High Court · 2025

'1. The State of Telangana, Rep, by Public Prosecutor, High Court of Telangana at Hyderabad.

2. Sheelam Yadaiah, S/o.Pitchaiah, Aged about 49 years, occ- Agriculture, R/o.Kotamarthy Village, AddaguduiMandal. Yadadri Bhongir District' ...RESPONDENTS/COMPLAINANT 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 call for the records pertaining to chargesheet vide sc.No.62l2024 on the file of the Honorable Additional Assistant sessions Judge court, Ramannapet at Yadadri Bhongir District and quash the same for the offences u/s.306 r/w 511, lPC. l.A. NO: 2OF 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 Stay of all further proceedings in chargesheet vide sc.No.62l2024 -.9 On the file of the Additional Assistant Sessions Judge Court, Ramannapet at Yadadri Bhongir District for the offences u/s.306 rlw 511, lPC, including the appearance of the Petitioners/Accused No.1 to 5. l.A. NO: 3 OF 2025 Between: Sheelam Yadaiah, S/o.Pitchaiah, Aged about 49 years, occ- Agriculture, R/o. Kotamarthy Village, Addagudur Mandal. Yadadri Bhongir District. RESPONDENT. NO.2/COMPLAINANT AND

1. The State of Telangana, Rep, by Public Prosecutor, High Court of Telangana at Hyderabad. RESPONDENT 2- Chamakuri Sravanthi, D/o.Yellaiah Aged about 23 years occ- Student, R/o. H.no. 1 -83, Kommala Village, Jajireddugudem Mandal,Suryapet District. 3- Chamakuri Yellaiah, S/o.Somaiah, Aged about 46 years occ-Agriculture, R/o.H. no. 1 -83, Kommala Village, Jajireddugudem Mandal, Suryapet District. 4. Chamakuri Prashanth, S/o.Yellaiah, Aged about 24 years occ- RMP, Rio.H.No. 1 -83, Kommala Village, Jajireddugudem Mandal, Suryapet District. 5. Nimmala Yadagiri, Sio.Pitchaiah, Aged about 57 years, occ- Business, R/o. H.No.2-10-88/12, Sri Harsha Colony, Jangaon District.

6. Molkapuri Ram Babu, S/o.Pullaiah, Aged about 31 years occ-Business, H.No.152, Mamidipally Village of Nagram Mandal, Suryapet District. ...PETITIONERS/ACCUSED NO. 1 & 5 Petition under Section 359(6) of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Peiition, the High Court may be pleased to Compound the offences and quash the proceedings in SC.No 6212024 on the file of the Additional Assistant Sessions Judge Ramannapet, for the offences u/s.306 r/w 5'1 1, lPC. l.A. NO: 4OF 2025 Petition under Section 359(2) of BNSS, 2023 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 compromised the case in proceedings in SC. No. 6212024 on the file of the Additional Assistant Judge Ramannapet, for the offences U/s 306 r/w 51'1 lPC. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Mr. D Y L N charyulu, Advocate for the Petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.1 , and of Mr- Hassan Hussain Junaidi, Advocate learned counsel for Respondent No.2/dejacto comp lainant. The Court made the following: ORDER ,/ THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No.2700 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/accused Nos.1 to 5 in S.C.No.62 of 2024 on the file of the learned Additional Assistant Sessions Judge Ramannapet at Yadadri Bhongir District.

2. The petitioners are arrayed as accused Nos.1 to 5 in the Sessions Case registered for the offence punishable under Section 306 read with Section 51'l of the lndian Penal Code, '1 860..

3. Heard Mr.D.Y.N.L.N.Charyulu, Iearned counsel for the petitioners, tvlr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and lVlr.Hassan Hussain Junaidi, learned counsel for the respondent No.2/de-facfo complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.3 and 4 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners/accused Nos.t to 7fi - S.C.No.62 of 2024 2 NIRJ [-/'Not-) and I af 2025 ir/ard Cr/.P.No.2700 af 2025

5. This Court vide ordil dated 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 06.03.2025 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 charged offence and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and anotherl and Anit 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 exercising jurisdiction under Section 482 Ct.P.C.1528 of BNSS, 2023, would be in the interest of justice. \ | 2012 (10) SCC 303 'z 2oz+ tt'tsc 189 ' zors 1s1 scc oaa ' #ryr - "t .,/ 3 ,\r&/ l.,l.Nol.) and4 o;f 2025 n/a (.r/.P.No.2700 0j 2025 B. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed. Consequently, all proceedings in S.C No.62 of 2024 on the file of the learned Additional Assistant Sessions Judge, Ramannapet at Yadadri Bhongir District, are hereby quashed against the petitioners/accused Nos.1 to 5. I ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed ,TRUE COPY// SD/- MOHD. ISMAIL PUTY REGISTRAR SECTION OFFICER To,

1. The Additional Assistant Sessions Judge Court, Ramannapet at Yadadri Bhongir District.

2. The Station House Officer, Addagudur PS Police Station, Yadadri Bhonigir Districl, RCK District.

3. One CC to Mr. D Y L N Charyulu, Advocate [OPUCI 4. One CC to Mr. Hassan Hussain Junaidi, Advocate IOPUC] 5. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies W (Along with a Copy of Joint Memo of Comprbmise) Swt/gh -i*ti9-- - I ,. r; a- ; HIGH COURT DATED: 1110312025 COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/And CRLP.No.2700 ot 2025 e o , I .,,.;;\ .,i oR ,11 tUE 20?5 C, ,r, ) . i. r ^-^\ l.A.Nos.3 and 4 of 2025 ARE DISPOSED OF THE CRIMINAL PETITION IS DISPOSED OF : -.. MAY IT PLEASE YOUR LORDSHIP. . l NT CO PR SE L TH RESPONDENTN ,2 E AND THE

1. I submit that basing on my complaint police registered a case in Crime No.3u2023 under section 306 r/w 5i1 of Ipc after concrudlng the investigation police fired chargesheet before JFCM Ramannapet the same was numbered as PRC.No.1712023 later the same was committed to Additionar Assistant session Judge Bhongir, the same was numbered as S.C.No.62l2024. I 2' I further submit that subsequent to numbering the pRC as sc.No.62l2024 due to the intervention of weilwishers and erders myserf and my son by name Raju who is the husband of Accused No.1 entered into compromise as the accused No.1 and my son already taken divorce before the caste erders and riving separatery as such we intend not to proceed with the accused and petitioners in the criminar petition 3' I further submit that in view of the compromise iam not pressing the proceedings before the Triar court which is pending against the accused/petitioners No'1 to 5 and I have not objection to euash the proceedings in SC.No.62l2024 for the offence under section 306 of Ipc against the petitioners/Accused No.I to 5. . It is therefore prayed that this Hon'bre court may be preased to record the compromise and quash the sc.No.62l2024 against the petitioners/Accused No.i tos, for which the respondent No.2 has no objection to record the compromise and j 1 Quash the proceedings and pass such other order or orders as this Hon'ble Court may deem fit fair, proper in the circumstances of the case' and also in the larger interest of lustice. dr6{dvah+l'}i Petitioner No.1 ct. VE-uq Petitioner No.3 '11 "St&eB Petitioner No.2 Petitioner No.4 Petitioner No,5 Coun Cou r the Res ent No.2 Do 4<Og',Y I ResPondent No.2 iDefacto ComPlainant I i I I i 1r J