High Court · 2025

upally Srisailam, Aged about 64 years, lock, Ashoka Towers, Vinayak Nagar, Father in Law

4. Cheruvupally Srijitha, D/o. Cheruvupall Srisailam, Aged about 25 years, Occ ck, Ashoka Towers, Vinayak Nagar, Private Job, R/o. Flat No.407lB- Bl Basava Gardens, Nizamabad Sister in law AND ...PETITIONER/Al TO 4 lic Prosecutor, High Court for the 1 . The State of Telangana, Rep. by its P State of Telangana at Hyderabad, Thr ugh P.S. Narsingi, Cyberabad.

2. Kamatham Swapna Priya, Wo. Cheru years, Occ. Housewife, R/o. Flat No.D Puppalaguda, Manikonda, Telangana upally Rahul Raaj, Aged about 32 201, BRC, Sri Hemadurga Siva Hills, 500 089 ...RESPONDENTS Petition under Section 528 of BNS stated in the Memorandum of Grounds of be pleased to quash the proceedings agai CC.No2197 ol 2024 on the file of the Xl Cyberabad at Rajendranagar. , praying that in the circumstances riminal Petition, the High Court may st petitioners/ accused nos. 1 to 4 in I Additional Metropolitan Magistrate, l.A. NO: 2OF 2025 Petition under Section 528 of BNS stated in the Memorandum of Grounds of be pleased stay all further proceeding , praying that in the circumstances riminal Petition, the High Court may including the appearance of the ;*:-7 petitioners/ accused nos.1 to 4 in CC-No2197 ot 2024 on the file of the Xlll Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, pendtng disposal of the above criminal petition. l.A. NO: 3 OF 2025 Between: Kamatham Swapna Priya, Wo. Cheruvupally Rahul Raaj, Aged about 32 Yea(s, Occ. Housewife, R/o. Flat No.D-1201, BRC, Sri Hemadurga Siva Hills, Puppalaguda, Manikonda, Telangana - 500 089. ...PETITIONER/2NO RESPONDENT/DE-FACTO COMPLAIANT AND

1. Cheruvupally Rahul Raaj, S/o. Cheruvupally Hari Prasad, Aged 33 years, Occ. Pvt. Employee, R/ o. Flat No.407lB- Block, Ashoka Towers, Vinayak Nagar, Basava Gardens, Nizamabad. Husband

2. Yemula Suvarna, Wo. Cheruvupally Hari Prasad Aged . about 59 years, Occ. Govt. Teacher, Fl/o. Flat No.407lB- Block, Ashoka Towers, Vinayak Nagar, Basava Gardens. Nizamabad. Mother in Law

3. Cheruvupally Han Prasad, S/o. Cheruvupally Srisailam, Aged about 64 years, Occ. Advocate, R/o. Flat No.407lB- Block, Ashoka Towers, Vinayak Nagar, Basava Gardens, Nizamabad. Father in Law

4. Cheruvupally Srijitha, D/o. Cheruvupally Srisailam, Aged about 25 years, Occ. Private Job, R/o. Flat No.407lB- Block, Ashoka Towers, Vinaydk Nagar, Basava Gardens, Nizamabad Sister in law ...PETITIONER/A1 TO 4

5. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad, Through P.S. Narsingi. Cyberabad. ...RESPONDENT/1 ST RESPONDENT 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 2nd respondenUde-facto complainant to compound the offences in CC.No2197 of 2024 on the file of the Xlll Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, registered U/Sec.498-A lPC, 3, 4 DPA by recording the compromise, in the interests of justice. l.A. NO: 4 OF 2025 Petition under Section 359(2) of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise by quashing the proceedings against the petitioners/accused nos-1 to 4 in CC No. 2197 of 2024 on the file of the XIll Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, registered U/Sec.498-A lPC, 3,4 DPA in the interests of justice. This Petition coming on for hearing, Grounds of Criminal Petition and upon Mallareddygari Harthika, Advocate for the Veeramalla, learned Additional Public Pros No.1, and of Mr. Nageahwar Rao and Ms. counsel for Respondent No.2/de-facto compl pon perusing the Memorandum of hearing the arguments of Ms. Petitioner and Mr. Jithender Rao cutor on behalf of the Respondent Sandhya Rani, Advocate learned The Court made the following: ORDER .Ep- a ,; ..:!i- ,. / ' THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos .3 AND 4 0F 2025 ln/And CRIMINAL PETI TION No. 3980 OF 2025 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 C C No 2'1 97 of 2024, on the file of the learned Xlll Additional Metropolitan Nilagistrate, Cyberabad at Rajendranagar.

2. The petitioners are arrayed as accused Nos.1 to 4 in the Calendar case registered for the offences punishable under section 498-4 of the lndian Penal code, 1860 and sections 3 and 4 of the Dowry Prohibition A.ct, 1961 .

3. Heard Ms.Mallareddygari Harthika, learned counsei for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Proseculor representing the respondent No.1-State and [Vlr'Nageshwar Rao Pujari and Ms.R.Sandhya Rani, learned counsel for respondent No 2l de-facto complainant. 4 Pending this petition, the parties have entered into the compromise and, accordingly, they moved LA.Nos.3 and 4 of 2025 with the prayer to 1 \ permit them to enter into compromise and by recording the settlement to 2 N7t{,/ l. .1.Not.) ud .l ol 2025 ia/ ud (.r1.1'.\0. lrtt) ol 202 i quash the proceedings against the etitioners/accused Nos.1 to 4 in C C.No.2'197 of 2024

5. This Court vide order dated 19

3.2025 refened the parties to the High Court Legal Services Commrttee for identification and to verify the voluntariness in arriving the settlement The Secretary, High Court Legal Services Committee, has submitted re ort dated 25.03.2025 stating that except petitioner No.4, all the pa(ies ere identified by their respective counsel and also on verification of Aa har Cards/ldentity Cards and the enquiries revealed that the parties h ve willfully and without coercion entered into seltlemenUcompromise

6. lhave considered the submiss ons of the learned counsel and perused the materials on record

7. Having considered the allegation , the charged offences, which are essentially matrimonial and inter-pe onal in nature and taking into account the amicable settlement be een the parties and to restore peace among them, in the light of the ictums in Gian Singh v. State of Punjab and anotherl and Anil Mi hra v. State of lJ.P.2; State of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment of th impugned proceedings in view of ' 2012 (10) SCC 303 'Z zo24 INSC t89 I zots 1s1 scc oea / 3 \7]i.J /. l. \'r.. i ,tnl .+ ti :o:; t f d ( 1.1>.\t. i9tt) rtl 202 t the setflement by exercising jurisdiction under section 482 Cr.P C.1528 of BNSS, 2023, would be in the interest of justice

8. Accordingly, I.A.Nos.3 and 4 of 2025 are allowed Consequently, all proceedings in c.c.No.2197 of 2024, pending on the file of the learned Xlll Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, are hereby quashed against the petitioners/accused Nos.1 to 4'

9. ln the above terms, the Criminal Petition is disposed of Pendrng miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. MOHD. ISMAIL DEPUW REGISTRAR secrr6iYlrrrcen To

1. The Xlll Additional Metropolitan Magistrate, Cyberabad at Rajendranagar. 2. The Station House Officei-, Narsingi police Station, Cyberabad District. 3. One CC to [t/s. Maltareddygari Harthika , Advocate IOPUCI 4. One CC to Mr. Nageahwar Rao and Ms. R. Sandhya Rani, Advocate loPUCl

5. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies (Along with a Copy of Joint Memo of Compromise) S wt/gh HIGH COURT DATED: 0210512025 COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/And CRLP.No.3980 ot 2025 G.J ( l rrE Sra 14: o 1 .:: o o. ,'/l 13 tu8 2U5 r a ,l \) '/ / \' / 1,4 I I /x t l.A.Nos.3 and 4 of 2O25 ARE DISPOSED OF THE CRIMINAL PETITION IS DISPOSED OF MOU AND JOINT MEMO FILED NOS.I to 4 AND THE 2ND THE PETITION ERS ACCUSED NDENT DE-FACTO NA"IYT ners/accused nos. 1 to 4 1. It is submitted that the petition seeking to quash the herein had frled the above proceedings in CC.No2197 of 2024 on the file of ttre XIII Additional at Rajendranagar, registered Metropolital Magistrate, CYbera the petitioners are hgured as U/Sec.498-A IPC, 3,4 DPA wher accused nos.1 to 4. It is humbly submittecl the 2"a Respondent/de-facto 2 complainant and the Petitioners/ ccused nos.1 to 4 have settled the disputes amicablY the Petitio ers/accused nos.1 to 4 and the settle the present disPute in Respondent No.2 have agreed e XIII Additional MetroPolitan CC.No2197 of 2024 on the fi1e of Magistrate, CYberabad at Ra.ien IPC, 3,4 DPA before the Hon'ble hled the present petition the compromise. The contenis petition are true and correct to belief. Hence, theY are filing the P agar, registered U/ Sec.498-A gh Court. As such, theY have Hon'ble High Court to record tioned in the said compromise e best of their knowledge and sent joint Memo. "."d-i.tg It is therefore PraYed that s Hon'ble Court may be Pleased to permit the petitioners/ accused nos. 1 to 4 herein to comPound the offences with the 2'd Re pondent/ De-facto CornPlainant y allowing the Crimina,l Petition herein by recording comProtnise petitioners/ accused nos.1 to 4 of 2025 frled bY ttre No the h1e of the XIII Additional against CC.No2197 of 2024 ort at Raj endranagar, registered a Metropolitar Magistrate, CYber s such other order or orders as U/Sec.498-A IPC, 3,4 DPA and P d proper in the circumstances this Hon'ble Court maY deern fit of the case. k\+Petitioner No. I \ ' S "lts""'"'a' Petitioner No.2 It Peti ner No.3 self,rr!t- Petitioner No.4 Hyderabad, Dt.t7 -B-2o2s COUNSEL FOR THE PRIITIONERS fi-*$.r ut* 2"iRespondent/ De-facto Complainant Hyderabad, Dt.17 -o3-2o2s COUNSEL TH RESPONDNET No.2 I I I I l I I l I ;] :i