The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence in the judgment dt.2710212023 in Crl .A.No.185/2017 on the file of lll Additional District and Sessions Judge cum ll Additional Mekopolitan Sessions Judge, Medchal Malkajgiri District at Kukatpalty confirming the Judgement and Sentence dl. 2010112017 in C.C.No.65/2017 passed by the Vlll Special lvlagistrate Court, Ranga Reddy Districl at Kukatpally pending disposal of the above cnminal revision case. lA NO: 5 OF 2025 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To grant Leave and permit the Petitioner and Respondent No.1 to compromise and set aside the judgment dt.2710212023 in Crl.A.No.18512017 on the file of lll Additional District and Sessions Judge cum ll Additional It/etropolitan Sessions Judge, Medchal Malkajgiri District at Kukatpally confirming the Judgement and Sentence d1.2010112017 in C.C.No.65/2017 passed by the Vlll Special Magistrate Court, Ranga Reddy District at Kukatpally and consequently acquit the accused. lA NO: 5 OF 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, th -. High Court may be pleased to record the compromise by setting aside the judlyment dt.2710212023 in Cr1.A.No.185/2017 on the file of lll Additional District and ilessions Judge cum ll Additional Metropolitan Sessions Judge, Medchal Malka1gili District at Kukatpally confirming the .rudgment and Sentence dt.2010112017 in C C No.65/2017 passed by the Vlll Special l\4agistrate Court, Ranga Reddy District at Kukatpally and consequently acquit the accused. Counsel for the Petitioner : Sri C Sunil Anand ' Counsel for the Respondent No.1: Sri S Ram Reddy Counsel for the Respondent No.2 : Sri Jithender Rao Veeramalla, Additional Public Prosecutor The Court made the following: COMMON ORDER I I I I I THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.S AND 6 0F 2025 ln/And CRIMINAL REVISION CASE No.173 OF 2025 COMMO N ORDER: This Criminal Revision Case is filed under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023' being aggrieved by the judgment dated 27.02.2023 passed in Crl.A.No 185 of 2017 by the learned lll Additional District and sessions Judge-cum-ll Additional tvletropolitan Sessions Judge, Medchal Malkajgiri District, at Kukatpally, confirming the judgment and sentence dated 20'01 2017 in C.C.No.65 ot 2017, on the file of the Vlll Special Magistrate Court, Kukatpally at Miyapur, Ranga Reddy District

2. Heard Mr.C.Sunil Anand, learned counsel for the revision petitioner, Mr.S.Ram Reddy, learned counsel for the respondent No.llde-facto complainant (died, per legal representative) and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor' representing the respondent No.2-State.

3. During pendency of the Criminal Revision Case, the revisi\ petitioner has filed lnterlocutory Applications vide l.A.Nos.5 and 6 of 2025 seeking permission to compromise the matter and to record the I 2 NTR,/

1...4 .\ot.l ,nl 2 oJ!0!5 i'/, Lr/.lt.C.No./ 7) oJ 202 t '\-: \ terms of compromise between the respc)ndent No. 1/legal representative of the de-facto complainant and the revision petitioner

4. This Court vide otder dated 03.04.2025 refe,rred the pa(ies 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 10.04.2025 stating that the parties were identified by their resp,sctive counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and withou coercion entered into settlenrent/com prom ise

5. I have considered the submissions of the leerrned counsel and perused the materials on record

6. Having considered the allegations, the chargerl offence, which is essentially inter-personal in nature and taking into account the amicable settlement between the parties and to reslore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and anotherl and Anil Mishra v. Sfate of IJ.P.2; Iitate of Madhya \ ' 2012 (10) SCC 303 2 2024 It'tSC t89 t I 3 N'7R,/ l..,1.Nor-l and 2 of 202i in/ and Crl.kC.i:io.17 3 of 202i 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 Cr.P.C.t528 of BNSS, 2023, would be in the interest of justice.

7. Accordingly, l.A.Nos.S and 6 of 2025 are allowed and the conviction recorded under Section 138 of N.l Act, against the revision petitioner/accused vlde order dated 20-01 .2017 in C C.No.65 of 2017' on the file of the Vlll Special Magistrate, Kukatpally, at Miyapur, Ranga Reddy District, is set aside as the offence is compounded by the respondent No.'lllegal representative of lhe de-facto complainant. The bail bonds of the revision petitioner/accused shall stand cancelled. I ln the above terms, the Criminal Revision Case is disposed of Pending miscellaneous applications, if any, in this Criminal Revision Case shall stand closed SD/- K. SREE RAMA MURTHY DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The lll Additional District and Sesslons Judge cum ll Additional Metropolitan Sessions Judge, Medchal Malkajgiri District at Kukatpally

2. The Vlll Special Magistrate Court, Ranga Reddy District at Kukatpally 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. One CC to Sri C Sunil Anand, Advocate [OPUC] :!:|Q'-'r 7e'7

5. One CC kr Sri S Ram Reddy, Advocate [OPUCI 6. Two CD Copies ADK/PSL Along ,'r'ith a copr o1'.loint \'[emo o1'Cornpromisc / HIGH COURT DATED:1710412025 \ coMMoN oRDER l.A.Nos.S and 6 ot 2025 CRLRC.No.173 ot 2025 -4/': r'i7,*'' ,2 :) ^' I -\, I I 11 :ifp zW \\r ^ '\-r'..'-. ..t:: . \i -1 I I ! ALLOWING THE l.A.Nos.S and 6 ot 2025 AND DISPOSING OF THE CRLRC 1/ {z /.7,/.<t ,// w -) ,I r (MEMORANDUM OF CzuMINAL PETITION FILED LINDER SECTION 528 OF BNSS) HIGH COTJRT FOR THE STATE OF TELANGANA AT:HYDERABAD CRL.R.C. NO )+) oF 2025 Between: Mr. Chityala Naresh Kumar S/o. yadaiah fffi*Hffl;:ii:,y,:.il' i{f,'',,, *&/* Dist': Medak AND . . . Revision Petitioner/Appellant/Accused

1. K Venugopal, S/o K Venkataiah, Aged 52 Years, Occ.: Business, No 4-35-22712,Plot 130, Balakrishna Nagar. Kukatpally, Hyderabad Since died rep. by his LR Kajipeta Sujatha Wo Late K.Venugcpal, Aged about 50 years, Occ: Household No 4-35-221/2, Plot 130, Balakrishna Nagar. Kukatpally, Hyderabad .Also at: H.No.l-81, Kowdipally Mandal, Yelmakanna, Medak, Telangan-5023 I 6.

2. Tbe State ofTelangana, rep by The Public Prosecutor, at Hyderabad. . Respondent/Complainant .,Respondent JOINT MEMEO FILED BY THE PETITI ONERAND I RESPONDENTN o.1 I I ! !i*st 1' It is submitted that the present crirninal Revision Case is filed being aggrieved by the judgment dt.27/02/2023 i, crl.A.No.l g5/2017 0n,rhe fire of III Additionai District and Sessions Judge cum II Additionar Metropolitan Sessions Judge, Medchar Markajgiri District at Kukatpary cor rirming the Judgemenr and Senrence crt'20/01/2011 in c.c.No.65 /2017 passcd by rhe vIII Special Magistrate Coufl, Ranga Reddy District at Kukatprrriv wherein the Accused therein / the Revision petitioner herein was found gr irty fbr the offence under sectiorr r3g of NI Act and convicted under section 255(2) cr.p.C. to surfer Simple Imprisonment for a period.of six months. 2 ' It is submittecr rhar originalry the cornprainant flred c.c.No.65l2017 0n the fiie of the Hon,ble VIII Special Magisrrate Court at Or*"*rr, ,",1 ,nl""rr*"" under section l3g of N.I.Act and the same dt.20/ot/2017 anrt aggrieved by the said;rorr,",rl1lr::,:i;iri,^ri.r::*"::, preferred Crl.A.No.lg5/2017 and same. wi dt.z7 / 02 / 2023 con fi rming,n" r", o ;, o*i"; J;;r, ff il:i, J::#,,":TI thereafter' the I'}etitioner/Accused tried to contact the complainirnt for a settrement and upon enquiries it is learnt by the petitiorrcr/Accused pendency of th': appear, the complainant died on 2g/r2rz)20.It is submitted that the Petitioner/Accused herein thereafter approached the complainant,s wife fbr amicable settrement and the comprainant's wife who is the legar heir of deceased comprainant on the advice of r,e erders uno *.r -*irn";, ffi ".*. ," an understanding to settre the financiar dispute amicabry with the petitioner herein. In view of the said settlement, the ped is paying an amounr of Rs.1,120,000/_ (Rupees one Lakh ,*.r,t'o::t"tccused cash to the comprainant.,s wife (Respondent -" , I"J:"iil:.::'il,H?*:i settlement in respect of the subject matter and the said amcunt is arready handed that dunng { over to Mr'Mettu Ramulu Sharma Velmakanna who is acting as mediator and the same will be paid by Mr'Mettu Ramulu Sharma Velmakanna to the complainant's wife (Respondent No'1 herein) as and when the above Criminal Revision Case is allowed' Hence' in view of the amicable settlement between the parties, the petitioner and respondent are flling the present Criminal Revision Case to set aside the Judgement and Sentence passed by the VlIi Special Magistrate Court at Kukatpally in C'C'No' 65 of 2017::i:":::"' convicting the Petitioner / Appeliant /Accused for the offences under section 138 of N.I.Act and sentenced to suffer Simple Imprisonment for a period of six montlrs and which was confirmed vide order dt27 l\2l202? in Crl.A.No'185/ 2Ol'l onthe file of III Additional District and Sessions Judge cum ,, Additional Metropolitan Sessions Judge, Medchal Malkajgiri District at KukatPallY' and Se It is therefore PraYed that' comPromise bY setting aside the the file of III Additional District Sessions Judge, Medchal Malkajgiri Dis and Sentence dlz)tolt}O|1 in C'C No Court, Ranga ReddY District at petitioner/accused and be pleased to p deem fit and proper in facts and circum this Hon'ble Court may be Pleased to record judg mefi dt.2710212023 in Crl'A'No'18 51201'7 ott ssions Judge cum II Additional Metropolitan trict at Kukatpally confirming the Judgement assed by the VIII Speciai Magistrate y and consequently acquit the ass such other order/s as this Hon'ble court may stances of the case in the interest ofjusttce' KukatPall .6512011 P k ss'It* ipeta Sula Kaj Counsel for ResPondent No. 1 Mr. Chi ala Naresh Kumar for Petitroner Co Date'. 10212025 Place: HYderabad