✦ High Court of India · 11 Mar 2025

The High Court · 2025

Case Details High Court of India · 11 Mar 2025
Court
High Court of India
Decided
11 Mar 2025
Length
1,464 words

'1 . The State of Telangana, reptd.by the Public Prosecutor, High Court' Hyderabad. (Respondent No. 1 )

2. Sree Ramadasu Uma, D/o Laxmaiah ,Age about 26 years, Occ. Beautician, R/o H.No. 17'1-391, Saraswathi Nagar. Saidabad' Hyderabad. Telangana State. (Respondent No.2) ...ResPondenU ResPondent Petition under Section 482 of CRPC praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to quash the pending criminal case in C.C No. 1754 of 2024 arising out of crime No. 125 of 2023 of P.S. Saidabad, Hyderabad pending on the file of Honorable Vll Addl Chief Judicial Magistrate against the Petitioner/ Sole Accused in the interest of justice and in the circumstances set forth to above. l.A. NO: 1OF 2025 Sree Ramadasu Uma, D/o Laxmaiah ,Age about 26 years, Occ. Beautician, R/o H No 17-1-391, Saraswathi Nagar. Saidabad, Hyderabad. Telangana State. (Respondent No.2) Petitioner/Defecto Complaintin LA.NOS 1 AND 2 OF 2025 i I I I -w AND '1. The State of Telangana, reptd.by the Public Prosecutor. High Court, . Hyderabad. (Respondent No. 1 ) RespondenUComplainant in I.A.NOS 1 AND 2 OF 2025 2 SRI CHALLA AKHILESH NAIDU, S/o Venkatesh Naidu, aged 27 years, Occupation- Business, R/o H.No. 3-2-763, Rehmadabad, Chappal Bazaar, Hyderabad. Telangana State. RespondenUSole Accusedin l.A.NOS 1 AND 2 OF 2025 Petition under Section 359 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 Petitioneri Defacto Complainant for compounding of the offence C.C No. 1754 ol 2024 arising out of Crime No. 125 of 2023 of P.S. Saidabad, Hyderabad pending on the file of Honorable Vll Addl Chief Judicial Magistrate against the Respondent No.2/ Sole Accused in the interest of justice and in the circumstances set forth to above l.A. NO: 2 OF 2025 Petition under Section 359(2) of BNSS praying that in the circuinstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to record the compromise in C.C No. '1754 ol 2024 arising out of Crime No. 125 of 2023 of P.S. Saidabad, Hyderabad pending on the file of Honorable Vll Addl Chief Judicial Magistrate against the Respondent No 2/ Sole Accused in the interest of justice and in the circumstances set forth to above This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHAMMED ZAKI, for the Petitioner and Mr J itender Rao Veeramalla Additional Public Prosecutor on behalf of the Respondent No. 1-State and MR Mohd Abdul Habeeb for the of respondent No. 2/De-facto complainant The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No.3069 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 petitioner in C.C.No. 1754 of 2024, on the file of the learned Vll Additional Chief Judicial Magistrate, Hyderabad.

2. The petitioner is sole accused in the Calendar Case registered for the offences punishable under Sections 420, 493 of the lndian Penal Code, 1860.

3. Heard Mr.Mohammed Zaki, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.lVlohd. Abdul Habeeb, learned counsel for the respondent No.2/de-facfo complainant.

4.. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2ldelacfo complainant filed I A.Nos.1 and 2 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 in C,C.No. 1754 ot2024 2 ."lqi,- A'IR,/ L-,1.N0..1 url 2 0J 2025 ir / anl C)rl.1'.i,o. )069 of 202i

5. This Court vide ordq dated 04.03.2025 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 06 03.2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar cards/ldentity cards and the enquiries revealed that the parties have willfully 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 nature of charged offences and taking into account the amicable setflement between the parties and to restore peace between the parties, in the light of the dictums in Gian Singh v. Stafe of Punjab and anotherl and Anit Mishra v. State of lJ.P.2; State 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 482 Cr.P C.l528 of BNSS, 2023, would be in the interest of justice. | 2012 (10) scc 303 '/ 2024 INSC 189 I 2019 (s) scc 6s8 ),/ 3 NIIt.rr

1..4.Ntt.1 ard 2 0J 2025 in/and Crl.l'.N0. )069 of 2025

8. Accordingly, l.A.Nos.1 and 2 of 2025 are allowed. Consequently, all the proceedings in C.C.No.1754 of 2024, pending on the file of the learned Vll Additional Chief Judicial Magistrate, Hyderabad, are hereby quashed against the petitioner/accused ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SO/- MOHD. ISMAIL EPUry REGISTRAR SECTION OFFICER I To, 'I . The Honorable Vll Addl Chief Judicial Magistrate 2. The Station House Officer ,P.S.Saidabad,Hyderabad 3 One CC to SRl. MOHAMMED ZAKI Advocate IOPUC] 4 Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT) 5 Two CD Copies GSA/gh (Along with a copy of Joint Mcmorandum) HIGH COURT DATED:1110312025 COMMON ORDER r.A NO S.1 AND 2 0F 2025 IN/AND CRLP.No.3069 ot 2O25 J o o k i oR l rlE Sfq 14. 30JUl. m (7 $ i,A'I CT' r'(r *, ;;r- DISPOSING OF THE t.A NOS.1 AND 2 0F 2025 ::-i-!=z ,.'.,:t/ IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA JOINT MEMO FILED BY PETITIONE R ANDR ESPONDENT NO.2. CRL.P.NO oF 2025 IN C.C. No. 1754 of 2024 Arising out Crime No. 125 of 2023 (P.S Saidabad) Pending on the file of the Hon'ble Vll Addl Chief Judicial f\4agistrate, Hyderabad. Between - SRI CHALLA AKHILESH NAIDU, S/o Venkatesh Naidu, aged 27 years, Occupation: Business, R/o H.No. 3-2-763, Rehmadabad, Chappal Bazaar, Hyderabad. Telangana State. Petitioner/ Sole Accused AND '1 . The State of Telangana, reptd.by the Public Prosecutor, High Court, Hyderabad. (Respondent No.1)

2. Sree Ramadasu Uma, D/o Laxmaiah ,Age about 26 years, Occ. Beauttcian, R/o H.No. 17-1-391 , Saraswathi Nagar, Saidabad, Hyderabad. Telangana State (Respondent No.2) R espo nde nts/Respo n d e nts JOINT MEIVO FILED BY PETITIONERS AN D RESPONDENT NO,2 [\4ay it please your Lordship: It is submitted by the Petitioner/Sole Accused herein and the respondent No.2 herein has entered into a compromise due intervention of elders and well wishers and elders of both families in the above matter and required the petitioner/sole Accused herein and the respondent No.2 herein to settle the dispute by entering into a compromise upon which the petttioner herein and the respondent No.2 agreed mutually compromised. ...2-

5.oh^ a A -2- It is submitted that, due to the intervention of the elders and well wishers of the of both the parties, respondent No.2 approached the petitioner/ sole Accused and voluntarily agreed to rvithdraw the above criminal case without any force and rrndue influence and without any duress , without any consideratron towards compromise and compounding the offence in the above crime. The petititoner being the sole Accused has never committed alleged commission of offence. Thereby the respondent No 2 do not want to proceed against the Petitioner/Sole Accused. Therefore it is just necessary and proper in the interest of justice to permit the Petitioner/ Sole Accused and the Respondent No-2 to compromise the criminal case in C C No. 1754 of 2024 arising out of Crrme No '125 of 2023 of P S. Saidabacl, Hyderabad pending on the file of Hon'ble Vll Addl Chief Judicial Magistrate against the Petitioner/ Sole Accused in the interest of justice and in the circumstances set forth to above. Darj2t-02-2025 Hyderabad Petitioner / Accused Counsel f Petitioner/ Sole Accused n.fpol#frrr.ro z ,,.r-*+ Counsel for the respondent No 2

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