✦ High Court of India · 30 Apr 2025

The High Court · 2025

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,842 words

Acts & Sections

Cited in this judgment

The State of Telangana, Rep. by its Public Prosecutor, High Court Complex, High Court, at Hyderabad The Station House Officer,, Shamshabad Police Station, Cyberabad, Ranga Reddy District. ..Respondent in CRLP and lA.No.2 ol 2025 Kodavath Tejya,, S/o Late Shakru, Aged about 60 years, Occupation Shopkeeper, R/o. H-No. 9-72, Mekala Banda Thanda, Palmakul Village, Shamshabad Mandal, Ranga Reddy District. ...RespondenUDe-facto Complainant in CRLP and lA.No.2 ol 2025 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 call for the records relating to and connected with Crime (FlR) No. 551 o't 2024, dated 08-09-2024 filed uls 464,468,471,420 rlw 34 lPC, pending on the file of the Station House Officer, Shamshabad Police Station Cyberabad, Ranga Reddy District and quash the same. l.A. NO: 1OF 2025 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 grant stay of all further proceedings in Crime (FlR) No. 551 of 2024, dated; 08-09-2024 filed uls 464,468,471,420 rtw 34 tPC, pending on the fite of the Station House Officer, Shamshabad Police Station, Cyberabad, Ranga Reddy District including the arrest and personal appearance of the petitioners / Accused. l.A. NO: 2 OF 2025 Petition under section 359(6) of BNSS praying that in tht-. circumstances stated in the Petition, the High Court may be pleased to pernrit the complainant to compound the offence in the Crime (FlR) No 551 of 20,t_4, dated; 0g-09-2024 filed u/s 464,468,471,420 rlw 34 tPC, pending on the fite of the Station House Officer, Shamshabad Police Station, Cyberabad, Ranga Reddy District, in view of the compromise between the parties, in the interest of Justic€,. l.A. NO: 3 OF 2025 Between: Kodavath Tejya, Q/o Late Shakru, Aged about 60 year:;, Occupation Shopkeeper, R/o. H-No 9-72,nllekala Banda Thanba, t,almakul Village, Shamshabad Mandal, Ranga.Reddy District. Petitioner/De-facto Complainant AND 1 2 J 4 The State of Telangana, Rep by its Public Prosecutor, lligh Court Complex, High Court, at Hyderabad The Station House Officer,, Shamshabad Police Station Cyberabad, Ranga Reddy Diskict. ...Respondent [gdavqth l4lu,, S/o Late Shakru, Aged about 45 years, Occupation Business, !-/o HNo 9-72, Mekala Banda Thanda, palmakul ',,rillag6, Shamshabad Mandal, Ranga Reddy District. Banavath Naresh,, S/o Rediya, Employee, R/o. H No. Manneg uda lVlandal, Ranga Reddy Districi. Aged about 25 ye,ers, Occupation Pvt. Thanda, Nedunurr Village, Kandukur ...PetitionersiAccused No.1 & 2 Petition under Section 359(2) of BNSS praying that n the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to record the compromise statement and to quash the Crime (FlR) No 55112024 dated 08-09-2024 liled uts 464,468,471 ,4ZO rtw 34 tpC, pending on the file of the Station House Officer, Shamshabad Police Station, Cyberabad, Ranga Reddy District, in view of the compromise between the parties. This Petition rAs coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Sri Varthya vinod, Advocate for the petitioners and the Sri Jithender Rao Veeramarra, Additional Public prosecutor on behalf of the Respondent No.1 , and Sri B.Ramulu, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND3O F 2025 ln/And CRIMINAL P ETITION No. 37 93 0F 2025 COMMON O RDER This Criminal petition is filed under Sectron 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS. 2023,) seeking quashment of the proceedings against the petitioners rn crime No 551 cf 2024 of shamshabad porice Station, cyberabad commissionerate. Ranga Reddy Drstrict 2 The petitioners are arrayed as accused persons in the Crime regrstered for the offences punishable under Sections,167, 468, 471.420 read with Section 34 of the lndian penal Code, .1g60 3 Heard Mr.Varthya Vinod learned counsel fo- the petitroners, lVlr Jithender Rao Veeramara, rearned Additronar pubric prosecutor, representrng the respondent No.1_State and Mr B Ramulu, learned counsel for responden t No.2/ dela cto complainant. 4 Pending this petition, the parties have entered intc the compromise and, accordingly, they moved l.A Nos.2 and 3 of 2O2i vrith the prayer to permit them to enter tnto 666prqpise and by recording .he setflement to quash the proceedings against the petitioners/accused rn crime No FfT- of 2024 7 2 \11{ / t 1\n,.: Jltl 1 t:tl:; (.tt.P.\tt.) ;9 ) rtl )02 j

5. This Court vide order dated 04 04 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 11'04.2025 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 settlement/comPromlse I have considered the submissions of the learned counsel and

6. perused the materials on record' 7. Having considered the allegations' the nature of charged offences and taking into account the amicable settlement between the parties and to restore peace between the parties, in the right of the dictums in Gian Singh v.state of Puniab and anotherl and Anil Mishra v' State of tJ.P.2i State of 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 482 C:'PC|S2B of BNSS' 2023' would be in the interest of justice L 2012 (10) scc 303 1 2024 INSC 189 : 2919 (5) SCC 688 7 3 \ I l(. / )nl /. i. \r,_ L, -tJ-, t): / .t-.1 r t .1) \r )-l ) al )t))i 8 Accordingly. l A.Nos.2 and 3 of 2025 are allowed. Ccnsequenily, all the proceedings in Crime No 551 o,f 2024 of Shamshabad police Station cyberabad commissionerate, Ranga Reddy )istrict. are hereby quashed against the petitioners/accused. ln the above terms, the Criminal petition is disposed of Pending miscellaneous applications, if any, shalt stand closed SD/.A.SREENtVASA REDDY ASSI$TANT REGISTRAR //TRUE COPY// !ecrroru oFFrcER The Xl Additional Metropolitan Magistrate Cyberabad, at Ra1endranagar. The Station House Officer, Shamshabad Police Station, Cyberabad. Two CCs to the Public Prosecutor, High Court for the Stale of Telangana at Hyderabad [OUT] One CC to Sri Varthya Vinod, Advocate [OPUC] One CC to Sri B Ramulu, Advocate [OPUC] Two CD Copies I 1 2 3 4 5 To, w; NVT}/I'SL Along with a copy of Joint Memo of Compromise /, .i --'".1 HIGH COURT l ..i DATED:3010412025 I I SEP 2025 COMMON ORDER l.A.Nos.2 and 3 of 2025 ln/and CRLP.No.3793 of 2025 DISPOSING OF THE CRLP AND ALLOWING THE lA.Nos.2&3OF2025 ,cb IN TIIE I{IGH COTIRT FOR THE STATI] OF TELANGANA AT HYDERABAD I.A. No. OF 2025 IN CRL.P. No. 3793 OF 2O2s Betlveen Kodavath Lalu, S/o Late Shakru, Agcd about 45 years, Occupation: Business, R/o. H-No. 9-72,MekalaBanda Thanda. palmakul Village. Shamshabad Mandal, Ranga Reddy District. 2 Banavath Naresh, Sio Rediya, Aged about 25 years, Occupation: Pvt. Employee, R /o. H-No. Manneguda Thanda, Nedunuru Village, Kandukur Mandal, Ranga Reddy District, Telangana.State. The State of Telangana Rep. by its public prosecutor, High Court Complex, High Court, ar Hyderabad And .. Pctitioners /Accused No. I & 2 ') 3 The Station I Iouse Officer, Shamshabad policc Station, Cyberabad, Ranga Reddy District. Kodavath Tejya, S/o Late Shakru, Aged about 60 years, Occupation: Shopkeepcr, Rro. H-No. 9-i2,Mckala Binda Thand^a, palmakul Villagc, Shamshabad Mandal, Ranga Reddy Disrrrct ....Respondcnts .Respondent No.3/De-facto Complainant JOINT MEMO May it please your lordship, l' It is submitted that the rcspondent No.3 herei, filed a complaint against petitioners belore Shamshabad porice Station, cybcrabad, Ranga Reddy District on 08-09-2024 and based on the said complaint the police havc registercd as the Crime (FIR) No. -s5l ol'2021. dated; 08-09-2024 thc oflence punishable under sections 464, 468, 47 I. 420 r/rv 34 IPC, against the accuscd.

2. It is submined thlt tl)c respondent no.3 herein in his cornplaint alleged that the 1't petitioner herein is nonc other than his brother who alleged to have.forged his signature on the documcnt i.c., agreement of sale, based on the said complaint the police have registercd thc abovc said complaint against the pctitioners herein and the same is hereunrler challenge. The Petitioners/Accused No. I & 2 and the 3'd Petitioner/De-facto Complainant herein are family memhels and that too thc -Petitioner No. I and 2 arc or.vn brothers. :

3. It is submitted that rlue to timcly intervention of elders and well-wishers ol both the parties hercin. havc scttled the dispute between them outside of the courl and decided to conrpromise thc matter taking into consid,:ration of their blood relation and brothers. Ihat the respondent no.3 herein came, firrward to withdraw the complaint lodged by him asainst the petitioners and to that affect, he has also executed an affidavit crprcssinq his willingness to not press thc complaint against the petitioners.

4. It is submit that Pc tit ioncrs/Accu sed No. I & 2 and the -i'd Petitioner','De-facto Complainant hercin arc having some firrnily issues. Due to the said family disputcs de-facto complainant has lodgcd plesent criminal complaint against petitioner/ac cused No.l and 2 to scttle other disputes show n.9. a treat of prcsent criminal complaint. [t is sr-rbmit that the dispute between thi: parties is settled outside the court antl to thut efttct, the parlies herein have e> ecuted affidltvits and Joint Memo. That considcring the above facts and circurstances this [-lon'blc court may bc pleased to quash thc Crime (FIR) No. 551 ol 2t)24, dated; 08-09- 2024the offencepunishablcundcrsections 464,468,4'71,42(t lrw34 IPC,pencling on the file of Shamshrrbad Police Station, Cybcrabad, Rang a Reddy District, irr vicw ol'conlpromisc bctween the parties, otherwise the petitioners will be put to serious loss and hardship which cannot be compensated in any manner" It rs therefbrc prayed that this Llon'ble court may be plcased to record the compronrise statement and to quash the Crime (FIR) No. 551 of 2024, dated; oil- 09-2024 the olTence punishable undcr sections 464,468, 471, 420 r/w 34 IPC, pending on the file of Shamshabad Police Station, Cybcrabad, Ranga Reddy District, in view of tl.rc compromise between the parties, in thc interest of justice ancl pass such other order or orders may deem fit and proper in the circumstances of the case. Hence, tliis Joint Menro. Hyderabud DATE: 0l -04-2025 $jD. Counsc I l'or'?etiti oners g Counscl lor Respondcnt Petitioner No I 9 Pctit N-',"fu ioner No 2 qqYr Rcspondent No.3

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