High Court of Telangana State · 2025

3. Battupalli Lavanya @ Sandhyapaga Lavanya, W/o.Srikanth, Aged 23 years, Occ. Housewife, Ri/o. Khanapur, Athmakur Village and Mandal, Wanaparthy District. ...RESPONDENT NO.3 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 S.C. POCSO.No.539 of 2022 on the file of the Special Sessions Cou( for the Trial and Disposal of POCSO Act Cases, Ranga Reddy District at L.B.Nagar for the offences under Sections 366, 341, 506, 376 (2) IPC and Section 3 R/w. 4 of POCSO Act,2012. LA. NO: zOF 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 S.C. POCSO.No. 539 of 2022 on the file of the Hon'ble Special Sessions Court for the Trizrl and Disposal of POCSO Act Cases, Ranga Reddy District at L.B.Nagar for lhe offences under Sections 366, 341, 506, 376 (2) IPC and Section 3 R/w. 4 of POCSO AcL2012, pending disposal of the Criminal Petition. l.A. NO: 3 OF 2025 Petition under Section 329, 320(6) & 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Cr minal Petition, the High Court may be pleased to permit the petitioner and respondents No.2 and 3 am is the defacto-com plainant and victim to compound the olfence and to allow the.above Crl.P, against S.C. POCSO.No.539 of 2022 on the file of the Special Sessions Court for the Trial and Disposal of POCSO Act Cases, Ranga Reddy District at LB.Nagar for the offences under Sections 366, 341, 506, 376 (2) IPC and Section 3 R/w 4 of POCSO Acl,2012. l.A. NO: 4OF 2025 Between:

1. Battupalli Krishna, S/o. Sayilu, Aged 40 years, Occ. House Stores in GHMC, R/o. H.No.4-3-1/1, Ambedkarnagar, Nacharam, Hyderabacl. RESPONDENT NO.2/DE.FACTO COMi'LAINANT

2. Battupalli Lavanya @ Sandhyapaga Lavanya, Wo.Srikanth, Aged 23 years, Occ. Housewife, R/o. Khanapur, Athmakur Village and Mandal, Wanaparthy District. ..RESPONDENT NO.3 AND

1. The State of Telangana, Rep by its Public Prosecutor, High Court of Telangana State, Hyderabad. . RESPONDENT NO.1 2 Sandhyapaga Srikanth @ Harijan Srikanth, S/o. Late F'entanna, Aged 24 years, Occ. Worker in Cloth Shop, R/o. Khanapur, Athmakur Village and Mandal, Wanaparthy District. ...PETITIONERS/ACCUSED Petition- under Section 359, 320(2) & 528 of BNSS, p,raying that in the circumstances stated in the Memorandum of Grounds of Crirninal Petition, the High Court may be pleased to record the compromise and quash the proceedings in S.C. POCSO.No.539 of 2022 on the fite of the Special Sessions Court for the Trial and Disposal of POCSO Act Cases, Ranga Reddy District at L.B.Nagar for the offences under Sections 366, 341, 506, 376 (2) IPC and Section 3 R/w. 4 of POCSO Act,2012. This Petition coming on for hearing' upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr' Rapolu Bhaskar, Advocate for the Petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No 1' and of Mr' A' suhas chary, Advocate for the Respondent Nos. 2 & 3/dejacto complainant and victim. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No. 1787 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 5i28 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioner in ll.C. POCSO No 539 of 2022 on the file of the Special Sessions Court for the Trial and Disposal of POCSO Act Cases, Ranga Reddy District at L B Nagar

2. The petitioner is the sole accused in the Sessions Case registered for the offences punishable under Sections 366, 341, 5t16, 376(2) of the lndian Penal Code,'1 860, and Section 3 read with Section 4 of the Protection Of Children from Sexual Offences Act,2012 (for short 'POCSO Act')

3. Heard Mr Rapolu Bhaskar, learned counsel fo' the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and l\4r.A..Suhas Chary, learned counsel for the respondent Nos.2 and 3ldeJacto complainant and victim

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos 3 and 4 of 2025 witn the prayg I oermit them to enter into compromise and by recording the settlement to 2 N'R,/ " '

1..4.)',0t. ) dnd l al 202i it/ atd Cr/. |'}.,\0. 1 787 01 202 5 quash the proceedings against the petitioner/accused in S.C. POCSO No 539 of 2022

5. This Court vide order daled 27.02.2025 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 10.03.2025 stating that 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 settlemenUcompromise

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

7. The accusations against the petitioner/accused in the Police Report lodged by the respondent No.2/de-facfo complainant/father of the victim girl are that the petitioner/accused induced the victim girl on the pretext of love.and sexually exploited her. Having considered the allegations, the statement in the Joint Affidavit that the petitioner and victim girl got married and living together and the amicable settlement between the parties and to restore peace among them, in the light of the dictums in ., J \ TR./ I l.\4.,. i ari ! ol')02 j itt/ ttul ( r/.P.ito.1787 01 202i Gian Singh y. State of Punjab and anotherl and Anil Mishra v. State of U.P.2; State of Madhya Pradesh v. Laxmi Narayan and ofhers3, 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.C1528 of BNSS, 2023, would be in the interest of justice. B. Accordingly, l A.Nos.3 and 4 of 2025 are allowed Consequently, all proceedings in s.c. Pocso No.539 of 2022 on the fil€r of the special Sessions Court for the Trial and Disposal of POCSO Act Cases, Ranga Reddy District at L.B.Nagar, are hereby quashed against the petitioner/accused I ln the above terms, the Criminal Petition is disposed of. j l ,1, Pending miscellaneous applications, if any, shall starrd closed aop fto) kt 363 z 2ayy AlJ.Sr-'lGj 3 zor,e(r) Scc 6* //TRUE COPY// SD/. N. SRIHARI DEPUTY REGISTRAR sEcil6N orfiien To, \ cases, Ransa Reddy Distii-i-ail.Ei i,t"rd;;:' ' '" " 1 . The Special Sessions Court for _the Trial and Disposa I of pOCSO Act 2 The Station House officer, Nacharam porice station, Rachakonda District. 3. One CC to Mr. Rapolu Bhaskar, Advocate IOPUCI 4. One CC to Mr. A. Suhas Chary, Advocate tOpUCl 5. Two CCs to the public prosecutor, High Court for the Statr: of Telangana at 6. Two CD Copies Hyderabad. [OUT] 6 (Along with a Copy of Joint Memo of Compromise) it,!f .r:I ': ?, \ HIGH COURT DATED: 191031202s I COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/And CRLP.No.178t ot 2025

4. l' I oF 1Hc Si 14 -C ( 10 JUh Ei * iS1r7,;. 111!- (n( r-) !.A.Nos.3 and 4 of 2025 ARE DISPOSED OF THE CRIMINAL PETITION IS DISPOSED OF a oF4' 2f 7/ MEMORANDUM OF INTERLOCUTORY APPLICATION FITED UNDER. SECTTON S2B of BNSS, R/W. SECTION 359 of BNSS IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AT HYDERABAD Crl.P No. of 2025 Between: 1 2 1 2 Battupalli Krishna, S/o. Sayilu, Aged 40 years, Occ: House Stores in GHMC, R/o. H.No.4-3-1l1, Ambedkarnagar, Nacharam, Hyderabad. Battupalli Lavanya @ Sandhyapaga Lavanya, W/o.Srikanth, Aged 23 years, Occ: Housewife, R/o. Khanapur, Athmakur Village and Mandal, Wanaparthy District. And The State of Telangana, Rep by its Public prosecutor, High Court ofTelangana State, Hyderabad. Sandhyapaga Srikanth @ Harijan Srikanth S/o. Late Pentanna, Aged24 years, Occ: Worker in Cloth Shop, R/o. Khanapur, Athmakur Village and Mandal, Wanaparthy District. ....Respondent No.2/ De-facto Complainant. ... Respondent No.3 ....Respondent No.1 ....Petitioners/Accused OINT EMO OF MP MISE

1. It is submitted that the 2nd Respondent has lodged a complaint against the Petitioner herein before the police Nacharam. Basing on the above complaint, the Police Nacharam, Ranga Reddy District has registered a case in Crime No. l2l2o22 Uls. 366, 341, 506, 376(2) tpc & Sec-3 R/w 4 of POCSO Act, 2012, against the Petitioner herein. The present case had foisted. F

2. It is submitted that the investigation otficer in the above case, without proper investigation filed a final report for the offences mentioned above. The Hon'ble Special Sessions Court for the Trial and Disposal of POCSO Act Ca:;es, Ranga Reddy District at L.B.Nagar, without looking into the facts of the case, taken the cognizance of the offence punishable Uls. 366,341, 506, 376 (2) IPC & Section 3 R/w. 4 of POCSO Act, 2012, against the Petitioners herein and registered tht: charge sheet as S.C. POCSO.No. 539 of 2022.

3. It is submitted that during the pendenry of the above case, l-he Petitioner and the Defacto Complainant/2nd Respondent have compromised the matter at the intervention of the elders and well-wishers. As per their advice, the Petitioner and the 3'd Respondent have married and decided to compromise the issue between them and the Complaint/2ndRespondent agreed to compromise and objection to Compound the offence under Sec. 366,341,506,376 (2) IPC & Section 'have 3 R/w. 4 of POCSO Act, 20L2, on the file of the Hon'ble Special Siessions Court for the Trial and Disposal of POCSO Act Cases, Ranga Reddy District at L.B.Nagar. Therefore it is prayed that this the Hon'ble Court may be pleased to record the compromise and quash the proceedings in S.C. POCSO.No. 539 of 2022 on the file of the Hon'ble Special Sessions Court for the Trial and Dispo:;al of POCSO Act Cases, Ranga Reddy District at L.B.Nagar for the offences under Sections 366,341, 506, 376 (2) IPC & Section 3 R/w. 4 of POCSO Act, 2072 and pass such other order or orders as the Hon'ble Court may deem fit and necessary in the circumstances of the case. Hyderabad Date: .01.2025 Petitioner -f - S* ; Po-'^k'*'- Respondent No.2! ' Q VU', l^r,2,- Counsel for the [#-oo*,-, Respondent No.3 I Counsel for No.2.