High Court · 2025

"'ResPondent No'1 to '3' petition under section 528 0f BNSS pr.uyilg that in the circumstances petition' the High Court may stated in the Memorand';?;-';';lJoic'lm'nat be oleased to quash l'ogt*""nlill'i-z-l zola in sc No'311 of 2016 on the file of Metropolitan St"ionl'o"igt'"t'i'i"i'b'd iF'l"kn'*' Police' Station' Hyderabad) whereby ptiitio-'iJi'"""Lu is sentenced to undergo simple imorisonment tor. , p"noo Li; ;;;; and also to p€v a fine of Rs 1000/- for the offence u/s,307 IPC and in i"f"'ft ot payment bt tin" to undergo simple i.pii.""..^t for a period of three months' I.A. NO:1 OF 2025 BETWEEN: 1 Tulasi Nagesh, S/o Sataiah, aged about 50 years' -Occu il;:bi;oiirririn, N"t'r"iit't's"' Uppusuda' Hvderabad' trilCH worker' t I I { I i ! i,l i I 'i I i I I ---_7 ., 2 ?'1:6;ii1n;,R#',i:U,.tsl"il1;i,,.:ilio3;i:ol*Emp,oyee,R,o, . . . petitioners/Respondent No.1 & 2 in lA.Nos.1 A Z ot ZOZS AND 1 g;.3$!i"JpT[3i,talf 3]i,,ff13,*s,,t3*,i"'#.3'""1,.E5;*;,ff 2 The Station House Officer t fs,Tfi ff f fi ei?,["#XT,:iffi ,:??i":':",",.::?i[lgffi ?:??fl "stateor 5; Petition under Sec ...Respondent No.l & 2 in lA.Nos.1 & 2 of 2O2S i,i1;",!,.:"T*,7"1'il{frT:iiir*i}ls:irli"s."iti',:i,ll",,:#H;tiH:; iffi ::,Td;:;";1jr'jt:,i,1:,':^.r'i jf::1li:"5i'1il.:.,oYi"i;';;;;;";. s tgtio" n ;; ; r;"bttff#" l rt"*trTn iJj T; sen tenced to u n d e rs o pav a fine e",n*::,;*,:'fi J;Tffi :aVl;:',"i#;11/1ffi l[J##til,i'J:i "r n. iobi) i"fp^'! ''n'i"on'ent for a pe ir"']',t^", " I.A. N O: 2oF 202s Petition under Scction 3S9 ( 1 ) BNSS oravi #]f##".#'19e"''"i""ii"''#lxii"3,"lll'x';i.'i"":#"u::i;:; :::r":::'f ::$iil#ilil1b[i,lt#ilil ffi1il*;,Tniirya'ifu ,ilil,?#::i,,"1J?:#.",h:**ji,?:["i1,ft ft :::"li#l%J* This petition comin ^ Grounds criri"rip";l,g__ot tg,. hearing, upon p, "r ["J:';]ip,r*tnlpSt[+lrt'ir*t":l{i#i',"H#fl No 3 and sri Allu The Court made the following: COMMON ORDER 'orthe Respondent Nos.1 ;eno#ent ) THE HONOURABLE SRI JUSTICE N'TUKARAMJI l.A.Nos. 1AND20 F 2025 ln/And CRIMINAL PETITIO NNo _27250 F 2025 COMM oNo RDER This Criminal Petition is filed under Section 528 of Bharatiya 2023 (fot short 'BNSS, 2023')' seeking Nagarik Suraksha Sanhita' quashment of the judgment dated 0201 '2018 in S'C'No'311 of 2016 on the file of the rearned [r/retroporitan sessions Judge, Hyderabad, whereby the petitioner/accused is convicted and sentenced to undergo simple imprisonment for a period of two years and to pay fine of Rs.1'0001 for the offence punishable under Section 307 of the lndian Penal Code' 1g60, in defaurt of payment of fine to undergo simple imprisonment for a period of three months'

2. The petitioner is sole accused in the Sessions Case registered for the offence punishable under Section 307 of lndian Penal Code' '1860'

3. Heard tr/lr.G Suresh Goud' learned counsel for the petitioner' lVlr.Jithender Rao Veeramalla' learned Additional Public Prosecutor representing the respondent No'3-State and lr4r'Allu Nageswar Rao' learned counsel for the respondent Nos'1 and 2'

4. Pending this petition, the parties have entered into the compromrse and, accordingly' they moved lA'Nos 1 and 2 of 2025 with the prayer to *p-e-rmit them to enter into compromise and by recording the settlement to 2 \TRJ L.,1.N0t.1 atd 2 of 2025 tn/ ant! Ct/.P.N0.2725 of 2025 a quash the judgment dated 02.01 .2018 passed in S C.No.31.l of 2016 against the petitioner/accused. 5' This court vide order dated 27.02.2025 referred the parties to the High court Legar Services committee for identification and to verify the voluntariness in arriving the set,ement. The Secretary, High Court Legal Services committee, has submitted report dated 05.o3.2o2sstating 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 willfully and without coercion entered into settlement/comprom ise. 6 I have considered the submissions of the learned counsel and perused the materials on record 7' The accusation against the petitioner/accused in the porice Report is that on 31 122015 during rate night hours, whire new year cerebrations were going on, a quarrel took place between the petitioner/accused and the respondent No.2/injured, on that the petitioner/accused took a knife from his house and caused stab injury to the respondent No.2. On the complaint lodged by the respondent No.1/de-facfo complainant, a case was registered by the police concerned and after completion of investigation, the petitioner/accused was chargesheeted for the offence punishable under Section 307 of l.p.C. After completion of trial and by 'I 3 N]11/ l.A.Not.1 and 2 aJ )025 in/at Crl.P'No 2'25 of 202" appreciating Ivletropolitan the evidence adduced bY the Prosecution, the learned Sessions Judge, HYderabad' had Passed the .iudgment dated 02.01.201g convicting and sentencing the petitioner/accused to undergo Simple lmprisonment for a period of two years and to pay a fine of Rs.1,0001 for the offence under Section 307 of l'P C and in default of payment of fine to undergo Simple lmprisonment for a period of three I \ t l months

8. 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 Puniab and anothe/ 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 judgment 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'

9. Accordingly, lA Nos'l and 2 of 2025 are allowed Consequently' the judgment daled 02'01'2018 in S C No 31 1 of 2016 on the file of the learned lVletropolitan Sessions Judge' Hyderabad' is hereby quashed against the Petitioner/accused ' '2012 (10) scc 303 'z 2024 INSC 189 r zors 1s1 scc oas 4 A'7n,/ l.,,l.Not.t ad 2 of 2025 in/antl Lr1.P.N0.2725 oJ 202i .s 10 ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/- V. DEPUTY RE KAVITHA crflTRAR I )v, OFFICER SECTIOF I To, Hyderabad [OUT] '1 . The XVI Additional Chief Metropolitan magistrate, Hyderabad. 2. The Station House Officer, Falaknuma Police Station, Hyderabad- 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. Ohe CC to Sri G.Suresh Goud, Advocate [OPUC] 5. One CC to Sri Allu Nageswar Rao, Advocate [OPUC] 6. Two CD Copies ?F NVB/gh f HIGH COURT DATED:18 tO3t2O2S I i I I l I I I , I I I 1 : i i...Ff S74 - -o'r ,a _-_.\Y"::, 0 3 sEP 205 \ COMIVION ORDER l.A.Nos.1 and 2 of 2025 ln/and CRLP.No.Zt2S of 2025 DISPOSING OF THE CRLP AND ALLOWING THE lA.Nos.t &20F 2o2s A- '6 t tI