The High Court · 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 all further proceedings in crime No.16 of 2025 on the file of Tekulapally Police Station, Bhadradri-Kothagudem District, pending disposal of the criminal petition l.A. NO: 3 OF 2025 Between: Jethya Bhanoth. S/o Chanda, Aged 45 years, Occ. Agriculture R/o Chandru Tanda, Tekulapally Mandal Bhadradri-Kothagudem district. ...Petitioner/2* RespondenUComplainant / AND '1 . Lakkineni Surender @ Surrender Rao, S/o. Sri. Venkateshwar Rao, Aged about 57 years, Occ. President Gorama Parchatth, Rro. 1-8711, Board Road, Tekulapally Village and Mandal Bhadradri - Kothagude:m District.

2. Bhukya Raja @ Rajeshwar Rao, S/o.Chatru, aged about 33 years, Occ. Agriculture, Rio.Chandru Thanda Tekulapally Village rnd Mandal Bhadradri - Kothagudem District.

3. The State of Telangana, Rep. by its Public Prosecutor High Court for the ...Respondents/Petitioners/Accused-1 & 2 State of Telangana, At Hyderabad. ...RespondenUState Petition under Section 359 (6) R/w 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds ol Criminal Petition, the High Court may be pleased to permit the petitioners/ Respondents/ defacto complainant to compound the offence Registered against the Respondents/Petitioners/Accused 1 & 2 Under Sectron 31tt(4), 111 r/w 3(5) BNS, 19(a) Seeds Act. in Crime No. 16 of 2025 on the file: of P.S. Tekulapally, Bhadradri-Kothagudem and quash the procee<lings against the Respondents/petitioners/accused 1 & 2 herein l.A. NO: 4OF 2025 Petition under Section 359(2) R/w 528 of BNSti praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise in Crl.P.No. ot 2025 and quash the Crime No. 16 ol 2025 on the file of P S.Tekulapally, Bhadradri- Kothagudem district registered Under Section 318(4), 111 r/w 3(5) BNS, 19(a) Seeds Act. against the Respondents iPetrtioners /Accused 1 & 2. This Petition coming on for hearrng, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearrng the argumerrts of Mr. A. Prabhakar Rao, Advocate for the Petitioners and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of Mr. Ramu Nallamothu, Advocate for the Respondent No.2 The Court made the following: COMMON OROER 7,a i i i I I THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No.2908 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 agarnst the petitioners in Crime No.16 of 2025 ot Tekulapally Police Station. Bhadradri - Kothagudem District. I I I I

2. The petitioners are arrayed as accused Nos.1 and 2 in the Crime registered for the offences punishable under Sections 318(4), 111 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'), Section '19(a) of the Seeds Act, 1966

3. Heard Mr.A.Prabhakar Rao, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla learned Additional Public Prosecutor, representing the respondent No 1 -State and Mr. Ramu Nallamothu, 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.1 and 2 in Crime No.16 of 2025 I I l I I i I 2 _\I1,/ I ).''.0, ) artl l ol 202i in/a (. n.I'.|"o. 2908 of 2025

5. This court vide o(det dated 03.03.2025 referred the parties to the HighCourtLegalservicesCommitteeforidentificalionandtoverifythe voluntariness in arriving the settlement. The secretary, High court Legal Services committee, has submitted report dated 1c.032025 stating that the parties were identified by their respective crunsel and also on verification of Aadhar cards/ldentity cards and the enquiries revealed thatthepartieshavewillfullyandwithoutcoercionenteredinto 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 be ween the parties and to restore peace between the parties, in the light of lhe dictums in Glan singh v. sfate of puniab and anotherl and Anit Mishra v. State of lJ.P.2l State of Madhya Pradesh v- Laxmi Naral'ln and others3' this court is of the considered view that quashm€ nt of the impugned proceedingsinviewoftheSettlementbyexercrsrngjurisdiclionunder Section 528 of BNSS, 2023, would be in the interesl of justice' ' 2012 (10) SCC 303 '? 2024 INSC 189 I 2019 (5) scc 688 3 AJTR,JT I.-'l.NotJ and 4 oJ 2025 iz/and Crl.P.No.2908 of 2025

8. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed' Consequently, all proceedings in crime No.16 of 2025 of Tekulapally Police station, Bhadradri-Kothagudem District, are hereby quashed against the petitioners/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/- T. JAYASREE DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Station House Officer, Tekulapalli Police Station, Bhadradri Kothagudem District.

2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

3. One CC to Mr. A. Prabhakar Rao, Advocate [OPUC] 4. One CC to Mr. Ramu Nallamothu, Advocate IOPUC] 5. Two CD Copies (Along with a Copy of Joint Memo of Compromise) q kam/PSL l I L l I I r l I I I i I l I I t i I I : I : I a ,i HIGH COURT DATED: 1 310312025 aI.,2) _. -e '::-=:=_\ 5I4I 1H 4' COMMON ORDER l.A.Nos.3 and 4 of 2025 !n/And CRLP.No.2908 ot 2025 1 0 sEP 2025 ;1 :--\ ir () i' 's 'r'9r- \.. r \ l.A.Nos.3 and 4 of 2025 ARE ALLOWED DISPOSING OF THE CRIMINAL PETITION S-g 1 i l i ,l i :! I I .ll I n I I ;." ! { MEMORANDIM OF CRL. PETTTTON (rrNDERSECTION52Sof BNSS) INTEEIGECOITRT FORTT# STATE OF TELANGA}{A ETDERAB AT I.ANO. IN AI) oF 2025 Crl'P'No' of2025 BETWEEN: Jethva Bhanoth S/o Chanda Aoed 45 vearc, Occ: Agriculture niotnrnAru f.nda, Tekulapally Mandal , Bhad mdri-Kottn gudem district And .. Petitioner/ 2ndRespondent\ComPlainant

1. Lakkiseni Surenaet p Surrender Rao S/o. Sri. Vdnkateshwar Rao ) I Aged about 57 years, Occ: President Q r"o-Q'nt f is - -pJo. f -gZlf , Board Roa4 Tekulapally Village and Mandal OhaAraAri - fottraguOem District

2. BhqkYa Raja @ Rajeshwar Rao S/o.Chatru aged about 33 Years' O"c, aglicott r.", R/o'Chandru Thanda tekuhf,aflY Vitlage and Mandal Bhadr;dri - Kothagudtt'ttot"t.'' *espondents/Petitioners/ Accused- 1&2 3 The State ofTelangana, Reo. bv its Public Prosecutor Uigh iourt offor the State ofTelangana' AtHyderabad' JorNT MEMO .. ResPondenl/State

1. It is submitted that on the report given by the 2nd respondent a case in Crime,N o.16t2025 was registered under Sections 318(4)' 111 r/w 3(5) BNS, 19(a) Seeds Act' and the same is pending on the file of P.S.Teku1apally, Bhadradri Kothagudem district'

2. It is submitted that the petitioners I and 2 are n(, way concerned in the matter of supply of Maize.m.al9 and fe.mple seeds to the 2"d respondent and others who are named in the report, but report was given against the petitioners I arrd2 art the instance of local leaders of parly in power due to political reasons Those seeds weie'supplied by the seed producing '+ {,

3. It is submitted that on the intervi:ntion of elders siurd well wishers of both sides the 2nd respondent stated b;i;; tfre thar the petirioners are .i- no way concemed with the supply of seed to the 2nd respondent and the "tO"o .. persons named in the FIR . The elders after hearing both sides advised the 2nd respondent to take steps for cto.S#erOf ttre FIR reggistered against the petitioners I and 2 . Hence, .this comlromise petition is liled. It is submitted that the petitionerVdefacto c,rmplainant at the intervention of elders and well wishers and friends the matter has been compromised between them. Hence the both parties came to compromise in the above Crl.P.No. of 2@5 @ainst Crime No. i 6 of 2025 on the : L -.,-.' fite of P.S 'fekulapally, Bhadradii-Kothagudem district and both the parties have nonclaims or rights agaiist each other in furure. l. r- \"r^^&o (Qc"o. L.e Ao+' ffi pondents/Petitioners/Accused l&2 Ffl.fs----(J Petitionor/R2lDef rcto complainant JAIL OlSf,Rtcr .iar. KHA t!l\4r M Counsel for RespondentsiPetiti ners Accusedi&2 Cornsel for Petitioner/R2lD 1C "( bomplainant