High Court · 2025

Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the F.l.R. No. 360 of 2024, of P.S. Korutla, Jagtial District,; |A.NOS.2&30F2025 BETWEEN: Magini Chinnakka, Wo. Magini Hanumanthu, Age. 40 Years, Occ. Coolie, R/o. H. No. 5-73i20, Madhapur Village, Korutla Mandal, Jagtial District (Erstwhile Karimnagar District). ...PETITIONER/RESPONDENT NO.2 IN BOTH PETITIONS AND

1. The State of Telangana, through S.H.O., P.S. Korutla, Jagtial District, represented by Public Prosecutor, High court at Hyderabad. RESPONDENT IN BOTH PETITIONS t I I ! I I I

2. Pallepu Mahender @ Pallapu Mahendhar, S/o. Ellaiah @ Pallapu Ellaiah, Age.20 Years, Occ. Student, R/o. H. No.21-56, Timmayya palle, Oddera Colony, Korutla Mandal, Jagtial District (erstwhile Karimnagar District). 3. Idagottu Suguna, Wo. Krishna Murthy, Age.39 Years, Occ. Labour, R/o. H. No. 5-73122, Madhapur, Korutla Mandal, Jagtial District (erstwhile Karimnagar District). ...RESPONDENTS/ACCUSED NOS.1 & 2IN BOTH PETITIONS l.A. NO: 2 OF 2025 Petition under Section 359(6) r/w 528 of BNSS,'2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to permit the petitioner for compromise in F.l.R. No. 360 of 2024, of P.S Korutla, Jagtial District, in terms of the accompanied compromise memo: l.A. NO: 3 OF 2025 Petition under Section 359(2) r/w 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to compound the offences for quashing the F.l.R. No. 360 of 2024, of P.S. Korutla, Jagtial District, in terms of the accompanied compromise memo; This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K VENUMADHAV & K.Krishna Kalyan, Advocates for the Petitioners and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No. 1 and Sri Rajath Kumar Pradhan, Advocate appear for the Respondent No.2; The Court made the following: ORDER I I : ; I I I I i I i i I Il I THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.1 965 0F 2025 COMMON ORDER This Criminal Petition is filed under Section 529 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, ZO23'), seeking quashment of the proceedings against the petitioners in Crime No.360 of 2024, of Korutla Police Station, Jagtial District.

2. The petitioners are arrayed as accused Nos.1 and 2 in the Crime registered for the offence punishable under Section 137 (2),64(1) read with Section 49 of Bharatiya Nyaya Sanhita, 2023 and Section 3 read with Section 4 of the Protection Of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

3. Heard Mr.K.Venumadhav and Mr.Kamtala Krishna Kalyan, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.Rajath Kumar Pradhan, learned counsel for the respondent No.2/ de-facto complainant.

4. Pending this petition, the parties have entered into the 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 tod- 2 ,\TR,/ I-..|.Nc,r.2 drtl ) of2025 in/ana (.lri.l'.N0.1 965 oJ 2025 quash the proceedings against the petitioners/accused Nos.1 and 2 in Crime No.360 of 2024

5. This Court vide order dated 01 .04.2025 referred the parties to the High Court Legal Services Committee for identificition and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 07.04.2025 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 in the Police Report lodged by the mother of the victim girl are that, the petitioner/accused induced the victim girl on the pretext of love and sexually assaulted her under promise to marry her. Having considered the allegations, the charged offences and the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. Sfate of Punjab and anotherl and Anil Mishra v. Stafe of U.p.2; State of | 2012 (10) scc 303 ' 2024 INSC 189 J NTR,/ l.A.No and I of 2025 in/and Cr/.P.No.1965 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.1528 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 Crime No.360 of 2024 of Korutla Police Station, Jagtial District, are hereby quashed against the petitioners/accused Nos.1 and 2 9 ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. | -t' To SD/-A.SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER '1. The Judicial Flrst Class Magistrate, Korutla 2. The Station House Officer, Korutla P.S., Jagtial 3. One CC to SRl. K VENUMADHAV Advocate IOPUCI 4. One CC to SRl. K KRISHNA KALYAN Advocate IOPUCI 5. One CC to SRl. RAJATH KUMAR PRADHAN Advocate tOpUCl 6 Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 7. Two CD Copies (Along with a copy of Joint Memo of Compromise) VSM w 3 zots 1s1 scc 68a HIGH COURT DATED:1510412025 ORDER |A.NOS.2&30F2025 IN/AND CRLP.No.1965 of 2025 e o .J ltlE SIA/ (' 16 itjtl 206 -c ?t.., nlcuf 1'- ALLOWING THE IA.NOS.2 & 3 OF 2025 AND DISPOSING OF THE CRIMINAL PETTTION 19 w rfil)2 o 2 IOINTCO MPROMISE MEMO FILED BY THE PETITIONERS AND THE RES PONDENT No.2. 1). It is submitted that, this quash petition is fired by the petitioners praying this Hon'ble Court to quash the F.I.R. No, 260 of 2024, of p.S. Korutla, Jagtial Disfric! in whieh his name js shown as Accused. 2). It is submitted tha! basing on a complaint filed by the respondent No. 2 the police Korutla,Jagf,al Distric! registered the said F.I.R. No. 360 of 2024, of P.S. Korutla, Jagt,al District, for the offences punishable under section 137 (2) oiB.N.s. Thereafter an alteration memo was filed by the police by adding Sections 6a e) r/w.49 of B.NS. and section 3 r/w 4 of Prevention of Children from sexual offences Act (POCSo) Act. 3). It is submitted that, the petitioners at the advice of the elders and well wishers got resolved the differences which arose between the petitioners and the respondent No. 2, as such the respondent No. 2, has no grievance at all against the petitioners, therefore she doesn,t want to prosecute them, as.such she has no objection for quashing of the F.I.R. against the petitioners. nEaF J 4). It is submitted that,'the petitioners and the respondent No. 2, got reduced this joint cornpromise memo and the respondent No. 2 has no objection for quashing of the F.l.R., this joint comprornise memo may be treated as part and parcel of the quash petition. It is submitted that, the respondent No. 2, is also filing an affidavit to the said effect. It is submitted that, as a matter of fact the alleged victim has no grievance at all against the petitioners and she has not at all fited the complaint, however, she is filing an affidavit clearly staling tha! she has no grievance at aii against the petilioners and she has no objection for quashing the criminal proceedhgs against the petitioners. 5). It is submitted that, the petitioner No. 1 and the daughter of respondent No. 2 are married and the victim girl is pregnant at present, they are living together and leading happy marital life, therefore, the continuation of the crirninal proceedings will cause lot of mental agony to both of them, in view of the above submissions it is just and essential to consider the request of the petitinners and the respondent No. 2 to quash the F.I.R. ,zO 4 6). For all the reasons'stated above, this Hon'ble Court may be pleased to quash the F.I.R. No. 350 of 2024, of P.S. Korutla, |agtial District, in terms.of this compromise memo and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. p {Yb,l'vKil^il/ I Petitiohei-No. 1. L'$'()% ' Petitioner No. 2. Date:10-02-2025 Place: Hyderabad. Counsel for the Petitioners. uxhh^"kKq Respondent No. 2 2 Counsel for the Respondent No. 2 -d ad!