The High Court · 2025
Case Details
Acts & Sections
1 . The State of Telangana., Rep by its Public Prosecutor, High Court of Telangana Hyderabad. ...Respondent
2. P.V. Gopala Krishna, S/o. P. Venkatappaiah, Aged 65 years, Occ: private, Rl/o. H.No. 6-2-10,2O9, Temple View Residency, Lakdikapool, Hyderabad. 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 quash the proceedings in C.C.No.1344 of 2018 on the file of the Hon'ble Xl Additional Chief Metropolitan Magistrate, at Secunderabad. ...Defacto complainant l.A. NO: 2OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Membrandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Hon'ble Xl Additional Chief Metropolitan Magistrate, at Secunderabad to close the case of C.C.No.1344 of 2018 pending before the above said court, on the basis of Agreement, dated. 26-06-2O22 made between the defacto complainant and the petitioner No. 1 for closing the case pending disposal of the criminal petition. I.A. NO: 3OF 2024 Petition under Section 482 ol Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to fix an early date to hear the main case CrlP No. 21OG of 2O24, in the interest of justice. l.A. NO: 1OF 2025 Between: P.V. Gopala Krishna, S/o. P. Venkatappaiah, Aged 65 years, Occ: private, Ri/o H.No. 6-2-10,209, Temple View Residency, Lakdikapool, Hyderabad. ...Petitioner/Respondent no.2 AND 1 2 Mrs Zohra Gulab Shaik, W/o. lmran Xfran, A-geO 38 years, Occ. Managing Director, ln CRECER Financial Services Pvt. Ltd., At R.310, Mlnarva Complex, Fl/o. H.No.40, Manikanta Building, Padmavathi Nagar, Uppal, Hyderabad. Mr. Rasamsetty Rakesh Kumar Naidu, S/o. R. Malyadri Naidu, aged 32 years, Occ: Marketing, R/o. Akhil Residency, Beside Vellanki Foods, Madhura Nagar, Ameerpet, Hyderabad. ...Respondents/Petitioners No.1 & 2
3. The State of Telangana., Rep by its Public Prosecutor, High Court of Telangana Hyderabad. ...Respondents Petition under Section 359(6) of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High.Court may be pleased to permit the petitioner/respondent No.2 to compound the offence with the respondents/petitioners/A1 and A2 herein by allowing the Criminal Petition filed by the Petitioners against CC.No .1134 of 2018 on the file of Xl Additional Chief Metropolitan Magistrate, at Secunderabad. l.A. NO: 2OF 2025 Petition under Section 359(2) of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner/defacto complainant to compromise the case with the petitioners/accused no. 41 and A2 and the proceedings against the petitioners/accused No.A1 and A2 may be quashed in Crl.P.No.2106 of 2024 which was filed against the CC.No.1134 of 2018 on the file of Xl Additional Chief Metropolitan Magistrate, at Secunderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Shaik Karimulla, Advocate for the Petitioners and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of Mr. K.V.R.L.N. Sharma, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER L THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AND 2 oF 2025 ln/And CRIMINAL P ETITION No. 2106 OF 2024 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' 2023') seeking quashment of the proceedings against the petitioners in C'C' No'1344 of 2018, on the file of the Xl Additional chief Metropolitan Magistrate' Secunderabad
2. The petitioners are arrayed as accused Nos'1 and 2 in the Calendar Case registered for the offences punishable under Sections 40g,420,120-8 oI the lndian Penal Code, '1860'
3. Heard tVlr.Shaik Karimulla, learned counsel for the petitioners' Veeramalla, learned Additional Public Prosecutor' Mr.Jithender Rao representing the respondent No.1-State and Mr'K'V'R'L'N'Sharma' learned counsel ior the respondent No'2/de-facfo complainant
4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2/de-facfo complainant filed l'A'Nos'1 and 2 o12025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the 't petitioners/accused Nos.1 and2in C C No'1344 of 2018' 2
1..4.Nas.1 atd 2 of >, in/ ano L:r/.P.N0.2106 of 2021
5. This Court vide order dated 01 .04.2025 referred the parties to the High court Legar services committee for identification and to verify the voluntariness in arriving the setflement. The Secretary, High Court Legal Services Committee, has submitted report dated 15.O4.2,2'stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/rdentity cards and the enquiries reveared that the parties have wilfufiy and without coercion entered into seftlemenUcompromise. 6 I have considered the submissions of the learned counsel and perused the materials on record. 7' Having considered the aregations, the nature of charged offences and taking into account the amicabre set ement between the parties and to restore peace between the parties, in the right of the dictums in Gran Singh v. State of punjab and anothe/ and Anil Mishra v. State of ll'P'2; state of 'rtttadhya pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment of the impugned proceedings in view of the set ement by exercising jurisdiction under Section 482 Cr.p.C.tS2g of BNSS, 2023, would be in the interest of justice I | 2u2 (to) scc 3os '2024 INSC 189 3 2ors 1s; scc oas 3 ArrRJ I.A.Norl and 2 of 2025 h/ aad CrlP.No.2l06 of 2024
8. Accordingly, LA.Nos.1 and 2 of 2025 are allowed. Consequently, all the proceedings in C.C.No.1344 of 2018, pending on the file of the Xl Additional Chief Metropolitan Magistrate, Secunderabad, are hereby qua;hed 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 //TRUE COPY// Sd/. N. SRIHARI DEPUTY REGISTRAR To, SECTI District. 1. The Xl Additional Chief Metropolitan Magistrate, at Secunderabad. 2. The Station House Officer, Mahankali police Station, Hyderabad City 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to Mr. Shaik Karimulta, Advocate tOpUCI 5. One CC to Mr. K.V.R.L.N. Sharma, Advocate [OpUC] 6. Two CD Copies Hyderabad. [OUT] OFFICER (Along with a Copy of Joint Memo of Compromiie) HIGH COURT DATED:2910412025 O) lU i I .1 and 2 of 202 COMMON ORDER l.A.Nos ln/And CRLP.No.2106 ot 2024 ' C 1r:L4 s? $* N ('( v,l *ll cr il t,, j ,,.., / i'/ l.A.Nos.1 and 2 of 2025 ARE ALLOWED DISPOSING OF THE CRIMINAL PETITION rYl Yllr --7 IN THE HIGH COURT OI F TELANGANA crt'P'No' zloo o12o24 STATE AT HYDERABAD Between: **l';r*flu*':[[#:r:r " 'Petitioner/BesP ondent No'2 \ \ I i And 1
2. 3 I I [,t,*,'*il*,i,:t.r;i* *,"i *5ll,'di,ll*** l:;ritri:l+":f:* JO tor, atH yderabad INT EMM o *il*'"n *:*.. .: : ., .,.Re spondents ..1. herein tiled against the out o{ court ,t is submitted "" ::""::::::ffi:"";'"""::l:: '"'" Y::^; ;;.;r= the matter is settred the present petitioners/ Ac""*,Y1",,nat in view of the ta the petitioner, amlcqbly # \ For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to permit the petitioner/respondent No'2 herein to compound the offence with the Respondents No' A'1' & A'2 /petitioners No. 1 & 2 herein by allowing the criminal Petition filed by the Petitioner and proceedings against th6m may be quashed.in C,C,No, 1134 of 2018 on the file of the Hon'ble Xl Additional Chief Metropolitan Magistrate, at Secunderabad and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case' Place: Hyderabad 5 Dated:22-03- 2 Counsel for the Petitioner/Respondent No'2 Cbunsel for the Petitioners/ A'1 & A'2 C+,;: G+ De-facto- ComPlainant Petitioner/Accused No, A'1 & A.2 1 2 h I