High Court · 2025
Case Details
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 records relating to and in connection with C.C. No. 1 '19 of 2024 pending before the Judicial First Class Magistrate, at Medak and quash the same. l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitron, the High Court may be pleased to stay of all further proceedings of C.C. No. 119 of 2024 pending before the Judicial First Class Magistrate, at Medak, pending disposal of the Criminal petition. l.A. NO: 2 OF 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 permit the petitioner to Compound the offences in C.C. No. 'l '19 of 2024 pending before the Judicial First Class Magistrate, a t Medak, pending disposal of the Criminal petition. I I l.A. NO: 3 OF 2025 Between: Smt. Jeedi Swetha, Wo Pittala Naresh, Age:- 28 years, Occ.-Housewife, R/o Golconda street, and District, Telangana. ...PETITIONER/DEFACTO COMPLAINANT AND 'l . The State of Telangana, Represented by Public Prosecutor, High Court, Hyderabad. Through Medak t own Police Station, Medak, Telangana-
2. Pittala Naresh, S/o P. Ramulu, Age.- 31 years, occ. Business, Rl/o H.No.6-3- 1641319120 Prem Nagar, Khairtabad, Hyderabad RESPONDENT/RESPONDENT RESPONDENT/ACCUSED NO.1 Petitron 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 rerrord the compromise in criminal case vide C.C. No. 119 of 2024 on the file of Judicial First Class Magistrate, at Medak, against the Accused No.2 to 4, for lhe offence u/sec.4g8-A IPC R/w. Sec.3 and 4 of DP Act and quash the same by allowing the present petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crim nal Petition and upon hearing the arguments of Mr. Md. Sadath Hussain, Advocate for the Petitioner and MR. Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No. 1 and of Mr. Amer Nauman, Advocate for the Respondent No. 2. The Court made the following: ORDER =/ THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL P ETITI ON No.2891 OF 2025 COM MON ORDER This Criminal Petition is filed r.rnder Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.'), seeking quashment of the proceedings in C.C. No.119 of 2024, on the file of the Judicial First Class Magistrate, Medak, against the petitioner.
2. The petitioner is arrayed as accused No.1 in the Calendar Case registered for the offences punishable under Section 498-4 of the lndian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act,
1961. I
3. Heard Mr.Md.Sadath Hussain, Iearned counsel for the petitioner' Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor. representing the respondent No.'t-State and Mr.Amer Nauman. learned counsel for the respondent No.2/de-facto complainant.
4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.2 and 3 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioneriaccused No.1 in C C.No 1 19 of 2O24. 2 N7&/ I-,l.Not.2 aad.1 of 2025 ia/and CrLP.No.2E9l o/ 2O25
5. This Court vide order dated 03.03.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the sefllement. The Secretary, High Court Legal Services Committee, has submitted report dated 1O.O3.ZO2S stating that the parties are identified by their respective counsel and also on verification of Aadhar cards/ldentity cards and the enquiries reveal that the parties have willful 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 offences, which are essentially matrimonial and inter-personal in nature and taking into account the a micable setflement between the parties and to restore peace among rhem, in the light of the dictums in Gian Singh v. Sfate of Punjab and anotherl and Anit Mishra v. Stafe of lJ.p.2; Sfafe 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 492 cr.p.c.ls2g ot BNSS, 2023. woutd be in the interest of justice. L 2012 (lto) scc 3t3 2 202+ INsc rgq 3 zors 1s; scc oae I I I I 3 NIR,/ I-,1.N0t.2 und ) ol 202i in/ and Clr/.P.N0.289t o[ 2025 I /,
8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed' Consequently' all proceedings in C.C.No.1 19 ol 2024, pending on the file of the Judicial First Class Magistrate, Medak' are hereby quashed against the petitioner/accused No. 1 . o ln the above terms, the Criminal Petition is disposed of' Pending mascellaneous applications, if any, shall stand closed. \ To, 1 3 4 5 Sd/- MOHO. ISMAIL DEPUW REGISTRAR ECTION OFFICER J //TRUE COPY// The Judicial First Class Magistrate, at Medak. The Station House Officer, Medak Police Station, Medak District' One CC to Mr. Md. Sadath Hussain, Advocate IOPUCI One CC to Mr. Amer Nauman, Advocate IOPUCI Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] t) Two CD Copies (Along with a Copy of Joint Memo of Compromise) SuL l'SI- +). I HIGH COURT \ -{ dE s r,. l-. L) 2 6 Jttt{ ,/ .l .'t, ,/l a/ J o () ,,, \ DATED: 13t0312025 COMMON ORDER l.A.Nos.2 and 3 ot 2025 ln/And CRLP.No.2891 of 2025 I.A.Nos.2 and 3 ot 2025 ARE DISPOSED OFF. DISPOSING OF THE CRIMINAL PETITION @ L uVl,* I I I l IN TIIE HIGII COTJRT FOR THE STATE OF TELANGANA AT I{\'DERABAD crr.r.Nor2fr1 oF 2025 BETWEEN: Pittala Naresh, S/o P. Ramulu, , Age:- 3l Years, oc'J Gll-l"tvr' R/o g.No. 6-3-164/3/9120, Prem Nagar, Khairtabad, HYderabad AND L The State of Telangana, Rep by the Pubtic Prosecutor High Court of Judicature at Hyderabad For the state of Telangana. ...Petitioner/Accused Nos. I ... l't Respondent/State
2. Smt. Jeedi Sweth4 Wo Pittala Naresh, Age Aabout:-30 years, o@r t'r O 4 u4 Occ:-Housewife, R-/o Golconda street' Medak torvn and District, Telangana . ..2nd respondent / Defacto Complainant JOIN'I'NIE N{O FILED ONB EHALF OF TIIE RISPONiD ,, NO oNERAND May it please Your Honour I l. The Petitioner No.l humbly submits that the Respondent No'2 is the iegally wedded rvif'e of the l'.Naresh. The marriage between the P'Naresh and Respondent no.2 rvas periormed on was performed on 20t day of June' 2022 at Dwaraka (iardens Medak, District as per the rites and customs of Hindu Reiigion and in the presence ofelders and well wishers from both sides and itis an arranged 2 Attcr maniage, the Petitioner No.l and the respondent no'2 lived together for terv months at the matrimonial home 3- Thereafter some disputes arose between them and the petilioner No. I and the respondent no.2 have lastly resided together at Hyderabad , and they have been living separately since more than 2 years i.e., since December, 2022. In the month ofDecember, 2022, the Respondent No.2 went to her parents house. 4; Subsequently after a series ofdiscussions iogk place at the instigation of the cornmon elders of both side, the first and second party keeping io ul"* the futuie ofthem agreed to forego everything about the past and rostart their marital life by living together and pursuanr to which the fbllowing terms and conditions which are mentioned in Memorandum of Understanding, dated 16.02.2025.
5. That both the petitioner No. I and the Responclent No.2 have mutually agreed that theJ resrart their marital life and have reduced the same into Memorandum of Understandin g Dt.l6_02_2025. Wirh the rerms and conditions which are mentioned in the Memorandum of UntlerstanJing.
6. The Petitioner No.1 and Respondent No. 2 have agreed to restart their marital life by living together, as such the above case may be quashed against the Petitioner No. I .
7. That the petitioner No.l agreed ro resrart their marital life with the terms and conditions as per the Memorandum of Llndersrandin., Dt. l6-02-2025 and the Respondent No.2 and her parents agreed lbr the same,
8. The Respondent no.2 and petirbners both the parties agreed to withdraw all cases filed against each other before the concerned court or otherwise before the Lok Adalat.
9. The Respondent no.2 filed a cr inrinal case i.e.. C.C.No. I 19 of 2024 on the file of Judicial First Class Magisrrate. at Medak, against the peritioner No.l and his family rnembers and agreed ro rvithdraw all cases. i i :
10. The Respondent No'2 agreed to withdraw all the pending cases against the petitioner aod his family members. Both the parties agreed that they will withdraw all cases against each other' . Hence, it is pmyed that the Hon,ble Court may be pleased to quash the Procoedrrrls ..i,C.C.No.ttgorzoz+onttrefileofHon,bleJudicialFirstClassMagistrate,atMedak, i"*r, *e Petitioner/Accused No' 1 for the offence u/sec'498-A IPC R'/w:::::": i:t DP Act., in view of the compromise entered between the petitioner and : respondent/defacto complainant' in the interest ofjustice' , I Place : HYderabad' Date :23-02-2025 ? Petiti No.1 Respondent No. Co-,.S,rtXk", Counsel for t/Defacto comPlainant i I I I