Additional Judicial Flrst Class Magistrate at Warangal now transferred and pending on the file of Principal Junior Civil J udge-cum-J ud icial [/agistrate of First Class, Han umkonda. l.A. NO: 4 OF 2025 Petition under Section 350(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass orders compoundrng the offences as settled out of Court and quash the C.C.No '1782 of 2021 pending on the file of V Additional Judicial First Class Magistrate at Warangal now transferred and pending on the frle of Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Hanumkonda. Thjs Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of Sri V. srihari, Advocate for the petitioner, sri Jithender Rao veeramalu, Additionar pubric Prosecutor on beharf of the Respondent No. 1 and of sri B. Narsing. Advocate for the Respondent No. 2. CRIMINAL pETtTtON NO: 140S OF 2023 Between: 1 Dr. Adepu Manasa y::ud.hil aged 36 years, Occ Doctor R/o.H.No 3_5_2. Sudha Hospitat, Hospit Street, O#r;p*.,. Giir"nun"r ' 3::"rifli:ffi"""j';*Ill,.l,llt!,, wo chandramoury Ased 54 years s r,eet N;; ; ;;i il#*#:l,r:3"."r,r;.5,1i1J Res ide n cy, t,,;i;;, ;r,iil";, AND ...PETIT|ONERS/ACCUSED Nos.4 and s

1. The State of Telanoan tn"-stri" Jr"r";lj5!l^?iilX1?1,"'.1 bv its Pubric prosecutor, Hish courr ror

2. Adepu @ Yele Shirishma, Wo. Adepu Sujith, Aged 28 years, Occ. Junior Doctor at Bhaskara Medical College, Moinabad, Hyderabad, R/o. H.No.3-14- 639/1 . l-lanuman Nagar, Hanamkonda, Warangal (U) District. ...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to call for the records relating to the C.C. No 1782 of 2021 on the file of V Additional Judicial First Class Magistrate at Warangal and quash the same thereon as against the Petitioners/Accused No.4 and 5. LA. NO: 1OF 2t)23 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to stay all further proceedings including personal appearance of the PetitionersinC,C.No.lTS2of2O2lonthefileofVAdditionalJudicialFirst Class Magistrate at Warangal, pending the disposal of the above Criminal Petition. ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of Criminal Petition and upon hearing the arguments of Sri Setty Ravi Teja. Advocate for the Petitioners' Sri Jithender Rao Veeramallu' Additional Public Prosecutor on behalf of the Respondent No 1 and of Sri M Venu Madhav, Advocate for the Respondent No 2' The Court made the following: COMMON ORDER - THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA I.A.Nos.3 and 4 ot 2O25 in/and CRIMINAL PETITION Nos.9321 of 2025 and 1405 of 2023 COMMON ORDER. 1. These Criminal Petitions are filed by the petitioners/accused Nos.1 to 5 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to quash the proceedings against them rn C.C.No.1782 of 2021 on the file of V Additional Judicial Fist Class Magistrate at Warangal, registered for the offences punishable under Sections 498 (A) and 506 of lndian Penal Code, 1860 (for short'lPC) and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short'DP Act').

2. lt is submitted by learned counsel appearing for the petitioners/accused Nos.1 to 5 as welr as respondent No.2rde facto complainant that during pendency of the present Criminal petition, the parties have compromised the matter and accordingly, l.A.Nos.3 and 4 of 2025 have been filed seeking permission to compound the offences and to quash the proceeding in the above CC. a.) The learned Additional public prosecutor has opposed the said compromise petitions 2 r'rr'r'l r'rlt) '/-i1l )t):: I ll5 :0)3

4. Perused the affidavits filed by the de faclo complainant in l.A.Nos.3 & 4 of 2025 which disclose that she has willingly consented for compromise. Since the parties were willing to enter into compromise, they were given a chance to settle the matter by appearing along with their respective counsel before the High Court Legal Services Committee for the State of Telangana yide orders dated 2'1 .08 2025 passed by this Court. The Secretary, High Court Legal Services Committee shall identify the parties and submit a report to that effect

5. Pursuant to the above said direction issued by this Court' the parties along with their respective counsel have appeared before the High Court Legal Services Committee for the State of Telangana and the Secretary of the above said Authority identified the parties and submitted a report dated 26 08 2025 stating that the parties were identified and they have willfully and without any coercion entered into compromise as per the terms of compromise' ln view of the above' l'A Nos'3 and 4 of 2025 are allowed' 6. Consequently, these Criminal Petitions are allowed and the proceedings in C.CNo'1782 of 2021 on the file of V Additional 7\ -"t ;tered against the Judicial Fist Class Magistrate at Warangal' regts l E.tD,.1 Crlp 9321 2D5- 1105 2023 petitionerslaccused Nos.1 to 5 are hereby quashed and petitioners/accused Nos.1 to 5 are directed to pay an amount of Rs.5.000/- (Rupees Five Thousand Only) to the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad and Rs.5,000^ (Rupees Five Thousand Only) to the Telangana Bar Association, Hyderabad and file proof of the same before the Registry. 7 Miscellaneous applications, if any pending, shall stand closed. SD/- N SRIHARI DEPUTY REGISTRAR a SECTION OFFICER //TRUE COPY// To, IH#?ffi,ISl Junior Civil Judge_cum-Judiciar Magistrate of First Ctass,

1. The V Additional Judicial First Class Magistrate at Warangal , . t IBf,Bliii"House officer, Women potice Station Warangal City, Waranga lyf":"?:J?dt?;'0"' Prosecutor, Hish court ror the state or rerangana at

5. One CC to Sri V. Srihari Advocate tOpUCl 6. One CC to Sri B. Narsing, Advocate tOpUCj 7. One CC to Sri Setty Ravi 8. one cc to sri M. u"n, , 9. Two cD copies rju,Advocate [opuc] adhav Advocate [opuc] Vl trPSt. NOTE; v I L Sri V, Srihari dated 03.09.2 Total Amount oF Rs. j0,000/_ ( Rupees Ten tnousand only ) has been paid by by the Hon'bte Court vide order usand on/y ) to 66u ,,secretary, Counset for the petitioner as directed 025 as Rs. s,ooo/- ( Rupees Five tho High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, and Rs. 5,000/- ( Rupees Five thousand only ) to the Telangana Bar Association, Hyderabad and filed Memo as proof of compliance USR No. 114247 ol 2025 and Receipt No 1678 dated 15.10.2025. -\\ HIGH COURT DATED: 03t}gt2}2s t ) COMMON ORDER l.A. NO: 3 AND 4 OF 2025 IN/AND CRLP.No.9321 of 2025 AND CRLP.No.1405 ot 2023 j f,l .) .J i1r[IP5 t-- cf.s'r: ATc H F-1) ALLOWING BOTH THE C nirvr r r.r nu P ETlTlo N s v

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