✦ High Court of India · 18 Mar 2025

The High Court · 2025

Case Details High Court of India · 18 Mar 2025
Court
High Court of India
Decided
18 Mar 2025
Bench
Not available
Length
1,348 words

...Respondent No.1 /De-facto Complainant 2. The State of Telangana, Through its Public prosecutor, Honble High Court of Telangana ...Respondent No.2/Complainant Petition under Section 528 of BNSs, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal pirtition, the High Court may be pleased to quash the proceedings against the petitioners herein/Accused No.'t to 3 in C.C. No. 3035 of 2021 on the file of the Metropolitan Magistrate, at Malkajgiri, in the interest of justice. l.A. NO: 'l OF 2025 BETWEEN: Plt 9:fSrl,Plqr.g"tq,,Wo Beeraf Nagaraju, Aged about 31 years, Occ. Pvt Service. R/o H.No. l0-469/1 , pVN Cotony,-MirzEtguda Matkjjgiri. ' ...Petitioner/Respondent No.1 in lA.Nos .1 & 2 ot Z02S AND '1 . Beeraf Nagaralu,, S/o Employee Beraf Premdas, Aged about 35 years, Occ. pvt 2 Beraf Premdas,, S/o late Laxmaiah Aged about 67 years, Occ employee. Husband Retied ECIL Father of Al 3. Beeraf Venkat Ramana,, S/o Beraf premdas, Aged about 31 years, Occ. HR at Tech Mahindra. ..(All are R/o. H.No.159-B Type, 1Oth Block Or,,. .","""J,t::1",:rE Malkajgiri). ...Respondents No.1 to 3/petitioners in IA.Nos.,l & 2 of 2O2S

4. fhe State of Telangana, Through its public prosecutor, High Court of Telangana ...Respondent No.4 in IA.Nos.1 & 2 ol 2025 Petition under Section 359(6) praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to permit to compromise the matter in the interest of Justice. LA. NO: 2 OF 2025 Petition under sectron 3s9 (2) BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal peiition, the High court may be pleased to record the compromise between the petitioner arid Respono6nts evidenced by Settlement Deed dt. lgthday of February zo2s and quash the proceedings against the Respondents Nos.l to 3 herein i.e. Accused No. .l to 3 in c.c.No.3035 of 2021 on the fire of the Metroporitan Magistrate, at Markajgiri. This Petition coming on for hearing, upon perusing the Memorandum of _ Grounds of criminar Petition and upon hearing the arguments of sri H.Sudhakara Rao, Advocate for the petitioners and the Sri Jiihender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.2 and sri D-Madhava Rao and Karthik Madhanu, Advocates for the Respondent No.1. 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.3376 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.3035 of 2021 , on the file of the learned Metropolitan [VIagistrate, at tVlalkajgiri

2. The petitioners are arrayed as accused Nos.1 to 3 in the Calendar Case registered for the offences punishable under Section 498-4 of the lndian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961

3. Heard [Vlr.H.Sudhakar Rao, learned counsel for the petitioners, Mr.D.l\Iadhava Rao and Mr.Karthik fi/adhanu, learned counsel for the respondent No.1 I deJacto complainant and tVlr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.2- State

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.'l 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 petitioners/accused Nos.1 to 3 in C C No.3035 of2021 2 Nll{ 1.. l.\orl nl 2 n[202i inianl Crl.P.No. ))76 oJ 202i

5. This Court vide otdet dated 07.03.2025 referred the parties to the High Court Legal Seruices Committee for identification and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 12.03.2025 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 settle me nVco m p ro m ise 6 I have considered the submissions of the learned counsel and perused the materials on record

7. Having considered the allegations, the charged offences, which are essentially matrimonial and inter-personal in nature and taking into account the amicable settlement between the pa(ies and to restore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and anothe/ and Anit Mishra v. Stafe of lJ.P.2; Sfafe of Madhya Pradesh v. Laxmi Narayan and others3, this Cou( is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising lurisdiction under Section 482 Cr.P.C.l52B of BNSS, 2023, would be in the interest of justice. | 2012 (1O) SCC 303 '? 2oz4 INSC 189 3 zo19 (s) scc 688 3 \ 7R./ ,I- 'l.Nor: / anl ! 01 202:t tn/nl (.r1. P.,\o ) );6 r4 )02 i B. Accordingly, l.A.Nos.'l and 2 of 2025 are allowed. Consequenfly, all proceedings in CC.No. 3035 of 2021 , on the file of the learned Metropolitan Magistrate, Malkajgiri, are hereby quashed against the petitioners/accused Nos.1 to 3, o ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed Sd/- S.MALLIKARJUNARAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The XVll Additional Metropolitan Magistrate Cyberabad at Malkajgiri. 2. The Station House Officer, Malkajgiri Police Station, Rachakonda. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to Sri H.Sudhakara Rao, Advocate [OPUC] 5. One CC to Sri D.Madhava Rao, Advocate [OPUC] 6. Two CD Copies Hyderabad [OUT] NVB/PSL Along with a copy of Joint Memo of Compromise \4- \ .'a-- .-i.. '' .' - ,r' ,'.', /(.. o. :: 28 AUB 2025 , ,} * Ds D,,1iIira\ ,/, HIGH COURT DATED:18 tO3t2O2S COMIVION ORDER and 2 ot ZOZi l.A.Nos.1 ln/and CRLP.No.3376 of 2O2S ,?..^ff :,,t, ?? IIrTRLP A N D AL Lowr NG rH E .r."S& &ff o IN THE HONIBLE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD CRL.P#; oF 2025 BETWEEN:

1. Beeraf Nagaraj ir, S/o Beraf premda$, Aged about 35 yeairs, Occ: Pvt trmploye(. 2. Beraf premdai, S/o iate Laxmaiah Aged about 67 years, Occ: Retied ECIL employee. 3, Beeraf Venkat Ramana, S/o Beraf premda!, Aged about 31 yedrs, Occ: HR al Tech Mahindra. All_are R/o H.No. 159 B type, lOth Block, APIIC Colony, ECIL, Kapra, Malkajgiri. AND . . PETITIONERS/PETITIONERS

1. Smt. Dasagari rpraveena, W/o Beeraf NagarAJ u, fqea-_a!9u1St years, Occ: pvr Service, R/o H.No. tO-469/1, pVN Colony, Mirzalgucla. MaJkaj giri. 2. THE, STATE OF TELANGANA Through its publi Hon'ble High Cou Prosecutor, t of Telangana C r ...RESPONDENTS/RESPONDENTS JOINT COMPROMISE MEMO It is humbly submitted that the petitioners and 1.he Respondent No. I have compromised the matter out of the court with the intervention of elders and well wishers ald Petitioner No. 1 a,d Respondent No. I signed settlement Deed dt. 18rH Day of February 2025, and in view of the compromise they do not want to further proceed with the case in c.c. No. 3o35 of 2o2l on the file of the Metropolitan Magistrate, at Malkajgiri, as such the same may be quashed against the Petitioners/ Accused No.1 to 3 in the interest ofjustice. Hence, this Joint Compromise Memo Place: Hyderabad. Dated:$. -p)-2O25 RESPONDENT NO. 1 \N. PETITIONER No.1 PETITIONER No.2 !;!-!eJ'**"^ PETITIONER No.3 COUNSEL F RESPONDENT No.1 COUNSE FOR PETITI ERS

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