✦ High Court of India · 13 Mar 2025

Prosecutor High Court · 2025

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Bench
Not available
Length
1,437 words

Acts & Sections

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 call for the records relating to Crime No. 13 of 2025 on the file of Tekulapally Police Station, Bhadradri-Kothagudem District and quash the proccedings in Crime No. '13 of 2025; l.A. NO: 2OF 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 stay all fu(her proceedings in Crime No 13 of 2O25 on the file of Tekulapally Police Station, Bhadradri- Kothagudem District, pending disposal of the criminal petition; IA.NOS.3 &40F2025:. BETWEEN: Hanuman Daravath, S/o. Dasru Aged 30 years, Occ. Farmer R/o. H. No. 16, Tekulapally, Surya Thanda Bhadradri -Kothagudem District ...COMPLAINANT/2NO RESPONDENT IN BOTH PETITIONS AND

1. Lakkineni Surender @ Surrender Rao, S/o. Sri, Venkateshwar Rao Aged about 57 years, Occ. President PJo. 1-8711, Board Road, Tekulapally Village and Mandal Bhadradri - Kothagudem District

2. Bhukya Raja alias Rajeshwar Rao, S/o.Chatru, aged about 33 years, Occ. Agriculture, R/o.Chandru Thanda Tekulapally Village and Mandal Bhadradri -Kothagudem District

3. The State of Telangana, Rep. by its Public Prosecutor High Court of for RESPONDENTS/PETITIONERS/ACCUSED NOS.1 & 2 IN BOTH PETITIONS the State of Telangana, At Hyderabad. RESPONDENTTSTATE IN BOTH PETITIONS l.A. NO: 3 OF 2025 Petition under Section 359(6) r/w 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of c;riminal petition,the High Court may be pleased to permit the petitioners/Respondents/defacto complainant to compound the offence Registered against the Respondents/petitioners/Accused 1 & 2 Under Section 296(b), 318(4) 351(2) rtw 3(5) BNS, 19(a) Seeds Act, Section 3(1X0(s), Seclion 3 (2)(va)SC ST POA Act on the fite of p.S. Tekutapaily, Bhadradri-Kothagudem and quash the proceedings against the Respondents/petitioners/accused 1 & 2 herein; l.A. NO: 4OF 2025 Petition under Section 359(2) rlw 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminal petition,the High Court may be pleased to record the compromise in Crl.F,.No. 1976 of 2025 and quash the Crime No 13 of 2025 on the file of p.S.Tekulapally, Bhadradri- Kothagudem district Under Sections 296(b), 318(4) 351(2) rtw 3(5) BNS, 19(a) Seeds Act, Section 3(1)(0(s), S6ction 3 (2)(va)SC ST POA Act. against the Respondents /Petitioners /Accused 1 & 2; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A PRABHAKAR RAO, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No. 1 and Sri Ramu Nallamothu, Advocate appear for the Respondent Nr:.2; 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.1976 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for sho( 'BNSS, 2023'), seeking quashment of the proceedings against the petitioners in Crime No.13 of 2025 of Tekulapally Police Station, Bhadradri - Kothagudem District.

2. The petitioners are arrayed as accused Nos.1 and 2 in the Crime registered for the offences punishable under Sections 296(b)' 318(4)' 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS,2023'), Section 19(a) of the Seeds Act, 1966, Section 3(t)(r)(s)' 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Act, 1989.

3. Heard Mr.A.Prabhakar Rao, learned counsel for the petitioners, Mr,Jithender Rao Veeramalla, Iearned Additional Public Prosecutor, representing the respondent No.1-State and Mr.Ramu Nallamothu, Iearned counsel for the respondent No.2/de-facfo complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.3 and 4 of 2025 with the praf6ffo permit them to enter into compromise and by recording the settlement to 2 N7&/.- . D1.Nor) and4 o-f 2025 ir/and CrLP.No.1976 of 2025 quash the proceedings against the petitioners/accused Nos.1 and 2 in Crime No.13 ot 2025. 5' This court vide o(der dated 04.03.2025 referred the parties to the High court Legal services committee for identification and to verify the voluntariness in aniving the setflement- The secretrlry, High court Legar Services committee, has submitted report dated 10.03.2025 stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/rdentity cards and thr-' enquiries reveared that the parties have willfully and without cor-.rcion entered into settlemenUcomprom ise. 6 I have considered the submissions of the learned counsel and perused the materials on record

7. Having considered the allegations, the nature of charged offences and taking into account the amicable setflement beMreen the parties and to restore peace between the parties, in the riEht of the dictums in Gian singh v- stafe of punjab and anotherl and Anit Mishra v. state of IJ.P.2| State of Madhya pradesh v. Laxmi Narayan and offierc3, this Court is of the considered view that quashment of the irnpugned I zo'tz (10) scc 303 ' 2024 INSC 189 r 2019 (5) scc 688 3 Nr&/ IA.No ard4 of 2025 in/and Cr/.1'.N0.t 976 of 2025 proceedings in view of the settlement by exercising jurisdiction under Section 528 of BNSS, 2023, would be in the interest of justice'

8. Accordingly, l.A.Nos.3 and 4 of 2O25 are allowed' Consequently' all proceedings in crime No.13 of 2025 of Tekulapally Pol'rce Station, Bhadradri-Kothagudem District, are hereby quashed against the petitioners/accused Nos.'l and 2. I ln the above terms, the Criminal Petition is disposed of' Pending miscellaneous applications, if any, shall stand closed' sd/-T. JAYASREEz DEPUW REGISTRAtr //TRUE COPY// seckioracen To,

1. The Judicial First Class Magistrate, Yellandu 2. The Station House Officer, iekulapalli P'S'' Bhadradri Kothagudem District 5. On" CC to SRl. A PRABHAKAR RAO Advocate [OPUC] 4. One CC to SRl. RAMU NALLAMOTHU Advocate{OPUCI d. i;; cc.ioFualic pnosEcuron, Hish court it Hvderabad (our) 6. Two CD CoPies (Alongwith a copy of Joint Memo of Compromise) VSM /PSL HIGH COURT DATED:1 310312025 ORDER |A.NOS.3 &40F2025 IN/AND CRLP.No.1976 of 2025 /i \.it-- iI 4Ia 10 saP zttr > C, '2/ * {)s sn^ I c 'rr= =, = ALLOWING THE IA.NOS.3 & 4 OF 2025 AND DISPOSING OF THE CRIMINAL PETITION 8 /4 4,/7 /<> MEMORANDUM OF CRIMINAL MISC. PETITION (rrNDER SECTTON 3s9 (s R/W. 52E of BNSS) IN THE EIGH COI]RT FOR THE, STATE OF TELA}{GANA AT TM)ERABAD I.A. NO. oF 2025 IN Crl.P.No. 1976 of2025 Between: Hanuman Daravarh S/o. Dasru Aged 30 years, Occ: Farmer R/o. H. No. 1-6, Tekulapally, Surya Thandd Bhadradri - Kothagudem District Petitioner/ And 2"dRespohdent\Complainant 1 Lakkineni Surender @ Surender Rao Sio. Sri. Venkateshwar Rao Aged about 57 years, Occ: President R/o. 1-87i 1, Board Road, Tekulapally Village and Mandal Bhadradri - Kothagudern District /'

2. Bhukya Raja @ Rajeshwar Rao Sio.Chatru, aged about 33 years, ,/ Occ: Agriculture, R/o.Chandru Thanda Tekulapally Village and Mandal Bhadradri - Kothagudem District . . . Respondents/ Petitioners/Accused - I & 2 3 The State of Telangana, Rep. by its Public Prosecutor '-,' High Court of for the State of Telangana, At Hyderabad. COMPROMISE PERJ}IISSION PETTTION .. Respondent/State For ttie reasons stated in the memorandum of criminal petition, it is prayed that this Hon'ble court may be pleased to permit the petitioners/Respondents/defacto complainant to compound the offence Registered against the Respondents/petitionersiA:cused 1 & 2 Under Section 296(b), 3r8(4) 35r(2) r/w 3(5) BNS, 1!r(a) seeds Act, Secrion 3(l)G)G), Section 3 (2)(va)SC sr poA Act. on rhe fite of p.S. Tekulapalll.., Bhadradri-Kothagudem and quash tlie proceedings agarnst the Respondents/petitioners/accused I & 2 herein and pass such other orders and order as this Hon,ble court may deem fit and proper in the clrcumstances of the case ). l- S^^.^^Jt"Qcs^ ez. K R+ \d"\rP' JAILOR DIStruCf JAIL, KHAIR(Sfindents,lPetitioners/Accused I &2 ra. S+s-\ Petitioner/R2 Defacto complainant Counsel fo Respondents/P etitioners Accus edt&2 A1 Cornr.l f7.'i* Petitioner/R2r Defacto complainant

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