The High Court · 2025
Case Details
Acts & Sections
1- Kummamuru Sanirragna @ Sarwagna Vivek, (Husband of R2), S/o K Sri Sundaram, Age. 40 yrs., Caste. Brahmin, Occ. Searching for employment, Rio H. No. 3-14-46: Shakthi Sai Nagar, Mallapur, Uppal (M), Medchal- Malkajgiri Dist.
2. Smt Kummamuru Gnanasree, (Mother-in-Law of R2), Wo K Sri Sundaram, Age. 57 Yrs, Caste. Brahmin, Occ. House Wife, H. No. 3-14-46, Shakthi Sai Nagar, Mallapur, Uppal (M), Medchal-Malkajgiri Dist.
3. Sri. Kummamuru Sai Shyam, (Brother-in-Law of R2), S/o K Sri Sundaram, Age. 30 yrs., Caste. Brahhin, Occ. PhotogrqPher, R/o H no 3-14-46, Shakthi Sai Nagar, Mallapur, Uppal (M), Medchal-Malkajgiri Dist. ...PETITIONERS/ACCUSED Nos. 1 to 3 AND 1 The State of Telangana, Rep.by its Public Prosecutor, High Court of Telangana, At Hyderabad. ...RESPONDENT/COMPLAINANT 2. Smt Venkata Soumya, W/o. Sarwagna Vivek, Age. 38 years, Occ. Employee, R/o. LIG'l 05-Hb-Colbny, Moulali, Meerpet, Medchal Malkaigiri, Telangana. ...RESPONDENT/DEFACTO COMPLAINANT 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 C.C. No. 6552 of 2022 on the file of the Court of the V Additional Judicial Magistrate of First Class at L.B. Nagar' arising out of FIR No. 3O712022 registered at Nacharam Police Station. LA. NO: 1 OF 2025 Petition under Section 528 of BNSS, praying that n the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to grant stay of all further proceedings includii'rg the appearance of the Petitioners, in C.C. No.6552 of 2022 on the file of the Court of the V Additional Judicial Magistrate of First class at L.B. Nagar, rrrising out of FIR No. 3o7 /2022 registered at Nacharam Police till the disposal crf the above criminal Petition. l.A. NO: 2 and 3 OF 2025 BETWEEN: Smt Venkata Soumya, Wo. Sarwagna Vivek, Aqe. 3g r,ears. Occ. Emolovee. R/o. LlG105-Hb-Colony, Moulali, Meerpet, Medchat Mait:ajgiri. Telangaha.' ...PET|T|ONER/RESPONDENT No.2 tN t.A. Nos. 2 & 3 @ Sarwagna Vivek, (Husb;rnd of R2), S/o K Sri Caste. Brahmin, Occ. Searr;hing for employment, akthi Sai Nagar, Mallapur, Upfal (M), MrjOcnal- AND '1. Kummamuru Sarwaona Sundaram, Age. 40 irs., R/o H. No. 3-14-46, Sh Malkajgiri Dist. Smt Kummamuru Gnanasree, (Mother-in-Law cf R2), Wo K Sri lynlgrqm', 4Se ,SZ Yrs, Caste. Br'ahmin, Occ. Hour;e Wife, H. No. 3-1a- 46, Shakttii Sai Nagar, Mallapur, Uppal (M), Medchal.Malkajgiri Dist. Sri. Kummamuru Sai Shyam, (Brolher-in-Law of R2) S/o K Sri Sundaram, 4.9e, .39_Vtq Caste. Brahmin. Occ. Photographer R/o H no 3-1446, Shakthi Sai Nagar, Mailapur, Uppat (M), Meddhal-Ma kajgiri Dist. 2 J ...RESPONDENT/PETITIONEiS tN t.A. Nos. 2 & 3
4. fhe State of Telangana, Rep.by its public proser;utor, High Court of Telangana, At Hyderabad. ...RESPONDEI{T tN t.A. Nos. 2 & 3 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 the parties to compound the offenses; in C.C.No.6552 of 2022 on the file of the court of the V additional Judicial ma<yistrate of first class at L.B Nagar. l.A. NO: 3 OF 2025 Petition under section 359 (2) of BNSS, praying that ir the circurnstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to record the terms of compromise betwe en thL parties in c.c.No.6552 ot 1!022 on the file of the court of the V additional Judicial magistrate of first class at L. B Nagar. This Petition comiilg on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M MURALI MOHAN, Advocate for the Petitioners and Sri. JITHENDER.IAO VEERAMALLA, Assistant Public Prosecutor, on behalf of the Respondent No.1 and Sri. DAPPU VENKATAIAH, Advocate for the Respondent No.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKAR,,\MJl l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No. 1813 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 52lB of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, .,1023'), seeking quashment of the proceedings against the petitioners in C.C.No.6552 of 2022, on the file of the learned V Additional Judicial Magistrate of First Class at L.B.Nagar
2. The petitioners are arrayed as accused Nos.1 to 3 in the Calendar Case registered for the offences punishable under Sect on 498-4. 420, 509 r/w. 34 of the lndian Penal Code, 1860 and Sectionr;3 and 4 of the Dowry Prohibition Act, 1961.
3. Heard [/r.[i/urali lr/ohan, learned counsel for lhe petitioners, ttlr.Jithender Rao Veeramalla, learned Additional Putrlic Prosecutor, representiqg the respondent No.1-State and Sri Dapcu Venkataiah, learned counsel for respondent No.2l defacto-complainant
4. Pending this petition, the parties have entered into lhe compromise 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 2 N]
1.,4.Not.2 and 3 oJ2025 in/and CrlP.No. I El I of 2025 quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.6552 of 2022
5. This Court vide otde.r dated '1 9.06.2025 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 26.06.2025 stating that all the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and without coercion entered into settlement/comprom ise
6. I have considered the submissions of the learned counsel and perused the materials on r,ecord.
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. Stafe of Punjab and anotherl and Anit Mishra v. Stafe of lJ.P.2; Stafe of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the L 2012 (1o) scc 303 'z zo2+ INSC t89 3 zots 1s1 scc oaa )J NTR,/
1..-l.AIa., ' ,utd ) r,[2025 in/and ..n'.1'.N,,. l,9t ) oJ' 202 5 considered view that quashment of the impugned proceeJings in view of the settlement by exercising jurisdiction under Section 48'.)- Cr.P.C.l52B of BNSS, 2023, would be in the interest of justice.
8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in C.C.No.6552 of 2022, pending on the file of the learned V Additional Judicial Magistrate of First Class at L.B Na;ar, are hereby quashed against the petitioners/accused Nos.'l to 3 I To, 1 2 3 4
6. ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/. T. JAYASREE PUTY REGISTRAR rF .SECTION OFFICER I The V Additional Judicial magistrate of first class at L. B Nagar. The Station House Officer, Nacharam P.S., Rachakondzt. One CC to SRl. M MURALI MOHAN Advocate [OPUC] One CC to PUBLIC PROSECUTOR High Court for the {;tate of Telangana louTl One CC to SRl. DAPPU VENKATAIAH, Advocate [OPU3] Two CD Copies MKN/9h W HIGH COURT DATED:0710712025 , (, (. a. ,)') t 1i sEP 26 * D * ,\: L'\ COMMON ORDER l.A.Nos. 2 AND 3 OF 2025 ln/And CRLP.No.1813 of 2025 DISPOSING THE CRIMINAL PETITION I