Proseculor High Court · 2025
Case Details
Acts & Sections
Petirion under Section 528 ol UNSS, praying that in thc circumstances staled in the Memorandum o['Grounds ol C]riminal Petition, the High Court may be pleased to quash the proceedi[gs in c.c. No.99.1/2022 on the file ol the Junior civil Judge- cum- Judicial Magistrate of First Class at Anrangal. Rar.rga Reddy District; l.A. No. 2 of 2025 Between: Smt B.Vijaya, Wio B. Srisailam, D/o B.Dasaradham, Occ- llouse wife, R/o-H'No.2-10, Arkapally Village, Madgul Mandal, Ranga Reddy District. Petitioner/Respondent No. 2 in IA. No. 2 atd 3 of 2025
1. B. Srisailam s/o. B.Yadaiah, Occ- Govt Employee, IVo H.No. 1-15, Appareddypally ANT) Village, Madgul Mandal, Ranga Reddy District.
2. B. Yadamn.ra W/o B. Yadaiah, Occ- Housewife R/o [I.No. l-15, Appareddypally Village, Madgul Mandal, Ranga Rcddy District.
3. B. Yadaiah Sro B. Jangaiah, Occ: Agriculture, R/o H. No. l-r5, Appareddypally Village, Madgul Mandal, Ranga Reddy District
4. Smt K. tndu @ Alivelu Wo K. Parvathalu, Occ- I'Iousewife, R./o I)lot no.500, Teachers Colony. Phase-I, BN Reddy Nagar, Sagar Road. Karmanghat Ranga Reddy District.
5. Dr. K. Parvathalu S/o. K. Beeraiah Occ- Asst.l'rofessor R/o P]ot no.500, Teachers Colony. I)hase-[. BN Reddy Nagar, Sagar Road. Karmanghal Ranga Rcddy District.
6. l he State oi'lclangana. I{ep. by thc Public Prosecutor l{igh Court at Hydcrabad. Ilcspo .rdents/llespondents Pctition under Section 359(6) of BNSS. praying that in the circumstances stated in the N,lemorandum of Grounds of Criminal Petition. the High Court rnay be pleascd to perrnit the parties to compound the olfences in C.C. No. 994 of 2022 on the file of the Junioq Civil Judge-cum- Judicial Magistrate ol- First Class at Amangal, Ranga Reddy District in the interest ofjustice I.A. NO: 3 0I. 2025 Pctition under Section 359(2) ol IINSS. praying that in lhe circumstances stated in the Memortndum of Grounds of Criminal Petition. thc High L'ourt ma]" be pleased to record the terrns of conrpromise between the parties and quash the proceedings in C.C. No. 994 of 2022 on the file of the .lunior Civil Judge -(lum- JudiciaI Vagistrate ol First Class at Amangal, Ranga Reddy District; 'l his l)ctition corring on for hcaring. upon perusing the Men.rorandurn of Grounds of Criminal Pctition and upon hearing the arguments of Sri P Animi Rcddy, Advocate for the Petitioner, Sri Jithender Rao Veeramalla, learned Additionat Putrlic Prosecutor fbr the respondent No. I and Sri G. Nagabhushana Redd1. Advocate tbr the respondent No. ) The Court made the following COMMON ORDER: - I I THE HONOURABLE SRI JUSTICE N.TUKARAMJI LA.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.3073 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.994 of 2022, on the file of the learned Junior Civil Judge-cum-Judicial tVlagistrate of First Class at Amangal, Ranga Reddy District, against the petitioners.
2. The petitioners are arrayed as accused Nos.1 to 5 in the Calendar Case registered for the offences punishable under Sections 498-4, 323, 506 read with Section 34 of the lndian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1 961 .
3. Heard tt/lr.P.Animi Reddy, learned counsel for the petitioners, NIr.Jithender Rao Veeramalla. learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.G.Nagabhushana 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 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 petitioners/accused Nos.1 to 5 irf ' C.C.No.994 of 2022. II I I I 2 N7R,/ .I.,|.Na.,:? dnd ) of2025 ir/and ( rl.P.No.)07) of 2025
5. This Court vide order daled 17.03.2025 referred ther 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 24.O32OZS 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 settlemenUcom prom ise.
6. I have considered the submissions of the learnec counsel and perused the materials on record
7. Having considered the allegations, the charged r)ffen,les, which are essentially matrimonial and inter-personal in nature and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. Stafe of Punjab and anothe/ and Anit Mishra v. Stafe of lJ.p.2; Sfate of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment of the impugned pro<;eedings rn view of the settlement by exercising jurisdiction under Section 482 Cr.p C.l52g o,f BNSS, 2023, would be in the interest of justice. _2012 (1O) SCC 303 . 2024 INSC 189 3 zors 1sy scc oaa \ l i a t 3 N''RJ
1..4.N0t.2 and ) of 2025 it/and Cr/.P.No3071 of 2025
8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed Consequently, all proceedings in C.C.No.994 of 2022, on the file of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Amangal, Ranga Reddy District, are hereby quashed against the petitioners/accused Nos.1 to 5. I ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed. \ To, Sd/. I'.PADN'IANABHA I{F]DDY I)EPI.ITY RI'(;ISI'RAR //TlttlIi' (]()PY// Sl-CTIOn- Ol-FICER
1. The Junior Civi] judge-cum- Judicial Magistrate of First Class at Amangal, Ranga Redtly Qistrict
2. One CC to Sri P Animi Reddy Advocate [OP[JC] 3. Onc CC to Sri G. Nagabhushana Reddy, Advocate (OPUC) 4. Two CC to Public Prosecutor, Iligh Court for the State of 'l'elangana at Hyderabad(OUT)
5. Two CD coies Along with a copy of Joint Memo of Comprtlmise 4-- HIGH ('0t-]RT N-m.r DA1.t.l):0I i0{/2025 COMNI0N ORI)I.],R IA. NOS. 2 AND 3 Oli 2(125 IN CRLI'.No.-3073 of 2025 DISPOSING OF THT.] ('ItIMINAL PETITION ANI) ALLOWIN(; IA. N()S. 2 ',\ND 3 ()F 2025 @{,# o o ( t '- =----':-. t,1E.J,{/6 \ 1'l APB 2m st1Tclr ww. ,wry HIGH c6..y,RT FoR THE sr.ATE oF TELANGANA . . AT HYDERT{BAD '- '.:: !. ! CRL.P.No. of 2025 t, :rlr 2 B.srisailam (+r -*t ou^a) S/o.B.yadaiah, ,Age:4Q.yqars, Occ. Govt Employee, l/o. H.No 1-15, Appareddypafly Viitag", Irrirr,aal, Ranga Red-dy Oi"t i"i ' Mudgrl t B. Yadamma lAz t lothQv - i^- Lo-) W/o B.Yadaiah *, Age: 56 years, Oib: House wife, I/o. H.]\o. 1 - 15, Appared.dypally ViIage, Madgul Mandal, Ranga Heddy Diitricl ' -Sm . I I 3l e.yadaiah (*s- F-tne,-l- -^,-) S/o B.Jangaiah Age: 6O years, Oic: AgrilCulture 5/r,n I-"; I 15, lpnareddypally Village, Madgul Mandal, Rimga R€ddy District. 4. Smt K. Indu @ Alivelu (&- <lcE;^ 1,i':ra{r W/o K. Parvatl-ralu Age:39 years, Occ: Housewife, R/o Plot no.SOO, Teachers Colony, phase_I, lN neajV.{aqr, Sagar Road, Karmanghai . Ranga Reddy District.
5. Dr.K. Parvathalu (as t+. <L'a '{ a") S /o. K. Beeraiah Age: 47 years, Occ: Asst.professor Xlo Plot no.SOO, Teachers Colony, phase_I, BN Reddy Nagar, Sagar Road, Karmanghai Ranga Reddy District. 1 2 @ AND The State of Telalgana Rep. by the Public prosecutor High Court at Hyderabad. SmtB.Vijaya W/o B.Srisailam, i!9^ ?J CN !-, ... Petitioners/ Accused No. 1 to S o : rl)o1116CIr"l) :'i \ --!@ilffii D/o B.Dasaradham Age : 30 years, Occ: House wife, R/ o. H.No.2- 1 0, Arkapally Village, Madgul Mandal, Ranga Reddy District. t*')". .:. Respondent / Complai.nart JOINT MDMO
1. It is submitted that respondent no.2 given a complaint against the petitioners in Madgut, Police Station, Rachakonda, registered a case in Crime No.48/ 2019 tor the offences punishable U/Sec.498-A, 323, 506 r/w 34 of IPC & Sec. 3 & 4 otD.P. Act.
2. During investigation the police recorded the statements of witnesses. After completing the investigation, the Police filed Charge.-Sheet in C.C No. 994 12022 on the file of the Junior Civil Judge cum Judicial Magistrate of - First Class, Amangai, Ranga RedCy .District for the offences punishable U/Sec.498-A, 323, 506 rlw 34 of IPC & Sec. 3 & 4 of D.P. Act arrd the same is pending.
3. It is submitterl that as per the MOU dt. 12-Ol-2O25 both parties are compromised lhe following pending cases between them. a. C.C.No.991 of 2022 on the file of the Jurior Civil judge Cum Judicia,l Magistrate of First Class, Amangal, Ranga Reddy District.( U/Sec. 498A, 323,506 R/w 34 of IPC and Sec.3 & 4 of DP Act)" b. CrI.RC.No.53O of 2024 pending before the H.onfle High Court; ' ll' r;. ,19q d.{i qf'g,g+O I IIttll t .ry 'r--x?r@-:WRi i; c. Crl.MP.No .284 of 2C.24 in M.C.No. 152 of 2OL9 pending before the Additional Family Court, Ranga Reddy District at LB Nagar. d. DVC.No.10 of 2022 pending before tlee Junior-Civil Judge_Cum_ Additional Judicial Magistrate ol First Class at Amangal, Ranga Reddy District. e. FCA.No.65 of 2024 pending before the Hon,ble High Court. at ,"'
4. It is spbr.nitted that at the ins(ance of elders and well wishers the "petitioner no.1 and the responde nt no.2 entered into MoU dt.Lz-or- ,Ot?l * per MOU we both compromised in a1l cases and agreed to get mutuai divorce and the petition6r no.1 agreed to pay an amount of. Rs. 12,0O,000/- as fu1l and final settlement and the petitioner no.l agreed to 3,OO,000/- by way ai O.O per each case it amounts to total of Rs. 12,0O,O00 l- fot ail four cases. Now the petitioner no. 1 kg"..a -to,.give Rs.3,00,OOO/- for compromising the present case by way of D.D. The originat D.D will be handed over to respondent no.2 at the time of recording of compromise before the Hon'bre court wide D.D.No.46 1 406 dt. LT -02-2025. ,1al 5' The contents mentioned in the said compromise petition is true and correct to the best of their knowledge and belief, the said compromise is entered free w l and consent and without undue influence from anyone and the respondent no.2 have no objection to allow the criminal petition. "vith ./3.vii# d-{r*& a\r€. ntJ ':t1..:.-..n ::::' :' lt: . I I I I :'\ I I ":}tE?t-zr!,{r -q It is therefore prayed that this Hon,ble Court may be pldased to record the terms of compromise between the partie"s artd quash the proceedings against the petidoners/Accused No.1 to 5 in C.C.No.994 of 2022 on the file of the Junior Civil judge Cum Judicial Magistrate of First Class, Amangal, Rangl Reddy District and pass such other order or orders as the Hon,ble court may deem lit and proper in the interest ofjustice. Hence this Joint memo. Date:24-02-2O25 Hyderabad. Z;Eg4_- ER No.1 No.2 afPxiafr-f PETITIONER No.3 44, PtrTITIO o.4 PETITIONER NO.5 rg "d%q
2.d RESPONDENT L,bN COUNSEL FOR ,n*1, THE'RES PONDENT NO.2 COJNSEL FOR PETITIONER l ! I l n 1l I ,.,,ti