High Court of Telengana · 2025

Petition under section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings in FrR No; 714 ot 2024 of ps Vemurawada ttwn on the file of the learned Judicial First-class [vlagistrate at Vemulawada in view of the settlement between the Petitioners and the s-econd Respondent here in; rA.NOS.2 & 3 0F 2025: BETWEEN: Panduga Narbsh Kumar, S/o Devaiah, Aged 45 years, 1-4-19 Occ. Business, R/o H.No. 1-98, Shabashapalli RR Colony, Vemulawada Urban Mandal, Rajanna Siricilla. ...PETITIONERS/RESPONDENT NO.2 IN BOTH PETITIONS AND 1 State of Telengana, Rep Hyderabad. by Public Prosecutor, High Court of Telengana, RESPONDENT IN BOTH PETITIONS

2. Regula Balaram, S/o Narsaiah, Aged. 44 years Occ. B:siness Rlo 2-5St4B VTC.Nampalle, PO.Anpur Vemulawada, Karimnagar now Rajanna Sircilla Dist. 3 Peddigeri Sangeetha, D/o Late P.Rajalingam, Aged. 46 years occ. business manager of SS ECO motors R/o Flat No.404 C block bema pride beside HP Petrol Bunk, Pet Basheerabad, Medchal Malkajgiri Districl .

4. Vishwanatham Nagaraju, S/o Vishwanatham Chandraiah, Aged. 46 years, Occ. Business, Rlo 14-8211 Srr Ram Nagar Colony, Patancheru lr/unrcrpality Near Navatha Transport, Patancheru Medak District. l.A. NO: 2 OF 2025 RESPONDENTS/PETITIONERS/ACCUSED NO.1 TO 3 IN BOTH PETITIONS Petition under Section 359(2) r/w 528 of BNSS praying that in the circumstances stated tn the Memorandum of Grounds of Criminal petition,the High Court may be pleased to permit the petitioner/De-facto complainant and A-1 to A-3 to compound the offences in FIR No. 714 of 2024 of PS Vemulawada town on the file of the learned Judicial First class Magistrate at Vemulawada in view of the compromise between the parties and to record the compromise l.A. NO: 3 OF 2025 Petition Section 359(6) r/w 528 of BNSS praying that in the crrcumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to record the compromise between the parties here in and to quash the proceedings in FIR No. 714 of 2024 of PS Vemulawada towrr on the file of the learned Judicial First class Magistrate at Vemulawada in vieu, of the settlement between the Petitioners and the Second Respondent here in; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments, of Sri M ANAND KUMAR ,Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No. 'l and Sri (j. Ravi Chandran, Advocate appear for the Respondent No.2; The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N'TUKARAMJI l.A.Nos. 2AND3 oF 2025 ln/And CRIMIN AL PETIT-roru No.344 5 0F 2025 COMM ON OR DER This Criminal Petition is filed under Section 528 of Bharatiya 2023 ('tor short 'BNSS' 2023') seeking Nagarik Suraksha Sanhita' quashment of the proceedings against the petitioners in Crime No 714 of 2024 ofVemulawada Town Police Station' Vemulawada' Rajanna Sircilla District

2. The petitioners are arrayed as accused Nos l to 3 in the Crime registered for the offences punishable under Section 318(4) of Bharatiya Nyaya Sanhit a, 2023, Sections 3 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act' 1978 and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act' 1999'

3. Heard Mr.M.Anand Kumar' learned counsel for the petitioners' Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor' representing the respondent No 1-State and IVlr'G'Ravi Chandran' learnedcounselfortherespondentNo.2/de.facfocomplainant 4 Pending this petition, the parties have entered into the compromlse and, accordingly, respondent No'2/de-faclo complainant filed I A Nos 2 and 3 of 2025 with the prayer to permit them to enter into compromise 2 ,\ 'I r1 ' L-'1.\o:.2 rnd ) ol 2t))i in / and (.rl.l'.Na )115 al 202i and by recording the settlement to quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.714 of 2024

5. This Court vide ode;- dated 1 1 03-2025 referred the parties to the High court Legal Services committee for identification and to verify the voluntariness in aniving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 25.03.2025 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 withoul coerclon entered into settlemenVcompromise. 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 settlement betwet-'n the parties and to restore peace between the parties, in the light of the dictums in Gian Singh v. Sfate 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 ,rf the impugned | 2012 (1O) SCC 303 '? 2024 INSC 189 I 2019 (s) scc 688 3 \ lti. / L,'1.\0t.2 tnti ) o1 )t))t tnftn,i (.'/.1'.Xo )ll i r.,l ?t)l i proceedings in view of the settlement by exercising iurisdiction under Section 482 Cr.P C.l528 of BNSS, 2023, would be in the interest of justice

8. Accordingly, LA.Nos 2 and 3 of 2025 are allowed. Consequently, all the proceedings in Crime No.714 of 2024 of Vemulawada Town Police Station, Vemulawada, Rajanna Sircilla District, are hereby quashed against the petitioners/accused Nos.1 to 3 I ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD'. N. SRI ARI RAR OEPUTY REGI SECTION OFFICER To,

1. The Judicial First Class Magistrate' Vemulawada 2. The Station Ho"" om"Jll'v-tt'r'*'J' p s ' R4anna sircilla District ; cj;;;;i; sRl M ANANb KuMAR Advocate [oPUCl t*:ss j1.',t1":'8tx"'glmfi ['f SxTJ:iH'""erabad(oUr) 5. Two CD CoPies ii,i,In,iin1 ;o-p-v of Joint Memo of compromise) VSM/gh 6 HIGH COt,RT DATED:2910412025 / \ r,\ 'l 0 .iuil M - ll ,,i : ORDER !A.NOS.2&30F2025 IN/AND CRLP.No.3445 of 2025 ALLOWING THE IA.NOS.2 & 3 OF 2025 AND DISPOSING OF THE CRIMINAL PETITION Cgtf'' W -.1 .. JOINT COMPROMTSEMEMO rH I I I

1. It is submitted that on a complaint lodged by Second Respondent with the Police Vemulawada town have registered crime No: 714 of 2024 against the Petitioners for the offences alleged U/s' 3 18 ( 4 ) BNS and Sec 3 & 5 of Prize chits and money circulation schemes (Banning) Act 1978 and Sec 5 of the t"t"ngunu Protection of Depositors of financiai establishments Act of 1999' 2. It is submitted that the issue is basing on some minor business misunderstanding between the parties herein' After registering of crime' the petitioners and the second respondent have settled the issue amicably between them and the second respondent has agreed to receive one electric bike at the time of appearing and getting identified before the Legal services authority High court of Telengana at Hyderabad and the second respona"nt t-'u' already paid the balance amount of the electric scooter of Rs' 45'000/- to the accused 2 and 3 herein towards full and final payment' Both the parties herein agree that they have no further claims against each other' 3. It is submitted that since the offences under the provisions of acts other ":::f'It.;:; than BNS are non-compolaale -: Honorable Court to quash the above cnme :::t::,:":":^til compromise (Q*-- dJ ?- r-l frebtql i I ) j ) It is therefore prayed that this Honorabte Court may be pleas':d to record the compromise between the parties here in and to quash the proceedings in FIR No; 714 ol ZOZq of PS Vemutawada town on the file of the learned Judicial First class Magistrate at Vemulawada in 'view of the settlement between the Petitioners and the Second Respontlent here in and be pleased to pass such other order or orders as deemed fit and proper in the interest ofjustice. &,-- PETITIONER No: 1 P9'F .rJTd PETITIONER No: 2 PETITIONER No;3 $^_ Counsel f6-r Petitione rs 6xtx"o REsPot,DBNT No;2 Hyderabad Dated: .3.2025 Counsel for ResPondert No.2