'I PolimeraShivashanker Reddy v. 1. The State of Telengana

Petition under Section 528 BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay of all further proceedings in SC No. 3912024, on the file of Principal District and Sessions Judge, Peddapalli, Peddapally District, insofar as the Petitioner is concerned, including appearance of the Petitioners. t I I l.A. NO: 3 OF 2025 BETWEEN: Sri Eleti Ram Reddy, S/o. Raji Reddy.Aed 66 Years, Occ. Agriculture, Rio. Dharamaram Village, DharamaramMandal, Peddapally District. ...Petitioners/Respondents l.A.Nos.3 & 4 of 2025 AND '1 . PolimeraShivashanker Reddy. S/o. Sambashiva Reddy. Aged 42 years, Occ. Software Employee, R/o. Settivaripally Village, Ir/ydukurMandil, Kadapa District.

2. PolimeraSambashiva Reddy, S/o. Ram Reddy, Aged 70 years, R/o. Settivaripally Village, tt/ydukurMandal, Kadapa District. ... Respondents/Petitionersl.A. Nos.3 &4 ot 2025

3. The State of Telengana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Through PS Dharamaram, Karimnagar District . Res pondents/Respondents l.A. Nos.3 &4 ot 2O25 Petition under Section 359(6) BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to grant permission to file the present Criminal Petition seeking to quash the proceedings in SC No. 3912024, on the file ofPrincipal District and Sessions Judge, Peddapalli, Peddapally District, in view of the compromise and to accord permission between the Petitioners and the Respondent no.2. l.A. NO: 4 OF 2025 Petition under Section 320 (41 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 record the compromise and to quash the proceedings in SC No. 3912024, on the file of Principal District and Sessions Judge, peddapalli, Peddapatly District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G Chandrasekhar, Advocate lor the Petitioners and Mr JithenderRaoVeeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and the Mr. RamuPasupula, 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. 32 89 0F 202s 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 S.C. No. 39 of 2024, on the file of the learned Principal District and Sessions Judge, Peddapalli

2. The petitioners are arrayed as accused Nos.'1 and 2 in lhe Sessions Case regrstered for the offences punishable under Sections 304-8 of the lndian Penal Code, 1860 ind Section 4 of the Dowry Prohibition Act, 1961

3. Heard Mr.G.Chandra Shekar, learned counsel for the petitioners, ltlr.Jithender Rao Veeramalla, learned Additional public prosecutor, representing the respondent No.1-State and Mr.Ramu Pasupula, learned counsel for the respondent No.2/de-faclo complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2lde-facfo complainant filed l.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.1 and 2 in S.C. No. 39 of 2024. i I .l I I I I i r i I 2 \ I. .l.\oi.I atrl t al )02; nf and Crl. l'. N o. ) 2E() of 202 5 rfi*-

5. This Court vide ordet dated 06.03.2025 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 Commtttee, has submitted report dated 12 03 ZO2S 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 . The accusations against the petitioners/accused Nos.1 and 2 in the Police Report are that, on 28.10.2013 at about '1 2 30 hours, in the absence of inmates, the deceased Swetha/wife of the petitioner No.1 vexed on her life due to lhe mental harassment of the petitioners/accused for dowry, hanged herself with a saree to the ceiling fan and committed suicide by leaving a suicide note. Having considered the allegations, the charged offences and taking into account the amicable setflement between the parties, in the light of the dictums in Gian singh v. sfate of ___P-UniaO and anotherl and Anil Mishra v. State of U.p.2; Sfate of | 2012 (10) scc 303 ' 2024 INSC 189 I I I i I I 3 N7R./ I.-.1.N0t.) dnd 4 af20J) in/anl Cr/.1'.i\0. )289 of 2025 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 4g2 cr.p.c.r52B of BNSS, 2023, would be in the interest of justice. 8 Accordingly, l.A.Nos.3 and 4 of 2025 are allowed. Consequenily, all the proceedings in S.C. No. 39 of 2024, pending on the file of the learned Principal District and Sessions Judge, peddapaili, are hereby quashed against the petitioners/accused Nos.1 and 2. 9 ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applicalions, if any, shall stand closed. Sd/- P.CH. NAGABHUSHAMBA DE UTY REGISTRAR To, //TRUE COPY// CTION OFFICER l.ThePrincipalDistrictandSessionsJudge,Peddapalli,PeddapallyDistrict' 2. The station House officer, Dharmaram Police station., Karimnagar District 3'TwoCCstothePublicProsecutor,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

4. One CC to Sri. G Chandrasekhar, Advocate [OPUC] 5. One CC to Sri.Mr.RamuPasupula, Advocate [OPUC] 6. Two CD Copies NVB/psl Along With a Copy of Joint Memo of Compromise -.5iry-- ..'w HIGH COURT DATED:2610312025 So 02 AUE M r.i- o L) rJ? If / i\. COMMON ORDER lA.Nos.3 and 4 oI2025 ln/and CRLP.No.3289 ot 2025 DISPOSING OF THE GRLP AND ALLOWING THE lA.NOs.3&4 OF 2025 0 It la( IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD CRL. P. NO. oF 2024 Against ----l (SC No.39t2024, on the file of Hon'ble PRL. DISTRICT AND SESSIONS JUDGE, Peddapalli, Peddapally District) BETWEEN:

1. Polimera Shivashanker Reddy, S/o. Sambashiva Reddy, oeil e"l|"Y- 4Vr.-- Aged 42 years, R/o. Settivaripally Village, IVlydukur [/landal, Kadapa District.

2. Polimera Sambashiva Reddy, S/o. Ram Reddy, Aged 70 years, R/o. R/o. Settivaripally Village, l\/ydukur Mandal, Kadapa District. ^ ..PETITIONERS/A1 and A2 AND

1. The State of Telengana, ReP.' bYt;15 Publrc Prosecutor, High Coqrt for the State of Telangana, Through PS Dharamaram, Karimnagar District.

2. EletiRam Reddy, S/o. Raji Reddy, Aed 66 Years, Occ. Agriculture, Rio. Dharamaram Village, Dharamaram l\4andal, Peddapally District. .RESPONDENTS/COUIPLAINANT JOINT MEMO FILED BY THE PETITIONERS AND RESPONDENT NO 2. 'l .lt is submitted that basing on the Complaint given by the 2nd iieSpondent herein, before the PS Dharmaram, against the Petitioners herein, FIR No 15712013 on28-10-2013, was registered and the Police filed Charge Sheet in the said case and the numbered as SC No. 3912024, on the file of Hon'ble PRL. DISTRICT AND SESSIONS JUDGE, Peddapalli, Peddapally District And after the formation of the Peddapally as a new District the same is transferred to the present court, the newry estabrished court. The petitioners herein is arrayed as Accused no 1 to 2, in the said case l' 2 lt is submitted that during the pendency of the said case, with the intervention of the erders and weil wishers, the matter has been compromised by the both the parties and the 2nd Respondent heiein has decided to withdraw the said case, filed by him against the petitioners. 3 lnview of the above, it is therefore prayed that this Hon,bre court may be pleased to record the compromise and to quash the proceedings SC No. 3912024, on the file of Hon,ble pRL DISTRICT AND SESSIONS JUDGE, i\ Peddapalli, Peddapalty District. Zt,*.f'";'lr-- PETITIONER No.1 J..Ju\'UILJ PETITIONER No. 2 RESPONDENT NO.2 COU S OR THE PETITIONERS 0r, CO UNSEL FOR THE RESPONDENT NO.2