✦ High Court of India · 30 Apr 2025

The High Court · 2025

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,249 words

Acts & Sections

1 The State of Telangana, represented by public prosecutor High Court, Hyderabad

2. Ms. Monica Agarwal, D/o. Sri Mohanlal Goyal, aged about 45 years Occ. service, R/o. Frat No.3'r65, T9we1 3 prestige Hijrr rieus, euppatguda ,ittage Gandipet mandal, Ranga Reddy district ...RESPONDENT/STATE ...RESPONDENT/DEFACTO COMPLAINANT Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar Fetition, the High court may be pleased to pass an order quashing the proceedings in the cise in crime No.45112024 before the Narsingi porice Station, cyberabad district against the petitio ner/accused, for the aileged offences punishibre under sectionl szo iol, 417 , 504' 506 and 509 of the rndian penar code, 1860, as iilegar, viorative of iaw and judicial precedents. l.A. NO: 2 OF 2025 Petition under section s2g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition,the High court may be pleased to pass an order staying a[ further proceedings in the iase in crime No 45112o24 before the Narsingi porice station, cyoeraoao district incruding arrest and appearance of the petitioner / accused, penarng disposar of ffre aoove Criminal Petition. = l.A. NO: 3 OF 2025 Petition under Section 359(6) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compound the offence against the petitioner/accused herein by allowing the Criminal Petition No.2383 o'f 2025 tiled by the petitio ner/accused against Crime No.45'l of 2024 of PS Narsingi for the offences punishable under section 417.504,506, 376-8 and 509 of lPC. I.A. NO: 4 OF 2025 Betvveen: Ms. Monica Agarwal, D/o Sri Mohanlal Goyal, aged about 45 years Occ. Service, R/o. Flat No 3165, Tower-3 Prestige High Fields, Puppalguda village Gandipet mandal, Ranga Reddy district ...PETITIONER/RESPONDENT NO.2 AND

1. The State of Telangana, represented by Public Prosecutor High Court, Hyderabad ...RESPONDENT/RESPONDENT

2. Sri Mohit Aganrual, S/o. Sri Ramesh Agarwal, aged about 46 years Occ service, Rlo. 237. Neighbourhood Kompally, Qutbullapur mandal Medchal Malkajgiri district ...RESPON DENT/ACCUSED Petition under Section 359(2) of BNSSpraying that in the circumstances stated in the affidavit filed along with the Petition, the High Court may be pleased to compound the offence against the petitioner/accused herein by allowing the Criminal Petition No 2383 of 2025 filed by the petitioner/accused against Crime No.451 of 2024 of PS Narsingi for the offences punishable under section 417, 504, 506, 376-8 and 509 of lPC. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Shyam S Agrawal, Advocate for the Petitioner and Mr. E. Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.l and of Ms. P Sree Ramya, Advocate for the Respondent No.2. The Court made the following: ORDER TT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL I.A.Nos.3 and,4 of 2025 inland CRIMINAL PETITION No.2383 OF 2025 COMMON ORDER: The present Criminal Petition is filed seeking to quash the proceedings in Cr.No.451 of 2024 on the file of Narsingi Police Station, Cyberabad District against the petitioner/ accused, registered for the offences under Sections 417,5O4,506 and 509 ofIPC.

2. Heard learned counsel representing on behalf of the petitioner, Mr.E.Ganesh, learned Assistarrt Public Prosecutor appearing for respondent No.1-State and learned counsel representing on behalf of respondent No.2. Perused the record.

3. When the matter is taken up for hearing, learned counsel for the petitioner submitted that both the parties have entered into compromise and settled the matter out of Court and that the terms of compromise were reduced into writing in the form of memorandum of compromise and I I I I ) EW,J I.A.Nos-g d.nd. 4 oJ 2025 t^'/a4il CrLP,No.23a3 oJ 2025 that I.A.Nos.3 and 4 of 2025 have been liled seeking permission of this Court to compound the offences under Sections 417,5O4,506 and 5O9 of IPC and record the terms of compromise between the parties.

4. Learned counsel for the petitioner further contended that both the parties willfully and without any coercion entered into compromise and therefore, seeks to allow the Criminal Petition.

5. Learned Assistant Public Prosecutor as well as learned counsel for respondent No.2 concedes to the same.

6. In view of the settlement arrived at between the parties no purpose would be served in keeping the proceedings pending. Having regard to the enabling provision of Section 320 of Criminal Procedure Code permission is accorded and the compromise is recorded.

7. Accordingly, the I.A.Nos.3 and 4 of 2025 and the Criminal Petition are allowed and the proceedings in Cr.No.451 of 2024 on the lile of Narsingi Police Station, Cyberabad District against the petitioner/ accused, 3 EWJ I.A.Nos.s d'l.d. 4 ol2025 lnldnd crLP.No-23aA of 2025 registered for the offences under Sections 417, 504, 506 and 509 of IPC are hereby quashed. Miscellaneous Petitions, pending if any, shall stand closed. \ To, 1 2 , 4 A //TRUE COPY// SD/. L. VIJAYA LAXMI ASSI ANT REGISTRAR ECTION OFFICER at Rajendranagar rabad District . The Xlll Additional Metropolitan Magrstrate' Cybera . The Station House Officer, Narsingi Police Station' Two CCs to the Public Prosecutor, state of Telangana, High court Buildings at Hyderabad[OUT] One CC to Sri Shyam S Agrawal, Advocate [OPUCI One CC to M/s. P. Sree Ramya, Advocate [OPUC] Two CD Copies t) (Along with a copy of joint memo of compromise) Plp/gh Fr \ I ( ota f HE $14 0^' ,t't ,':) t') ,1 2/, t ? t nnr pn6 9c DATc HEO ( ? : ( / .re HIGH COURT DATED:3010412025 COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/and CRLP.No.2383 of 2425 ALLOWING THE CRL.P. AND BOTH I.As q.da'W Sfsu' HIGHCOUR T FOR THE STATE OF TELANGANA ATHYDERABAD I.A.No. In of 2025 Crl.P. No. 2383 of 2025 Between: Ms. Monica Agarwal' D/o Sri Mohanlal .-.a aSout 45 years' occ: Service' """ri. i7l. irriN". 3165, Tower 3' Prestige 'Jt';'i*,;;, n; ;pa ia gu rla v i I tagc' Gand ipet Mu'.,dul, Ranga RetldY District AND Petitioner/ ResPondent No 2 I 2 The State of Telangana' ."*"r.r,t"d by its Public Prosecutor High Court HYderalrad ResPondent/ ResPondent SriMohit Agarwal' S/o' Sir Ramesh Ag1yul' ;;"0';;;,, ; 6'"u"'occ: service' R I o' 237 lirl*."rn.od Konr pally' Quthbullapur il;il;; Metlchal Malkaigiri District Respondent/Accused IOI NT MEMO It is sub herein filed th the Petitioner/ mitted that the Defacto complainant/Respondent e present joir-rt Memo to compouncl the offences agaitlst accused as the matter is settled out of court amicably' No'2 ilbflry4,i For the reasons stated above, it is prayed that this Hon'bre Court may be pleased to compound the offence against the petitioner/accused herein by allo*ing the Criminal petition No- 23g3 of ))zs filed by rhe petitioner/accused against Crime No. 451 of 2024 of ps Narsingi for the offences punishable under section 417,504,506,376_8 and 509 of IpC , and pass such other order or orders as this Hon'ble Co,rt may deem fit and proper irr the circumstances of the casc Hyderabad Dalr.d:1l-04-2025 Counse'l for the Petitio I fi,l"ddtV/u-ut Pel itirrrtcr/ Rprpondent No.2 e ndcnt No.7 Respontl C. f o.2/A CCU sed Counsel for rhc o"(Qkr,No.2/ Accusecl

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