Anit Mishra v. State of lJ.P

Rayipalli Dayamani, Wo. Bonu Mnod Kumar, D/o. Ryipalli Raghuram, Aged about 23 years, Occ. Household, Fl/o. Rompivalasa, Srikakulam, A.P. ...Respondent No.ZDefacto Complainants in Crlp and l.A.No.4 ot 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 Quash the proceedings of PRC No.13 of 2025 on the file of Honourable I Addl. Junior Civil Judge Cum Xll Addl. Judicial Magistrate of First Class Medchal-Malkagiri at Kukatpally for the offence U/ Sec.376, 417 420 IPC and Sec.4 of D.P. Act. l.A. NO: 1OF 2025 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 dispense with filing of the original certified copy of PRC No.13 of 2025 on the file of Honourable I Addl. Junior Civil Judge Cum Xll Addl. Judicial Magistrate of First Class Medchal-Malkajgiri, at Kukatpally for the offence U/Sec 376, 417,420 IPC and Sec.4 of D.P. Act. l.A. NO: 2OF 2025 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 the proceedings in PRC No.13 ol 2025 on the file of Honourable lAddl. Junior Civil Judge Cum Xll Addl. Judicial Magistrate of First t Class, Medchal-Malkajgiri, at Kukatpally for the offence lJ /Sec.376,417,420 IPC and Sec.4 of D.P. Act including his personal appearance pending disposal of the quash petition in the interest of justice. l.A. NO: 3 OF 2025 Between: Rayipalli Dayamani Wo. Bonu Vinod Kumar D/o. Ryipalli Raghuram, Aged about 23 years, Occ: Household, R./o. Rompivalasa, Srikakulam, A. P. AND ...Petitioner/Defacto Complai nant 1 The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad. ...RespondenUComplainant

2. Bonu Vinod Kumar S/o Krishna Rao,Aged about 24 years, Occ: Constable R/o. Kantragadda Village, Sailada, Gosani Tehsil, Gajapathi District, Odisha 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 petitioners to compound the offences Section 376, 417, 420 IPC and Sec.4 of D.P. Act ..,RespondenU Accused l.A. NO: 4OF 2025 Petition under Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to compromise the proceedings in PRC No.13 of 2025 on the file of Honourable I Addl. Junior Civil Judge Cum Xll Addl. Judicial Magistrate of First Class Medchal-Malkajgiri, at Kukatpally for the offence U/Se<;.376, 417,42O lpc and Sec.4 of D.P. Act in the interest of justice and equity. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M Raju, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No,1 and Sri D.Mohan Rao, Advocate for the Respondent No.2 The Court made the following: COMMON ORDER r' -.-r 1 *,y THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No.2549 OF 2025 COMMON ORDER This Criminal Petition is filed under Section S2g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023'), seeking quashment of the proceedings against the petitioner/accused in P.R.c.No.13 of 2025, on the file of the learned lAdditional Junior civir Judge-cum-Xll Additional Judicial Magistrate of First class, Medchal- Malkajgiri at Kukatpafiy.

2. The petitioner is the sole accused in p.R.C. No.13 of 2025 registered for the offences punishable under Sections 376,417,42O of lndian Penal code, 1860 and section 4 of the Dowry prohibition Act, 1961 .

3. Heard Mr.M.Raju, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional public prosecutor, representing the respondent No.1-State and Mr.D.Mohan Rao, learned counser for the respondent No.2l de -facto complainant.

4. Pending this petition, ttre parties have entered into the compromise and, accordingly, they moved l.A.Nos.3 and 4 of 2O2S with the prayer to permit them to enter into compromise and by recording the setflement to 2 NltL/ IA.Noi.l atd I o!2025 irland CrtP No'2549 oJ 2025 quash the proceedings against the petitioner/accused in PRC No'13 of 2025

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 O4'O32025 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 willful and without coercion entered into settlemenUcomPromi se' I have considered the submissions of the learned counsel and

6. perused the materials on record. The accusations against the petitioner/accused in the Police Report 7 . are that the petitioner/accused' who is relative of the victim's husband' had developed intimacy with the victim' committed rape on the pretext that he would remarry her and harassed her for dowry' Having considered the allegations' the charged offences and the amicable setrement between the parties and to restore peace arnong them' in the light of the dictums in Gian Singh v' State of Puniab and anothe/ and r2012 (10) scc 303 t-- --?.7 3 Arr&/ IA.Not.) a 4012025 it/azd CrlP.No.2549 oJ 2025 . Anit Mishra v. State of lJ.P.2i Stafe of 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.l528 of BNSS, 2023, would be in the interest of justice.

8. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed. Consequently, all proceedings in P.R.C. No.'13 of 2025, on the file of the learned I Additional Junior Civil Judge-cum-Xll Additional Judicial Magistrate of First Class, Medchal-Malkajgiri at Kukatpally, are hereby quashed against the petitioner/accused.

9. ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed \ I To, SD/. A.V.S.PRASAD DEPUW REGISTRAR ,ITRUE COPY'I SE N OFFICER l.XllAdditionalJuniorCivilJudgecum&VllAdditionalMetropolitanMaglstrate' Medchal-Malkajgiri district at Kukatpally z. iie Station Hou'se Officer, Kukatpally Pol'rce Station' Cyberabad. 5 f*L CC, to tn" Publc Prosecutoi, Hign Court for the State of Telangana at Hyderabad (OUT) +. One CC to Sri M Raiu, Advocate [OPUC] 5. Two CD CoPies (A ABK/PSI- Along with a copy of Joint Memo of Compromise HIGH COURT DATED: 1710312025 COMTION ORDER l.A.Nos. 3 AND 4 OF 2025 ln/and CRLP.No.2549 ol 2025 ', ' '': - \ \.,. . \\ 0g sEP 206 I DISPOSING OF THE CRIMINAL PETITION ANO ALLOWING l.A.Nos. 3 AND 4 OF 2025 ( L @ 6 g 2f IN THE HIGH COURT OF JT,DICATURE AT: HYDERABAD FOR THE STATE OF TELANGANA ' i: CrI.P.No. lrrl of 2025 Between: Bonu Vinod Kumar S/o. Krishna Rao, Aged about 24 Years, Occ: Constable R/o. Kantragadda Village, Sailada, Gosani Tehsil, Gajapathi Distrit, Odisha' AND i,j .- Peti-tionqr/ Accused l I t, {. 1 2 The State of Telangana n;p tV i," Public Frosecutor, High Court at HYd' i Rayipalli DaYamant W/o. Bonu Vinod Kumar O/o. RyiPa1ti Raghuram, 23 Yiars, Occ: Household' eg"a RJo. Rompivalasa, Srikakulzrrn' A'P"" ^Uort Respondent No.1// Complainant Respondent No.2/ Defacto comPlainant JOINT MEMO FILED ON BEHALF OF THE PETITIONERS AND RESPO NDENT NO.2 & VTCTIM May it please Your Honour; It is submitted that as per the advise of tlre elders and well wishers, the matter has been cornpromised or'rt of the court and the respondents No.2 has agreed t'o withdraw the said ca'se and hence no objection to quash the proceec{ings in PRC No'13 of 2025 on the hle of Hon'ble I Addl' Junior Civil Judge Cum XII Addl' Judicial Magistrate ol First Ciass Medchal-Malkagiri' at Kukatpally for the offence U/Sec.376, 417, 42O IPC & Sec'4 of D'P' Act a3ajnstrlh,e petitioner/ accused k' D"'o*^-'' I\ * r,i //2// PRC No.13 of 2025 on the file of Hon'ble III Addl' District & Sessions Judge Cum II Addl' Sessions Judge, Mey'chai-ir'ilalkajgiri District' at fut<atpatty for the offence U lSec'376, Sl7, 42(t IPC & Sec'4 of D'P' Act. /

3. I submit that, now at the inter-vention of elders and well wishers' we have settled his dispute with 1.he respondent No'2 and intend to proceedings lartnched againsf me' withdraw the above ".i-lt"t Therefore the respndent No'2 has no objection if this Honble Court is pleased to quash tJre proceedings in PRC No' L3 of 2025 on the hle of Hon,lcle I AddI. Junior civil Judg'e cum XII AddL. .Iudicial M4gistrate of First class Medchal-Malkagiri, at Kukatpallv lor the offence u/ Sec.376, 417,42O IPC & Sec'4 of D'P' Act' It is.therqfore prayed that this Hon'ble Court may be pleased to A-Gg6,'if;f."*eErlpt** pRC Ni,. t3 ot 2o2s o. Lhe fiIe of Hon'''e I Addl. Junior Civil Juige Cum XIt Addl' Judicial Magistrate of First Class Medchal-Malkagiri, at Kukatpally for the oflence U/Sec'376' 417, 42O IPC & Sec.4 of D.P. Act in the interest of justice al1d equity. Sworn and sig:ned before me on this the I I a"y of FebruarY, 202;i at Hyderabad. EDEPONE -"^ I Nf^ ix-o ov" ADVOCATE/HYDERABAD :a n re: fiIe Mai