The High Court · 2025

THESTATEoFTELANGANA,Rep.byitsPublicProsecutorHighCourtfor the State of Telangana. SMT. NEMANI PADMA, Wo. Ravi, Aged about 43 years' Occ' Finance' Fl/o il.i't;.ii;.i ,2, Piadamapuri Colonvl Kapra, ECIL, Hvderabad' ...RESPONDENTS Petition under Section 528 of BNSS praying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmaybe ;i;;A to QUASH the proceedings in S C' No' 594 ot 2024 on the file of Fast iru.f Sp".iuf Judge for'Expeditiois Trial and Disposal of Rape and POCSOAct cr.". lt Malkajgi;i, for the'#ences under section 354-D IPC and section 12 of Frotection Of Children From Sexual Offences AcI' 2012' I.A. NOt 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 pi"r."J t" STAY all further lroceedings purs.uant the proceedings in S'C' NO' 594 ;f ;o;i on the file ot rast fract< sp"Ji,i 'l'ogt for Expeditious Trial and DisPosal Rct Cas"s ,i Matkaigiri; for the offences under Section 354- ;i R;;";"J O ipdi"J Section 12 Of protection Of CfritAren From Sexual Offences Acl,2012' in"fuJing ,pp"arance of tf,e- petitioner, pending disposal of the main Criminal Petition in the interest of justice. 'OCSO I.A. NO: 2 OF 2025 BETWEEN: }YMM4ry|^P{DMA, W/o. Ravi, Aged about 43 years, Occ. Firrance, Fl/o. H.No.71 and 72 Pedamapuri Colony, Kapra, ECIL, Hyderabad. ...Petitioner/Respondents No.2 in lA.Nos .2 &3 ot 2O2S AND 1. THE srATE oF TELANGANA, Rep. by its pubric prosecutor High court for the State of T-elangana. ...RespondenUComplainant in lA.Nos.2 &3 ot 2025 2. Chebolu S_ai Tarun, S/o. Chebolu Mallikarjun Rao, Aged abour .lg years, Occ. Student, Rl/o.H.No. 1 -2-1 17, S/p Grama(antam, Ndar Vrif"r"OA!-CriEn", Yellareddyguda, Secunderabad. ...RespondenUPetitioner in IA.Nos.2 &3 of 2025 Petition underr Section 3s9(6) of BNSS praying that in the circumstances stated in the l/emorandum of Grounds of Criminal petition, the Hig.r Court may Oe pleased to PERMIT the petitioner/Respondent No.2 herein to coirpound *it'tl" RespondenuPetitioner/Accused who are petitioners in the above cRLp.No.3g73 of 2025 on the file of this Honble court which is filed to euash the pro"""oing. in s.c. No. 594 ot 20:24 on the file of Fast rrack special Judge foi e ipeoitiousiiial and Disposal of Rape and Section 12 of protection of bhildrerr' From Sexual Offences Act,2012. t.A. NO: 3 OF 2025 Petition under section 3s9(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar ietition, the High court miy oe pleased to RECoRD the compromise and euash the proceedingJi, s.c. No.t94 of 2024 on the file .f Fast^Track Speciar Judge for Expeditious iriert ano Disposat of Rape and PocSO Act cases at Markajgirilfor the offences underr section'354- D IPC and section 12 of protection of chldren From Sexuar'offenc:es act,z.oli. This Petition coming on for hearing, upon perusing the Mr,;morandum of Grounds of crimina petition and upon hearing the arguments of [iri RAVTNDER REDDY MUPPU, Advocate for the petitioner and the Additionar pubric prosecutor (TG/AP) on beharf of the Respondent No. and of sri p VENKATA RAMANA, Advocate for the Res;pondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI t.A. Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITI oN No. 3973 OF 2025 COMMON ORDER ThisCriminalPetitionisflledunderSection52SofBharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023') seeking quashmentoftheproceedingsinS.C'No.594of2024,onthefileofthe Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases at Malkajgiri, against the petitioner' l 'l t I I

2. The petitioner is sole accused in the Sessions case registered for the offences punishable under Sections 354(D) of the lndian Penal code, 1860 and Section 12 0f the Protection of children from sexual offences Act,2012 (for short'POCSO Act').

3. Heard tvlr.Muppu Ravinder Reddy, learned counsel for the petitioner, tt/r.Jithender Rao Veeramalla, |earned Additional Public Prosecutor, representing the respondent No 1-State and Mr'P'Venkata Ramana, learned counsel for the respondent No.2ide-facfo complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2ide-facfo complainant filed l A'Nos 2 and 3 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against t!9 petitioner/accused in S.C.No .594 of 2024. ) ) 2 NIRJ I-,1.\0.J otu ) of 2025 . ir/ and O: P.No.)9D o.f 2025

5. This Court vide otder dated 'l 9.03.2025 referred the parties to the High court Legal Services committee for identification ancl to verify the voluntariness in arriving the setflement. The secretary, High court Legal services comrnittee, has submitted report dated 24.o3.2o2sstating that the parties are identified by their respective counser i:lnd arso on verification of lradhar cards/ldentity cards and the enquiries reveal that the parties have wirrfur and without coercion entered into settlemenUcompromi se.

6. I have c,rnsidered the submissions of the rearned oounser and perused the materials on record.

7. The accusations against the petitioner in the porice Report rodged by the mother c,f the victim girr are that, the petitioner/accused harassed the victim girl by sending messages to her on the pretext of rove and forced her to send photos and videos of her and for sexual intercourse. Having considered the ailegations, the age of the petitioner/accused, the statement of the victim girr before the porice and the Magistrate concerned and raking into account the amicabre setflement rretween the parties, in the light of the dictums in Gian singh v. state of ,punjab and anotherl and Anir Mishra v. stafe of rJ.p.2; state of Madhya pradesh ' 2012 (10) scc 303 " .:, J ^rl1,r I.A.Nat.2 and. ) 0J2025 in/ a Cr/.P.N0.19D of 2025 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.C.l528 of BNSS, 2023, would be in the interest of justice.

8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all the proceedings in S.C.No.594 of 2024, pending on the file of the Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases at Malkajgiri, are hereby quashed against the petitioner/accused.

9. ln the abcve terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// Sd/- T. TIRUMA DEVI DEPUW RE STRAR SECTION OFFICER To,

1. The ll Additional Metropolitan magistrate at Malkajgiri 2. The station House Officer, Kushaiguda Police Station, Rachakonda 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One CC to SRI RAVINDER REDDY MUPPU, Advocate IOPUCI One CC to Sri P VENKATA RAMANA, Advocate [OPUCI 4 E 6 Two CD Copies Along with a coPY of Joint Memo of Compromise W"" ' 2024 INSC 189 3 2019 (s) scc 688 I HIGH COURT DATED:0210412025 COMMON ORDER t] .A.Nos.2 and 3 of 202i n CRLP.No.3973 of 2O2S -;tlE Si4 16 o 1. i3 0+ npn Zo?5 :t 's|Ar - (! J" z a A ALLOWING THE CRLP AND tA.NOs.2 & 3 OF 2O2S CI{ HIGH] COURT FOR THE STATE OF TELANGANA;' AT: HYDtrRABAD. BETWEEN: CRL. P. NO 31>, oF 2025 CHEBOLU SAI TARUN S/o. Chebolu Mallikarjun Rao, Aged about 19 years, Occ: Student, R/o.H.No. l-2-117 , S/P Grarnakantam, Near Mallareddy Gardens, Yellareddyguda, Secunderabad.

1. THE STATE OF TELANGANA Rep..'by its Public Prosecutoi Hlgh Court for the State of Telangana. AND

2. SMT. NEMANI PADMA W/o. Ravi, Aged about 43 years, Occ: Finance, -: R/o. H.No.71 & 72, Pradarnapuri Colony, Kapra, ECIL, Hyderabad. ...PgrITroNER/ ACCUSED ...RESPONDENTS JOINT MEMO FILED BY THE PETITIONER AND RF,SPONDENT NO.2

1. The Petitioner submit that the Respondent No.2 had lodged a complaint Dated. l2-O4.2O23 before the P.S Kushaiguda, Rachakonda, who in turn registered a crime with FIR No.442 of 2023 Dated l2-O4.2023 under Sections 354-D of IPC and Section 12 of POCSO Act, 2012, against the Petitioner for the alleged offenies. The Police after t}le completion of the investigation had hled charge sheet on the {ile of Fast Track special Judge For trxpeditious Trial And Disposal of Rape And Pocso Act cases At Malkajgiri for tre offences under section 354-D IPC & Section 12 0f Protection of children From Sexual Offences Act, 2012.

2. The Petitioner submit tJle complaint lodged by tJle Respondent No'2 is absolutely aI illusion, scripted without there being any offence occurred betrMeen t]-e alleged victim alld the Accused. The Respondent No.2 is the \614- 24 .y' \ - -3&*!&.:,t, .:t. The Petitioner sr rhr.ir +r._^. ., ",*, wl hout knowing the nlplaint l:refore the po]ice. mother of allcped Victim whn rp.i.r^^ :_ _ whereabouts ;, r.. ";";;T,::ffi:*,X1,il ::" 3- sratement orth. ux"s::b;:tr,:i:ff,j|T:T*"" orncer recorded the 'ad rad specificall.r mentioned that her mother i.e., Respondent No.2 had filed "": lllto a false complaint against the Petitioner hereir. *o.,",, i..-ll'' .,.,. "r.rn". berore the, oo 0,,,"""i ilo;,'hl}:11,1 District, at Malkajgiri, she admitted *", , o"rji ;T,ffil:: H::1_: "il:":, .-^"^], case,,.

4. The petitiorrer that the Investigation Officer withrut considering the Statement of the ali, any areged orrence ," ,;:::ff::lii:f"T:f sheet with,:ut tr,... u.i,g such the present ()harge sheet is iiable to o" o,rlaffo*e allt':ged victim, as 5. The .petitioner Bachelor of Degrer: ,roo*" difficulty to appear o.ro, the future of the petitiore ruture and career. that the petitioner *ot selected in the Indir it for the compretio;;;"" rer wourd be at stake, i::.jTff;::""TJ:: rs a student pursuing -his *",r, thus, he is facing

6. The petitioner that she was in depres",1l" tn:t the alieged victim had given h.er statement [:: ::: T::]: i.:i:i: :i:': ; ffi , ;;H:ff;;;: "x; *t Petitioner a,d gave compraint with vauge allegations without ,u". present compraint," ,,"0"1"'i3;r^#: -cident took place. rhus, the

7. The Pedtioner submir r h,r ,,.:.,- t.I.e Respondent No.2 ,ruo'" .---\ *a{__ *tt with interference agreed to withdraw ,n. ; 25 ot t'o"tt and wr:ll-wishers rllegatiorrs that zrre levelled \ t',y ag4inst the Petitioner herein as the same are false after knowing the facts from the Victim i.e., daughter of lespondent No'2' In such circumstances theRespondentNo.2iswithdrawingalltheallegationsthatarelevelledinthe Complaint Daled, 72.04.2O23 considering the career and future of both the Petitioners herein and the Victim'

8. The Petitioner submit that the content of -complaint lacks the ingredients of offences alleged, as such liable to be Quashed' g - The Petitioner submit tlat the Respondent No.2 had also lodged anotherwithFlRNo.442of2o2SinturntlreChargesheetisfiledwithSCNo. 594 of 2024 against th3 Petitioner herein' The Respondent No'2 had filed.the said complaiiit *ithout there being any incident of offence took place betw"e., the Petitioner and the allegedrVictim as such the same is liable to be QUASHED. The Petitioners submit ttrat viewed from arry angle, the co4plaint frled 10 against ttre Petitioners is not sustainable in iaw and is liable to be Quashed 1 1 . The Petitioners submit that the allegations made in the complaint does not make out prima facie offence and even taking into consideration of the face of the complaint, if the prima facie case is not made out against the Petitioners/Accused persons the Hon'ble Court can exercise the inherent powers under 528 OF BNSS to quash the complaint and criminal proceedings to prevent the abdse of probess of law' It is tlrerefore prayed that this Hon'ble Court may be pleased to Quash theproceedingsinS.C.No.5g4of2o24ontfrefrleofFastTrackSpecialJudge POCSO Act Cases for Expeditious Trial and Disposal cif Rape arrd IPC & Section 12 Malkajgiri, for the offences under Section 354-D ProtecLion Of Children From Sexual Offences Act' 2012 and pass such ottrer <*A- 26 / -x.,.*. order or orders as this Honlble Court r12y.deem ht anj proper in the clrcumstances cf the Casc. Hence the Joint Memo. PLACE: HYDERIiBAD DATE: 18.03.2025 t!- COUNSEL FOR I?ETITIONER \ PETITIONER CoUNSEL Fg5..oo*DENT No. 2 \ RES NDbt{T NO. 2 27