The High Court · 2025
Case Details
Acts & Sections
1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at HYderabad . Respondent 2 Manqilpally Masthan Babu, S/o. Manginipally @ Mangilpally Maisaiah, Aged abou-t 46 vears, Occ. Business, R/o. '10-5-632/4, Tukaramgate, Northlala[uda, Secunderabad, Hyderabad-5000 1 7, ...Respondent No.2/Defacto-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 of Crime.No.328 of 2022 ol P S. Bowenpally, Secunderabad, against the petitioner/Accused No.1, herein. l.A. NO: 2OF 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 stay all further proceedings against the petitioner/Accused No.1 in Crime.No.328 of 2022 of P.S. Bowenpally, Secunderabad, pending disposal of the main Crl. Petition. l.A. NO: 3 OF 2025 Between Mangilpally Masthan Babu, S/o. Manginipally @ Mangilpally Maisaiah, Aged about 46 years, Occ. Business, R/o. '10-5-632/4, Tukaramgate, Northlalaguda, Secunderabad, Hyderabad-5000'1 7, ...Petitioner/Respondent No.2-Defacto Complainant in lA.Nos.3 & 4 ol 2025 AND 1 Ragamoni Janardhan Reddy, S/o. Late Ragamoni Bal Reddy, Aged about 65 years, Occ. Business, R/o. H. No.2-2- 11811lBlA, Shivam Road, Nallakunta, Hyderabad. ...RespondenUPetitioner/Accused No.1in lA.Nos.3 & 4 ol 2025 2 The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad ... RespondenuRespondent in lA.Nos.3 & 4 of 2025 Petition 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 petitioners to file the compromise petition in Crime.No.328 ot 2022 of PS. Bowenpally, Secunderabad, for the offences. 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 in view compromise for quashing the proceedings against the respondenU Accused No.1 in Cr.No.328 of 2022 of PS. Bowenpally in view of the compromise entered between the petitioner and respondenVaccused No..1 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 Sri V.Rajender Rao Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No..1 , and of Sri Bhavaraju Sai Vikas, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER a1 THE HONOURABLE SRI JUSTICE N.TUKARAMJI I.A.Nos.3 AND 4 OF 2025 ln/And CRIMINA LPETITION No. 387 50F 2 025 coM MON 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 petitioner in Crime No 328 of 2022 ol Bowenpalli Police Station, Secunderabad'
2. The petitioner is arrayed.as accused No'1 in the Crime registered for the offences punishable under Section s 419' 420' 467 ' 468' 471 rcad with Section 34 of the lndian Penal Code' 1860'
3. Heard Mr-V.Rajender Rao' learned counsel for the petitioner' Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor' representing the respondent No 1-State and Mr'Bhavaraju Sai Vikas' learnedcounselfortherespondentNo.2/de-facfocomplainant.
4. Pending this petition' the parties have entered into the compromise and, accordingly, respondent No'2/de-facto 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 , Petitioneriaccused No.1 in Crime No.328 of 2022' 2 N7I./ L .Nol) and I o-f 202 i in/ anC Lrl.P.No. )87 t a/ 202;
5. This Court vide otdet dated 18.03.2025 referred the pa(ies 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 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 without coercion entered into settlemenUcom promise.
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 setflement between 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 Anil Mishra v. 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 the settlement by exercising jurisdiction under Section 482 Cr.P.Cl528 of BNSS,2023, would be in the interest of justice. | 2012 (10) scc 3os '? zo2+ trusc r89 3 zots 1s; scc oaa 3 .\11t, / I-tl.Nor. ) atdI of202i iti tnl Cr/.P.No. )8 7 i of 20?; B. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed. Consequenfly, all the proceedings in crime No.328 of 2022 of Bowenpalli potice station, secunderabad, are hereby quashed against the petitioner/accused No. 1. I ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed I i i I I SD/-M.OSMAN ALI BAIG ASSISTANT REGISTRAR /TTRUE COPY// SECTION OFFICER To,
1. The Xl Additional Chief Metropolitan Magistrate at Secunderabad' 2. The Station House Officer Bowenpalli, Police Station, Hyderabad' 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana al Hyderabad [OUT]
4. One CC to Sri V.Raiender Rao, Advocate [OPUC] 5. One CC to Sri Bhavaraju Sai Vikas, Advocate [OPUCI 6. Two CD CoPies NVB/PSI- I \ I HIGH COURT DATED:01 10412025 i- ( l.s f,i 'N,* 1N \ \ + v 7: + )J (( L_ -) o COMMON ORDER ' l.A.Nos.3 and 4 ot 2025 ln/And CRLP.No.3875 ot 2025 DISPOSING OF THE CRLP AND ALLOWING THE lA.Nos.3&4OF2025 ? {. /t' zg,/2,/<