The High Court · 2025

The State of Telangana, Rep. by its Publig Prosecutor, Higtl Court Buildings, High Court, Hyderaiad, Thrbugh e.S., Pet Basheerabad, Cyberabad. 1"t ...ResPondenUComPlainant Smt. Puttapada Lakshmi, Wo. Late Balaiah, nggg.g9 years, Occ- Labour, R/o.Opposite Bhashyam School, Alwal, Medchal Malkajgiri Diskict. 2nd ...RespondenU De-facto 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 to quash the proceedings against petitioners/ accused Nos. 1 and 2 in i.C.No.t3tS ol 2022 on the file of the lX Additional Metropolitan Magistrate, Cyberabad at Medchal. l.A. NO: 2 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 stay all further proceedings, including the appearance_ of the petiiioners/ accusei Nos.1 and 2 in C.C.No.1315 of 2022 on the file of the. lX Rdditionat Metropolitan Magistrate, cyberabad at Medchal, pending disposal of the above criminal Petition. l.A. NO: 3 OF 2025 BETWEEN: Smt. Puttapada Lakshmi, Wo. Late Balaiah, Aged 30 years, Occ- Labour, R/o.Opposite Bhashyam School, Alwal, Medchal Malkajgiri District. ...Petitioner/2nd ...RespondenU De-facto complainant ln l.A.Nos.3 and 4 of 2025 AND

1. Banoth Laxman, S/o. Banoth Kheemya, Aged 40 years, Occ- Business, R/o. Villa No.44A, Orjitha Grand Vie-1, Gundlapochampally, Medchal Malkajgiri District.

2. Rathlavath Manya Naik, S/o. Rathlavath Andya, Aged 42 years, Occ- Mason, R/o Bhoothpur, Bhoothpur Mandal, Mahabubnagar District. ...Respondents/petitioners/Al and 2 in l.A.Nos.3 and 4 ol 2025

3. The State of Telangana, Rep. by its Public Prosecutor, High Court Buildings, High Court, Hyderabad, Through P.S., Pet Basheerabad, Cyberabad. ...Respondents/1"t Respondent in l.A.Nos.3 and 4 ol 2O25 Petitlon under Section 359 (6) 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 2nd respondent to compound the offences in C.C.No.'13'15 of 2022 on the file of the lX Additional Metropolitan Magistrate, Cyberabad at Medchal, registered U/Sec.304-4 IPC by recording the compromise, in the interests of justice. l.A. NO: 4OF 2025 Petition under Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise by quashing the proceedings against the petitionersiaccused Nos. 1 and 2 in C.C.No. 1315 ol 2022 on the file of the lX Additional Metropolitan Magistrate, Cyberabad at Medchal. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crrminal Petition and upon hearing the arguments of Sri Nageshwar Rao Pujari, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of Ms. Mallareddyga ri Harthika, Advocate for the Respondent No.2 The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No. 3193 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.'1 315 of 2022 on the file of the learned IX Additional lt/letropolitan l\ilagistrate, Cyberabad at l\tledchal

2. The petitioners are arrayed as accused Nos.1 and 2 in the Calendar Case registered for the offence punishable under Section 304-4 of the lndian Penal Code, 1860

3. Heard lrlr.Nageshwar Rao Pujari and Ms.R.Sandhya Rani, learned counsel for the petitioners. Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and lVIs.[Vlallareddygari Harthika, learned counsel for the respondent No.2/ de-facto complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.3 and 4 of 2025 with the prayer to permit them to enter into compromise and by recording the settlementTo" quash the proceedings against the petitioners/accused Nos.1 and 2 in C C.No 1315 of 2022 i I * ,-' 2 N7 l. 1.No.L.) ucl 1 o1 2025 iniand Lr/.P.No.)/93 01 2025

5. This Court vide o.de-r dated '1 3 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 20.03.2025 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 settlemenUcom prom ise.

6. I have considered the submissions of the learned counsel and perused the materials on record

7. The accusations against the petitioners/accused Nos.1 and 2 in the Police Repoft are that on 15.1C.2022 at about 5:0C hcurs, the husband of the respondent No.2ldeiacto complainant, while fixing the lift machine fell down from the 4ih floor of the building and died due to head injuries. Alleging that the petitioners/accused Nos'i and 2 Cid not provide any safety precautions and it caused the death, lodged the complaint. Having considered the allegations, the charged offence and the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gran Singh v. State of punjab and anotherl and | 2012 (1Ol SCC 303 I I I 3 Nl l{,/ 1...1.Na.t.) und I al 20?5 in/antl a .P Na.JtY) of20?t Anil Mishra v' State of lJ.Pz; Sfafe of Madhya Pradesh v' Laxmi Narayan and others3, this Court is of the considered view that quashmentoftheimpugnedproceedingsinVieWofthesettlementby exercising jurisdiction under Section 482 Cr'PC'15!8 of BNSS' 2023' would be in the interest of justice B. Accordingly, l.A Nos 3 and 4 of 2025 are allowed Consequently' allproceedingsinC.C.Nol3l5of2022onthefileofthelearnedlX Additional ltletropolitan Magistrate, Cyberabad' Medchal' 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 SD/. REKHA RANI.B s TANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

1. The lX Additional Metropolitan Magistrate, Cyberabad at Medchal' Z. fne Statvion House offiier, Petbaiheerabad Police Station' Cyberabad' 5. r*" b-cd io the public prosecutor, High court for the state of Telangana at 4. Ohe CC to Sri. Nigeshwar Rao Pujari, Advocate tOfUC] 5. O;; CC to ttlts. Mailareddygari Harithika, Advocate [OPUC] 6. Two CD CoPies Hyderabad [OUT] NVBiPSL\Y '? 2024 INSC 189 3 2019 (5) scc 688 HIGH COURT DATED:0710412025 /r.\ ) !,,') COMMON ORDER l.A.Nos.3 and 4 o12025 ln/And CRLP.No.3193 of 2025 -., ,.-.:-- .. ,:,E Sr;i\ ,. .\, .- i\ v,- .\ i.( t 2 o ,r\ /, 3 1 JUt 2U5 t D * TCar--o. =:-'2 DISPOSING OF THE CRLP AND ALLOWING THE !A.NOS.3 &4oF2025 q"uC'a .e-'