✦ High Court of India · 04 Apr 2025

The High Court · 2025

Case Details High Court of India · 04 Apr 2025
Court
High Court of India
Decided
04 Apr 2025
Length
2,134 words

Petition under Section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar'pe'tition, the High court;;y a" pleased to grant stay of all further proceedings including ,pp'""run"" oi'th" petitioners/Accused No.1 and 4 in s.c.No..184 oriozz on thL file'of tre eaoitional Judicial First class Magistrate at Sircila, pending disposar of the above criminar petition. LA. NO:3 oF 202s b) I Yasaraveni Manisha @ Nithya, Wo-Jeevan, Aged about 25 years, Occ. Housewife, R/o.Bandalingampalle, Yellareddypet Mandal, Presently at Garjanapally Village, Veernapally (M) Rajanna Sircilla District, T.S. ...Petitioner/Respondent No.2 in l.A.Nos.3 & 4 ot 2025 AND 1 Yasaraveni Service R/o Sircilla Dist @ Yasareni Jeevan, S/o Lingaiah, Aged about 28 years, Occ. .H.No.5-9/1, Bandalingampalle Yellareddypet [Mandal, Rajanna

2. Velmula Surender Reddy, S/o.Raji Reddy, Aged about 51 years, Occ. Agriculture, Fl/o,H.No.5-76, Namapur village, Musthabad Rajanna SircillaDistrict.T.S. ...Petitioners/Accused No.1 and 4 in l.A.Nos.3 & 4 oi 2025

3. The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, through S.H.O. P.S. Veernapally. ...Respondents/Respondent No.1/Respondent No.1 in l.A.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 High Court may be pleased to accord permission to compromise the above case in S.C.No.184 of 2022 on the file of the Additional Judicial First Class Magistrate at Sircilla, in the interest of justice. I.A. NO: 4 OF 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 S.C.No.'t 84 of 2022 on the file of the Additional Judicial First Class Magistrate at Sircilla, 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 on behalf of the Respondent No. and of Sri Nimmaraboina Naveen, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER I I THE HONOURABLE SRI JUSTICE N.TUKARAMJI I.A.Nos.3 AND 4 OF 2025 ln/And CRTMINAL pETtTtON No.4154 OF 2025 COMMON ORDER This Criminal petition is filed under Section 528 of Bhara.tiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023,), seeking quashment of the proceedings against the petitioners in S.C.No.1g4 of 2022, on the file of the learned Senior Civil Judge, Sircilla. 2' The petitioners are arrayed as accused Nos.1 and 4 in the Sessions case registered for the offences punishabre under Sections 498-4, 307, 504, 506, 354 of the lndian penal Code, i860 and Section 4 of the Dowry Prohibition Act. 1961. 3' Heard Ms.Meghana Addra Suneer, rearned counser for the petitioners' Mr.Jithender Rao Veeramaila, rearned Additionar pubric Prosecutor, representing the respondent No.1-state and lVlr.Nimmaraboina Naveen, learned counsel for the respondent No.2/ de-facto complainant. 4 Pending this petition, the parties have entered into the compromise and, accordingry, the respondent No.2tde-facto complainant mov@/ l.A.Nos.3 and 4 of 2O2S wilh the prayer to permit them to enter into compromise and by recording the setUement to quash the proceedings . against the petitioners/accused Nos.1 and 4 in S.C.No.1B 4 of 2022. 2 Nr&/ I,A.NalJ ard4 of 202i A/ard r-.lr/. P.No.4 I 5 4 oJ 202 5

5. This Court vtde order dated 21.03.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the l voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 28.03.2025 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 seftlemenUcompromise.

6. I have considered the submissions of the learned counsel and perused the materials on record

7. Having considered the allegations against the petitionersiaccused Nos."l and 4, 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 Puniab and anothe/ and Anit Mishra v. State of lJ.P.2; Sfate 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 ' 2o1z (1o) scc 303 2 2024 INSC 189 3 zo19 (5) scc 688 I 3 M&/ IANosJ and 4 of 2025 it/ and CrLP.No.4l54 of 2O25 under section 482 cr.P.c.ls28 of BNSS, 2023, would be in the interest of justice.

8. Accordingly, l.A.Nos.3 and 4 of 2O2S are allowed. Consequenfly, all proceedings in s.c.No.184 of 2022, on the file of the learned senior civil Judge, sircilla, are hereby quashed against the petitioners/accused Nos.'l and 4. o ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. Sd/. MOHD. ISMAIL DEPUry REGISTRAR //TRUE COPY// SECTI /tu" FFICER \ To, 1 2 J 4 6 7 The Additional Judicial First Class lrlagistrate at Sircilla The station House Officer, Veernapally police Station, Rajanna Sircilla Two ccs to the Pubric Prosecutor, High court for the state of rerangana at Hyderabad (OUT) The secretary High court Legar services committee, High court for the State of Telangana at Hyderabad lne !C to Ms. Meghana Addla Suneel, Advocate [OpUC] One CC to Sri Nimmaraboina Naveen, Advocate tOpUCl Two CD Copies ADK/SWT Along with a copy of Joint Memo of Compromise I HIGH COURT DATED: 0410412025 / *s \\ CA t\. ( 4? {i' II; \?. \ ''; COMMON ORDER ?c scrt'' l.A.Nos.3 and 4 of 2025 In/and CRLP.No.4154 of 2025 DISPOSING OF THE CRLP AND ALLOWING THE I.A.Nos.3 and 4 of 2025 0 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I ,: , Crl.P.No. of 2025 Against S.C.No.1B4 of 2022 , , (On the file of the Hon'ble Additional Judicial First Class Magistrate At Sircilla) Between: 1: ' Yaisaraveni @Yasaren Aged about 28 Years, R/o.H.No.5-9l1, Band YellareddyPet Mandal i Jeevan S/o.Lingaiah Occ : Service alinqampalle , Rajanna SirciilaDist -,)

1. 2 Velmula Surender Reddy S/o.Raji Reddy Aged about 51 years, Occ: Agriculture R/o.H.No.5-76,Namapur village, Musthabad Rajanna SircillaDistrict.T.S. AND The State of Telangana, Rep. bY its P-ijblic Prosecutor, High Court of ludicature At Hyderabad, through S.H.O. P.E: Veernapally. ... Petitioners/Accused No.1 and 4 Ya3araveniManisha @ Nithya, Wo.leevan Aried about 25 years, Occ: Housewife R/o.Bandalingampalle, Yellareddypet Mandal, Pie3ently at Gadanapally Village, Veernapally (M) Rajanna Sircilla District, T.S. \./ ...Respondents/Defacto Complainant JOINT MEMO FILE D BY THE PE o NERS AND RESPONDENT NO.2

1. It.is submitted that the Petitioner/Respondent No.2 have given a complaint to the policb that on 14.04.2019 at 1200 hrs the complainant made a complaint, in l which she states that her marriage was performed with 41 on 17.08.2018 at the house of.parents of iomplainant at Garjanapally Village. At the time of marriage her I \ I v v€ La}^!\. .-:-i ,) .rtll,'..: frlanisha Y ,i G donated net cash of Rs.1,35,000/-, 8% Tulas gold and other household n articles worth Rs.70,000i- as per the demand of 41 to A3. After marriage the ..i complainant and A1 lived together happily for a period of 15 days and their marriage wbs'cohsummated. After the A1 stafted suspecting the character of the complainant ,, '" by attributing lllegal contacts with others as well as A3 when the complainant talks : i' .. witn iitfrer persons as well as when she went to outside. With the said allegation of 41 shown her hell and not allowed to go outside and not altowed to talk with anvbbAf, The 41 used to participate sexually-forcibly on the complainant and used to bebf With hands and legs. The complainant has not informed the harassment and tortdiE's of A1 to her parents as they would suffer mentally and informed to A2, but ihtj has supported the A1. The family friend of A1 by name Surender Reddy, Rlo.Nbmapur tried to outrage the modesty of complainant, on which the complainant rbsistbd him and abused him. He kept the said incident In his mind, instigated the A1 torpicK up quarrels with her. On his instigation the A1 used to harass and torture her physieally and mentally and on the instigation of 42 & A3, the A1 used to harass ;iiid tbiture her to bring additional dowry of Rs.1.00 Lakh. On 13.01.2019 when the A1'and complainant were in the bed roon'l,.the A1 started abusing her, then she asked him how many days he would tofture and harass her. On which the 41 got angry agdinst her and tried to kill her by pressing her face with pillow, but she reslstrid him. then the A1 by catching the head of the complaihant in his hands, piJihed her head to the window rods by saying that she is not useful for anything. Furthe'i, the A1 get rid on her, beat on her secret places (Virginal part) with his fist, dub t6'which she received internal virginal bleeding injuries. When the complainant wai dn;ble to move from the house, informed to her parents. On 17.01.2019 her I I It, ( Y J"""-^ ,IA 7Z:.-- V y" rnqfl"Bu-' * /^ nd sister-in-law admitted in Vani Nursing Home, Sircilla and on 19.01.2019 lainant along with LW,s 2 to 4 went to the house of A1. Then the A1 at the on of the 42 and 43 demanded. the complainant to bring additional dowry nt of Rs.2.00 Lakhs from her parents, then only he would allow the complainant into, his society, but the complainant expressed. her inability to bring the same, then the 41 beat the comprainant indiscriminatery. and the A1 to A3 threatened with dire conggquences 'that they wifl come again to. their house and they wiil kiil the complainant and her family members and the 41 drove the complainant from his housb' The said incident was witnessed by LWs 2 to 4 and took the comprainant to her parent's house. Finally, the complainant prayed the Hon,ble Court to refer the complaint to the SHO, pS Veernapally to . punish the accused as per law .after due dnquiry'in the intereqt of ijustide. Basing on which the police conducted the investigation and filed the charge sheet on-14.07.2021 UlSec.498-A, 307,504, 506, 354 IPC and Sec.4 of D.p. Act. The Learned Judge taken the cognizance and numbered the case as s.C.No.184 of '2o22.,.on the fire of the Hon,bre Additionar Judicial First Class Magistrate at Sircilla. l I l i I I i l l

2. I submit that during the pendency of the said case at the intervention of the eiders and well-wishers the matter has been amicabry setued and to that effect the dbfacto complainant has decided to withdraw the same by filing a joint memo. +cv l\. ) V t-, l I /. fltarrKt^a,-' : ., Therefore, it is prayed that this Hon,ble court may be pleased to record the QompromrSe and quash the proceedings in s.c.No. 184 0f 2022, on the fire of the Hon',bre Additionar rudiciar First crass Magistrate at sircira, in the interest of justice. I t-\. I ,l , , Petitioner No.1 Y J""** P-etitibner No.2 i r : V,e-/-s :/ -- tlr'+ \ _-).. ( l COUNSEL FOR THE PETITIONERS CO Respondent No.2 ..\ /'frtq'risr'o' t .rdr^/ uruselroRrnr'RESpofro ENT No.2 I r' I

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