State of Madhya Pradesh v. Laxmi Narayan arid ofhers

1. Srinivasa Choudary ldupuganti, S/o Late l.S Ananda Rao, Aged about 59 years, Occ business No 8-2-12011121N17 , Road No. 9. Jubilee Hills, ., Shaikpet Hyderabad, Telangana 500 033. ...PETITIONERS AND

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

2. Dr. Evita Fernandez, D/o Mr. Leslie Joseph Fernandez, Aged .63, Occ. Doctol Rl/o. Fernandale,4-1-1004, Boggulukunta, Hyderabad-500001 Represented by her GPA, Akbar Khan, S/o Mr. Abdul Hameed Khan Aged 38 years, Occ. Pvt. Employee, F/o 6-3-1185/149, B.S Maqtah, Begumpet, Hyderabad 500016 ...RESPONDENTS 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 quash the proceedings in CC. No. 786 of 20'18 pending on the file of The Hon'ble XVll Addl. Chief Metropolitan f\,4agistrate at Nampally Hyderabad U/SEC.405, 406,417, 420 IPC r/w 156 (3) Cr.P.0 in terms of the compromise between Petitioner No.1 and the Respondent No.2 l.A. NO: 4OF 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 Respondent No.2's tc contest the GPA holder on behalf of Respondent No. 2 in the above CRLP No.305'1 of 2025 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 pleased to permit the petitioners to file the Comprcmise Petition in view of the Comprornise between the parties in connection with the CC. No. 786 of 20'18 pending on the file of The XVll Addl. Chief l\rletropolitan Magistrate at Nampally Hyderabacl I.A. NO: 3 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 pleased to record the compromise and quash the proceedings in CC. No. 786 of 20'18 pending on the file of The XVll Addl. Chief Metropolitan Magistrate at Namparlly Hyderabad l.A. NO: 1 OF 202s 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 pleased to STAY all further proceedings including the personal appearance of the Petitioners/Accused in CC. No. 786 of 2018 on the file of XVll Addl. Chief Metropolitan t\,4agistrate at Nampally Hyderabad, pending disposal of main criminal petition This Petition coming on for hearing,upon perusing the lt/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD ALI SAOOD ,Advocate for the Petitioner and the Additional Public Prosecutor V Jithender rao on behalf of the Respondent No1. and none appear of for the Respondent No2. The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.3051 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 in C.C.No.786 of 2018 on the file of XVll Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, Against the petitioner/accused No.1

2. The petitioner is accused No.1 in C.C.No.786 of 2018 registered for the offences punishable under Sections 405, 406, 417, 420 of IPC r/w 156(3) of Cr.P.C

3. Heard Mr.Mohd Ali Saood, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.Omar A. Pasha, learned counsel for the respondent No.2.

4. Pending this petition, the parties have entered into the compromise and accordingly, respondent No.2/de-faclo complainant filed 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 petitioner/accused No.1 in C.C.No.786 of 2018. ) ^T&/ I-4.N0t.2 a ) of 2025 ix/ atrd Crl.P.Na 1051 of 2025 IT

5. This Court vide order dated 20.03,2025 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 27.03.2025 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 I have perused the materials.

6. 7. Having considered the allegations, the charged offences, which are essentially inter-personal and taking into account the amicable settlement and to restore peace between the parties, in the light of the dictums in Gian Singh y. Sfate of Punjab and anotherl and Anil Mishra y. Sfafe of U.P.2; State of Madhya Pradesh v. Laxmi Narayan arid ofhers3, this Court is of the considered view that quashment of the impugned proceedings by exercising jurisdiction under Section 482 Cr.P.C.ISZB oI BNSS, 2023, would be in the interest of justice. B. Accordingly, LA.Nos.2 and 3 of 2025 are allowed. Consequently, all the proceedings in C.C.No.786 oI 2018 on the file of XVll Additional 12012 (1o) scc 303 2 2oz4 INSC 189 3 2019 (s) scc 688 3 A.rr&/ IA.Not.2 ad ) o/2025 . in/and CrtP.No.3051 of 2025 ( I Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed against the petitioneri accused No.1. s ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/.MOHD ISMAIL DEPUTY REGISTRAR SECTION OFFICER To, '1 ' The xv, Addr. chief lvletroporitan Magistrate at Nampary Hyderabad Z. ttre Stition House Officer police Station Jubilee Hills ,Hyderabd 3. One CC to SRt. MOHD ALt SAOOD Advocate tOpUCI 4. Two CC to SRt. pUBLtC PROSECUTOR Advocate tOpUCl AG HIGH COURT DATED:0310412025 ,) ORDER l.A.NOs 2 AND 3 OF 2025 CRLP.No.3051 of 2025 SEH1 3" 1t Apt M t t ,' ,\ rc 7 a t CRLP !S DISPOSED OF r00v A \7