✦ High Court of India · 18 Jun 2025

The High Court · 2025

Case Details High Court of India · 18 Jun 2025
Court
High Court of India
Decided
18 Jun 2025
Bench
Not available
Length
1,232 words

I|9 Stqtg of Telangana, R9p by the pubtic prosecutor High Court for the State of Telangana, At Hyderabad. ...RespondenUComplainant Mr. J. Pradgep.[!g.an, S/g Ashok Kumar Reddy, Aged 44 years, Occ. Advocate, R/o. Villa No. 38. Gokul Brindavanam Simhapuii Colony, Bowrampet, Hyderabad. Mrs. Ch.erukuri Anuradha, D/o. Cherukuri Krishna Murthy, Aged 38 years, Occ. Advocate, R/o. Villa No. 38. Gokul Brindavanam Siinnipuri Co'fony,' Bowrampet, Hyderabad. ...RespondenUAccused Nos.1 &2 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 in FIR No. 35 of 2o2s in Raidurgam police Station, Cyberabad against the Accused Nos..l & 2. l.A. NO: 2 OF 2025 Petition under Section 359(6) 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminll petition, the High court may be pleased to permit the petitioner/De-facto complainant to compound the offence with the Respondent Nos.2 and 3/Accused Nos.1 and 2 by allowing the present criminal petition by quashing proceedings against the Accused in FIR No. 35 of 2025 of Raidurgam police Station, CyOeraUaOl l.A. NO: 3 OF 2025 Petition under Section 528 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 record the compromise entered into by the parties in FIR No. 35 of zois ot Raidurgam police station, cyberabad and quash the proceedings against the Accused Nos.1 and 2 in FIR No. 35 of 2025 of Raidurgam Police Station, Cyberabad in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri Naga Raja chaitanya Vongavolu, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Addtional Public Prosecutor on behalf of the Respondent No.'1 and of Sri Syed Arif Basha, Advocate for the Respondent Nos'1 and 2 The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.3530 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 respondents/accused Nos.1 and 2 in Crime No.35 of 2025, on the file of the Raidurgam Police Station, Cyberabad.

2. The respondents are arrayed as accused Nos.'l and 2 in the Calendar Case registered for the offences punishable under Sections 329(4), 324(4), 115(2), 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita (for short 'BNS')

3. Heard Mr.V.N.R.Chaitanya, learned counsel for the petitioner/ de facto complainant, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent-State and Mr.Syed Arif Basha, learned counsel for the respondents/accused Nos.1 and 2

4. Pending this petition, the parties have entered into the compromise and, accordingly, petitioner/de-facto complainant filed l.A.Nos.2 and 3 of 2025 with the prayer to permit them to enter into compromise and by 2 r\-IR./ L,1.Nor? and ) oJ'202t izfand Orl.P.No. )i )0 oJ 2025 recording the settlement to quash the proceedings against the respondents/accused Nos.l and 2 in Crime No.35 of 2025

5. This Court vide otdet dated 01.04.2025 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 11.04.2025 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 . Having considered the allegations, the nature of charged offences and taking into account the amicable settlement between the parties, in the light of the dictums in Gian Singh v. State of Punjab and anotherl and Anil Mishra v. State of lJ.P.2; State 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 ' 2012 (1Ol SCC 303 '? zo24 INSC 189 3 2or9 (5) scc 688 3 N7&/ IA.Nol.2 and 1 of 2025 in/ and Crl.P.No. )5)0 oJ 2025 exercising jurisdiction under Section 482 Cr.P.C.l528 of BNSS, 2023, would be in the interest of justice. B. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all the proceedings in Crime No.35 of 2025, on the file of Raidurgam Police Station, Cyberabad, are hereby quashed against the respondents/accused Nos.1 and 2. I ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed Sd/. S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// ke- SECYON OFFICER To,

1. The Xlll Judicial Magistrate of First Class Rangareddy District at Rajenderanagar.

2. the Station House Officer Raidurgam Police Station, Cyberabad' 3. Two CCs to the Public Prosecutor, High court for the state of Telangana at Hyderabad [OUT] +. One CC to Sri Niga Raja Chaitanya Vongavolu, Advocate [OPUC] 5. One CC to Sri Syed Arif Basha, Advocate [OPUC] 6. Two CD CoPies NVB/PSL I I HIGH COURT DATED:1810612025 a3 ! 2I AU8 20tr COMMON ORDER l.A.Nos.2 and 3 ot 2025 ln/and CRLP.No.3530 of 20Zs DISPOSING OF THE CRLP AND ALLOWING T lA.Nos.2&3OF2025 H r IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDER'ABAD I.A. No. of 2025 Cr!.P. No. ol 2025 Between: Mrs. Munivara Lakhmi Devi, Wo. Nagaraju Munivara, Aged 49 Years, Occ: Business, R/o. Plot No. 85, l.P Homes, Saroornagar, Chinthalakunta, Ranga Reddy, Telangana - 500074' ... Petitioner/De-facto Complainant AND

1. The State of Telangana, Rep, by the Public Prosecutor High Court for the State of Telangana, At Hyderabad.

2. Mt. ). PradeeP Kiran, 5/o. tuhok Kumar ReddY, Aged 44 years, Occ: Advocate, P/o. Villa No. 38. Gokul Brindavanam Simhapuri Colony, Bowrampet, Hyderabad'

3. Mrs. Cherukuri Anuradha, D/o. Cherukuri Krishna MurthY, Aged 38 years, Occ: Advocate, Uo. Villa No. 38. Gokul Brindavanam Simhapuri Colony, Bowrampet, Hyderabad. ... Respondent/ComPlainant ...Respondents/Accused Nos.1 & 2 JOINT MEMO It is submitted that the Petitioner/De-facto Complainant along with the Respondent Nos.2&3/AccusedNos.l&2isfilingthepresentJointMemotocompoundtheoffences as against the Respondent Nos.2 & 3 herein in the above criminal Petition as the matter/dispute between them is settled out of court amicably, at the intervention of their well-wishers. In view of said settlement, the Petitioner/De-facto complainant does not want to proceed with the case against the accused any more' Hence it is prayer perit,oner/De-ra*; ;#: "t:T. RespondenrNos.2 & rro..l:-tl:" FIR No. 35 of 2o2sornuio,l1t-d-Nlt-' potice z and pass such other *o"ltl]' the circumstanc"r;*:'*:J. *0.., ut *,Jno;;::::i Til::H ;::ff :::: j : be pleased to permit the the offences with the Crimina/ Petition bv euashins this Hon'bre Court to'rorno ;';"' u ' *.,,"*rLumpromise station, J;;"t Place: Hyderabad uate: .02.2025 ,,, ,"U.-rt,L - Petitioner/De-facto Complainant Respondent No.2/Accused No.1 . Counsel for petitioner/De_facto Complainant -dl'* Respondent No.3/Accused No. 2 Counsel for Respondent Nos.2 & 3/Accused Nos.l & 2

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