Sfale of Madhya pradesh v. Laxmi Narayan and othersr,this Court is of the considered view that quashment of
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Petition under Section 359(2) of BNSS praying that in the circumstances stated in the affidavit along with Joint Memo of compromise in this Petition, the High Court may be pieased to record the compromise between both parties and allow the quash petition in CC No.2045 of 2023 on the file of lX Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at tvledchal and by compounding the same in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crimlnal Petition and upon hearing the arguments of Sri U. Sri Pranav, Advocate for the Petitioners and the Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri Ganta Manish, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No.2431 OF 2025 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.2045 of 2023, on the file of the lX Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at lt/edchal.
2. fhe petitioners are arrayed as accused Nos.1 to 3 in the Calendar Case registered for the offences purrishable under Section 498-4 of the lndian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. Heard Mr.U.Sri Pranav, learned counsel for the petitioners, tvlr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the reSpondent No.1-State and Mr.Ganta Manish, learned counsel for the respondent No.2/de-faclo complainant.
4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.1 and 2 of 2025 with the prayer to permit them to enter into compromise and by recording the settlemen, r\\ quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No 2045 of 2023 I I I 2 , , \iR This 5 voluntarines High Court ^,, i ;i:;l ,r:, ,-!i,, ;i!;:! Court vide order dated 05.03.2025 referred the parties to the Legal Services Committee for identification and to verify the s in arriving the setflement. The Secretary, High Court Legal mmittee, has submitted report dated 1g.O3.2[2sstating 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 Services Co the parties settlemenUcompromise t''1 6 I have considered the submissions of the learned perused the materiais on record counsel and 7' Having considered the alregations, the charged offences, which are essentia'y matrimonrar and inter-personal in nature and taking into account the amicabre set'ement between the part,es and to restore peace among them' in the right of the dictums in Gian singh v.sfafe of Punjab and anothert and Anit Mishra y. Srate of u.p2;Sfale of Madhya pradesh v. Laxmi Narayan and othersr,this Court is of the considered view that quashment of the impugned proceedings in view of the set,ement by exercising jurisdiction under se "*,.uection 482 cr P c./s28 or BNss, 2023, wourd be ,, ;^"';::.':'.' / I the interest of justice. | 2012 oq scc 303 - zut4 INSC lg9 '2019 (s) scc 688 3 \7 i{. / , 1. 1r,.1 ,7;,1-'r'1-'tl)i ttltn'i (.t,-t'.\..: I ) l 'i:0:; B. Accordingly, l.A-Nos.1 and 2 of 2025 are allowed Consequently' all proceedings in C.C.No.2O45 of 2023' pending on the file of the lX AdditionalJudicialMagistrateofFirstClass'Medchal-MalkajgiriDistrict'at Medchal, are hereby quashed against the petitioners/accused Nos'1 to 3' I To, ln the above terms, the Criminal Petition is disposed of' Pending miscellaneous applications, if any' shall stand closed SdI A. SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY/i I ). SECTION OFFICER
1. The lX Additional Judicial Magistrate of First Class, Medchal Malkajgiri District at Medchal.
2. The Vl Additional Metropolitan lvlagistrate, Ranga Reddy District, at L.B. Nagar.
3. The Station House Officer, Medchal Police Station, Cyberabad Comm issionerate.
4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at l Hyderabad. [OUT]
5. One CC to Sri U. Sri Pranav, Advocate [OPUC] 6. One CC to Sri Ganta Manish, Advocate [OPUC] 7. Two CD Copies (Along with a Copy of Joint Memo of Compromise) w- I HIGH COURT DATED:21 l03l20?s \ I I GOMMON ORDER l.A.Nos.1 and 2 of 2025 ln/And CRLP.No.2431 ot 2025 s, d\\ ip- \ % ,G n i\ d- l.A.Nos.1 anit 2 of 2025 ARE ALLOWED DISPOSING OF THE CRIMINAL PETITION @ W Ei INDIA B e)0n!ea ild,.THT TEI,/TNGANA x 128498 AJ{AVEEN LICENSED SIAMP VENDOR Lic.No.l5"27{07/2015 R.D-lro.ltl34lorl024 [email protected] Cordc. R!og. R.ddy Dist icr Courr Cooploq Ls.NaSrr OfR ryr Rcddy (-oY]lTO4[S e DisuictorR 81Rddv Distric! . ToltJT n4e^4o o? TERMS OF SET'TLEMEN'I H Tra, Id: 2501291151I860.1931 iDatd 29 JA-N :0r5, I l:52 AM ,lur.nred ay: C DINFSH KUMAII s/o G IATAIAH *ro RR ..sEu:.. d ,Ian F s deed of Terms of Settlement is beilg made and executed on this day of 2gth uaty,2025 at Hyderabad, by and between: Qr.Gundu Di'esh Xurnar, S/o Rajaiah, aged about B2 years, Occu: Doctor, R/o H.No.1I-1-5g, Laxrni Nasar Colony, Road No.1, Kothapet, Saroornagar Mandal, f&nga Reddy District, T"-Irngrnr. . ...FIRST PARTY AND E Dr. Vaggu Chandrarekha, D/o Vaggu Shivaramulu, Wo Dr. Gundu Dinesh Idrmar, aged about 82 years, Occu: Doctor, R/o Flat No.fOf, VMB Enclave, Near YU.1"1r{ia:*munity Hall, Ushodaya Colony, Gajularamaram, euthbullapur, I\tEdcha.l, Telangana - S00 05S ao** E H 6 g E F ...SECOND AII Page I of 6 l l I II : I I /) , Whereas the F'irst Party and Second Party are husband and wife' residing at the respective atlrlresses mentioned above' Ttre marriage between First Party and Second Party was solemnized on 29tr' July 2O2O at La RoyaJa Banquet HaII' aboVd Godrej fntbrior, Pillar No' 15-16, beside Reliance Digital' near Kuka@ally Metr6 Staiion, Hyderabad, in accordanbe with Hindu ri*t,* in the preseiide 'of reldtives, elders, family members and well-'wishlis' No children were bornoutofthemarriage,secondPartyhasstayedwith'FiistPartyintheir matrimonial home from 2'a JuIy 2023 to 29th July 2023 a1{ b3th th9 parties are living separately since 30th July, 2023' **::s' : |Wb.ereas the First Party filed a petition for divorb6 bn the grounds of iruelty ' of 2023 before the against; the Second Party, registered as F'C'O'P; No' 1512 HbnlbleAdttitionaiFamilvCourt,RangaReitdyDistrict'at'LBNagar'andthe same is Pending. . . Whrereas the Second Party has filed a criminal case against the First Party and-his family. members under Section 498,4' of the Ind'ian Penal Code' 1860 and Section.s 3 and 4 o{ the Dowry Prohibition Act' registered as CC' NO' 2045 of 2023' whichiscurrentlypendingbeforetheHonblellAdrlitiona]JuniorCivilJudge cum IX Additional Metropolitan Magistrate at Medchal' At this junt:ture, both parties upon the interygntion. of their respective elders and well-wishers, seek to settle the matter amicabl5' to avoid future corii[ilicationi. Given the irreconcilable di-fferences betwueii ttieriii ihey'ntjivrwish' to bfirig tlosure to I hctr marital relationship througb thid settlemeht teims here *it'[ Sitri.iss as under: - 1. In view ofthe considerable time ofmore than one year that has elapsed since the'iilitiation of legal proceedings by both thblitarties; tn-ey 'hIvelmiituallv ' ] .-lagleed to dissolve the marriage through a lecree iof '.DivorcU by Mutua] '.' ' -'.: Consent
2. , The F.C.O.P. No. 1512 of 2023, pending before tlg',Ho+lble Addi t Family Court, Ranga Reddy District at LB Nagar' frleil bv the N,^t"^)/ 2ofG "l I ,l will be converted into a Divorce by Mutual Consent, with the agreement of both the parties. , :i . :
3. The First Party undertakes !q pay the Secord Pa;ty a pgrrnanent alimony of Rs. 12,00,0O0 (Rupees Tkelve Lakhs Only).TE9 amount shall be paid in two equal inst4lme4tp, as specified bqlow,, in {rill pnd final settlement of all claims arising from the qqlital relatiolship. . . .) . \ .., .
4. First Instalment: The first instalment of Rs. 6,00,000/- @upees Six Lakhs Only) shall be paid by the First Party to the Second Party through a Demand Draft vide No 160478 on the date of the conversion of the F.C.O.P. proceedings into Mutual Consent Divorce. This payment will initiate the . 'irr{, ' i, [ ',' ' ' ' ' " ,'' execution of the settlement agreement, with the remaining amount to be paid in accordance with the terms outlined herein. 5 On thc same day that the first instalment is paid, the Second party shall return to the First party the following gold and silver ornaments which were presented to Second Party at the time of marriage, as per the request ofthe First Par[y: a) Choker (40 grams gold) b) Silver Ornamental Item (160 grhms) t) Further, the First party a-lso undertakes tq retgln 1) Engagement Ring (5 grams gold) 2) Home Furniture (alrirah, bed, drqssing table and utensils) and 4) Few Personal items of the Second party presenl.ir First Party'q house, on or before the payment of second instalment.
7. Both the parties agree to take necessary legal steps to facilitate the . quashing of the criminal case currently pending against the First Party arrd his family members registered as CC.No. 2O45 of 2023, before the Hon'ble II Additional Junior Civil Judge cum IX Additional Metropolitar Magistrate at Medchal. The Sccond Paity cornmits to cooperating fully in the lega R***" a { 1 I I I I / / ,/ 8 q
10. : I I proceedings ancl acknowledges that the resolution ofthis matter is essential to finalizing the terms of this settlement. Second Instalment: The First party shall pay the remaining sum of Rs' 6,00,000/- @upees Six Lakhs Only) to the Second Party via Demand Draft vide No 160479 This payment is to be made on thc day the Hon'ble Hight Court issues an order quashing the criminal case against the First Party and his familv members. The second party acknowledges that receipt of this instalment will represent the full and final settlement of all flnancial obligations arising from this agreemdnt, thereby concluding all monetary claims befween the Parties. On the same day that the second instalment is paid, the Second party shall return [o the First party the following gold and silver ornaments which were presented to Second Party at the time of marriage, as per the request of the : First Party: a. Mangala Sutram Chain (20 grams gold) b. Mangala Sutram Pendant (5 grams gold) c. Earrings (7 grams gold) d. Vanku @racelet) (6 grams gold) e. Engagement Ring (4 gams gold) f. Plain Ring (5 grams gold) ,; "' ' Deletion of Personal Media and Liability for DiSblosure: The First Party unequivocally undertakes to delete all personal and privat'e photographs, vidcos, screenshots, and recordings of the Second Party (Wife), ; ilclqrting but not limited to any media captured during video calls, that were ta-ken duriag their rn arriage. This obligation encompasseq all such media stored on physical storage devices, smart devices, clogd stor4ge, or any other ,digrtal 9r electronic platform within his possession or control. The First Party fi:rther affirms that he wili not retain :rny copies, backups, or reproductions of said media in any fornl or medium- "l'- l' ' *^* e Q-.*M V
11. In the event that any aI other media be ronging,::r:T::::'J#ili:# ;:ff : ".,,3; ,". -",1",r."""sibIe to any rhird party, wherher intentionalty or :::|t:l::, as a re3ul! of negliqence. lhe First party shall bear fulI responsibility for all civil and criminal conseqrl:nces arising from sjch actions. This includes, but is not limited to, prosecuti acknowredges rhat any ,::# jrrH:ff:::T-rime rhe Firsr parrv party ro pursuu,*_"a,u,";';;il:;;:r,.entirre and injuncrive relie{ in uaaiti"on ,;;;1t}9 applicatrle law and vice versa. rhe'second claims for damages ,,,L'u{i"f. available under '
12. 13 #:*1 ';y.illir::": ":"1 decrare tt'at' up'oo rurr ment or rhis agatnst each other. fi.V u." at Iiberty to lead their rrr"" r"O"*rrl"rffi; without interference from one another. ; ' considercd seutled and co Both parties hereby confi disputes between,n",,':;n::;'Xt:Jt":T::: Tffi:j, r^* ::: initia re any ru rthe r," _rli";":;:;';;: ;"jo;;:H fiT#i: matters arising from the.. signinestheconcrusion";"T;lJ':T:::":::;#il,Trff eagl'povg"fogward without further,legal enf,anglerygnts.;, " -' * ":
15. .,.1 Bollr parties confirm that they have entered into this: 19i y13 "ia *r,.,tarypo.,"".,r *";;;;;;;'i;**-"nt Bbth iarties, o-eing welt educated professiona-ls, ui uddertake to refrain fron in each other's p frirrher a,$ree not r" -"0"'^lll","fering diibther, their famiries.;; :::f :::.:;:.'r*; platforms. ortheir own ,rce, coercion, or fraud. ufualy agree and eiscinal lives. They remarks about one or on social media (4"elz' 6 { l l I l I l : I ) i -
16. Both parties agree that these terms of settlement fbrm part of final Divorce Decree issued by the Hon'ble court. Any violation of these terms shall be considered contempt ofcourt, and the aggrieved party may seek appropriate legal remedies for breach ofthis agreement.
1.7 . 18 Both the Parties indemni-fr each other against ariy future viorations of these terms. In the event ofa breach, either party is entitred to seek enforcement of these terms through the appropriate legal forr.,m. There are Foru Originals of this Terms of Agreement- The First party retains orle copy, the Second party retains another, Third Copy will be submitted to the court for filing in F.c.o.p. No. 1512 of 2o2lbefore the Hon ble Additiona_l Family Court, Ranga Reddy District. at LB Nagar and the Fourth Copy will submitted to the Hon,ble High Court in the quash proceedings of the cc.No. 2045 0f 2023, before the Hon ble II Additional Junior Ciyil Judge cum IX Additional Metropolitan Magistrate at Medchal IN WITNESSETH WHEREOF both the parties, having duly f Agreement, have sigrred this consenl without any coercion ear l.trsl abovc mentioned, in understood the contents ofthe above Terms o Terms of Agreement with their free will and or undue influence, on the day, month and y the presence of the following witnesses. Signed in the presence of Witness (with Name and address) G' RrA:r+ tAIt \4-- n 1 2 K.SR}KA^ITI} e I*,1" Iriist Party V,*\^e)1 \ Second Party