✦ High Court of India · 13 Mar 2025

High Court · 2025

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Length
1,044 words

Cited in this judgment

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

2. Smt. A. Greeshma, W/o. A. Pranneth, Aged 26 years, Occ. Housewife, R/o. H.No.l-1-269-'1 '17, Plot No. 1 17, Arul Colony, Kapra, ECIL Post, Hyderabad - 500 062 ...RESPONDENT/ DEFACTO COMPLAINANT 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 toto Quash the charge sheet in C.C. No. 102412023 on the file of ll Additional Judicial Civil Judge, Medchal-Malkajgiri District at Kushaiguda, in the interest of justice and pass l.A. NO: 3 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the complainant to compound the offence in the C-C. No' 1024t2023 On the of the Hon'ble ll Addl Metrolitan N/lagistrate, Malkajgiri against the Petitioners/Accused in the interest of justice l.A. NO: 2 OF 2025 Petitior uncer section 482 of cr.p.c praying that in the circumstances stated in the lVlenr >randum of Grounds of criminal petition, the l-ligh court may be pleased tc stal all further proceedings in c.c. No. 1024/202'3 on the fire of Hon'ble ll A,jditicnal Metropolitan Magistrate, Medchal-lr/alk:ljgiri Districi at Kushaiguda, pencl ng disposal of the criminal quash petiti.n, iri ihe interest of justice l.A. NO:4OF 2025 Petition und:r section 482 of cr.p.c praying that i. th,,r circumsrances stated in the lvlemr randum of Grounds of criminir Fetitron, the High C;r;;"y be pleased to recc rd the compromise in the above crimina pe:it Jn anO quasn the c.c. No. 102tt2023 on the of the Hon'bre il Addr Meiro itrn rr,r"girti"i", Malkajgiri by c,omp runding the offence in terms of compromise ir the intlerest of justice This Petition coming on for hearing, upon perusing the l,4emorandum of Grounds of Crimin I petition and upon hearing the arguntents of Sri Dappu Venkataiah, F.d'./oc rte for the petitioner and tMr.Jithender R;r. Veeramala, Additional Public Prosecutor on beharf of the Respond:rrt No.1 and Mr.A.Govinda iedd 7 for the Respondent No. 2 The Court macle th< following: ORDER ,.{*l THE HONOURABLE SRI JUSTICE N.TUKARAMJI I.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No.3027 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 against the petitioners in C.C. No.1024 of I I 2023, on the file of the learned ll Additional- lVletropolitan l\/agistrate, lr4alkajgiri.

2. The petitioners are arrayed as accused Nos.'1 and 2 in the Calendar Case registered for the offences punishable under Sections 498-A, 354 ofthe lndian Penal Code, 1860.

3. Heard Mr. D.Venkataiah, learned counsel for the petitioners, tVlr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.A.Govinda Reddy, 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 I.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't anfl2*in C.C.No.'1024 ot 2023 I 2 NTRJ ' r,..) . a,il oi'2025 in/and (.t .l'.),0,)027 of 202 5

5. This Cou t ylde order dated 04.03.2025 referred the parties to the High Court Lec, lt Services Committee for identification an(l to verify the voluntariness in arriving the settlement. The Secretary, Hign Court Legal Services Ccnrnr ttee, has submitted report dated 07.03 202'5 stating that the parties rruer e identified by their respective coun sel and also on verification of Aadhar cards/ldentity cards and the e:rqurries revealed that the 6rartie s have willfully and without coercion entered into settlement/r;om p romise.

6. I have c;c nsidered the submissions of the earned counsel and perused the ntat -,rials on record

7. Having c. rsidered the allegations, the charged oflenc::r;, which are essentially matr monial and inter-personal in nature ancr taking into account ther am cable settlement between the parties ard to restore peace among th,rm, in the light of the dictums in Gian Singh v. Stafe of Punjab and an.'tthe/ and Anil Mishra y. Sfate of lJ.p.',t; Sfate of Madhya Pr,zdesh v. Laxmi Narayan and others3, this; C.urt is of the considered 'riew :hat quashment of the impugned proceedinr;r; in view of the settlement by exercising jurisdiction under section 4g2 cr.>.c.ls2g of BNSS, 2023, wor ld be in the interest of justice. L 2012 (10) SCC 3rl: ' zoz+ trusc reg ' 2019 (5) scc € B€ w 3 N7R,,T I-,4.NotJ und 4 of 2025 in/ a Cr/.P.No.)027 { 2025

8. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed. Consequently, all proceedings in C C.No.1024 o'f 2023, pending on the file of the learned ll Additional tVletropolitan Magistrate, lt/lalkajgiri, are hereby quashed against the petitioners/accused Nos.'l and 2. 9 ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/- A.V.S. PRASAD DEPUTY REGISTRAR SECTION OFFICER To,

1. The ll Additional Metropolitan Magistrate' at tvlalkajgiri ' 2. The Station House Officer, Lisjaogida Police Station' Rachakonda' 3. One CC to Sri Dappu Venkataiah Advocate IOPUC] 4 Two CC to Additional Public Prosecutor' State of Telangana' High Court guiiOings, at HYderabad (OUT)

5. Two CD CoPies W PSLigh HIGH COUR T DATED:1310112025 ORDER lA NOs. 3 AND 4 OF 2025 lN/ANtr CRLP.No.302',7 of 2025 q ,J t) 1HE r; r.q ;i-:: R o( o ! C)5. 18 Jt"ill I'm o c , ,,I --;. CRlMlNAL. PE:T|T|ON lS DISPOSED OF 1 i] t; 6(;\ / I t I I i I

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