✦ High Court of India · 29 Apr 2025

The High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Length
1,702 words

Cited in this judgment

2. Smt.Haripriya @ Madhavi, Wo Deeqt,.Aged about 33 years'.Occ' - florse*ite,'Rl/o-Pochamma Temple' RR Nagar, Balanagar' Hyderabad' 2nd Respondent is amended as per court order dated 15/04/2025 vide l.A.No.5 ot 2025 made in Crlp.No.3789 of 2025- ...RespondenUDe-facto Complainant /Wife of the A '1 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 the petitioners/Accused No.1 to 3 in b.C.tto.OSZ+ ol 2OZ2 on the file of ll Additiional Junior Civil Judge cum-Xlll Additional Judicial Magistrate Medchal- Malkajgiri District at Kukatpally. I I l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition; the High Court may be pleased to grant stay of all further proceedings including appearance of the petitioners/Accused No.1 to 3 in C.C.No.6524 ot 2022 on the file of ll Additionat Junior civil Judge cum - Xlll Adpitional Judicial Magistrate tritedchal-fi/ alkajg iri District at Kukatpally penfling disposal of the above Criminal petition. l.A. NO: 3 OF 2025 BETWEEN: SmtHaripriya @ Madhavi, W/o. Deepak, Aged about 33 years, Occ. Housewife, R/o.Pochamma Temple, RR Nagar, Balanagar, Hyderabid. ...Petitioner/Respondent No.2 in lA.Nos.3 & 4 ot 2025 AND

1. Gundla Deepak, S/o.Narsimlu, Aged about 40 years, Occ. Eusiness, R/o.H.No. 24-348, RR Nagar, Balanagar

2. Gundla Narsimlu, S/o.Yadagiri late, Aged abou 70 years, Occ. Household, R/o.H.No.24-348, RR Nagar, Balanagar 3 4 Gundla Narsimlu, S/o.Yadagiri late, Aged abou 70 years, Occ. Household, R/o. H.No.24-348, RR Nagar, Balanagar ...Respondents/Petitioners in lA.Nos.3 & 4 ot 2025 The State of Telangana, Rep by Public Prosecutor, Hiqh Cc,urt for the State of Telangana At Hyderabad, through Station House Officlr, Balanagar police Station. ...Respondents/Respondent No.1 in lA.Nos.3 & 4 ot 2025 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the l-ligh Court may be qleased to accord permission to compromise the pending proceedingi in c.c.No.6524 of 2022 on the file of ll Additional Junior civit Judge cum xill Additional Judicial Magistrate, Medchal Malkajgiri District at Kukat[aily, in the interest 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 and quash the proceedings in C.C.No.6524 of 2022 on the file of ll Additional Junior Civil Judge cum-Xlll Additional Judicial Magistrate Medchal- Malkajgiri District at Kukatpally in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of MS. Meghana Addla Suneel, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 and of Sri Y Prashant, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER I I i I I THE HONOURABLE SRI JUSTICE N'TUKAFIAMJI l.A.Nos. 3AN D4 OF 2025 ln/And toN No. 3789 oF 202 5 CRIMINAL PETIT 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 ir C C No 6524 of 2022 on the file of the learned ll Additional Junior Civ I Judge-cum-Xlll Adclitionar Judiciar ti/agistrate of First crass, Medchal-ttlalkajgiri District at Kukatpally The petitioners are arrayed as accused Nos l to l] in the Calendar 2 Case registered for the offences punishable under Secttons 498-4 of the lndian Penal Code. 1860 and Sections 3 and 4 of the t)owry Prohibition Act. '1 961

3. Heard l\Is.li/eghana Addla Suneel' learned counsel for the petitioners, Mr.Jithender Rao Veeramalla' learned ltdditional Public Prosecutor, representing the respondent No 1-State an'l lt/lr'Y Prashant' learned counsel for the respondent No 2/de-facfo complainant'

4. Pending this petition, the parties have entered intc the compromise and, accordingly, they moved l.A Nos 3 and 4 o'f 2025 v'rith the prayer to\ " permit them to enter into compromise and by recording the settlement to 1 E-- 2 \7R./ / 'l.Na,: I ,tnl I ol 20?i ir/nl (. t l. lr.,\ a. )l ll I 01 202 i quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C No.6524 of 2022

5. This Court vide order dated '1 5.04.2025 referred the parties to the High Cou( 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 22.04.2025 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 s ettle m en t/co m pro 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 parties and to restore peace among them, in the light of the dictums in Gian Singh v. Sfate of Punjab and anotherl and Anil Mishra y. Stafe of lJ.p.2; 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

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