The High Court · 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 in F.l.R. in Crime No. 67 of 2025 on the file of Neredmet Police Station Rachakonda including appearancc of the petitioner / Accused, pending disposal of the above criminal petition. l.A. NO: 3 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 petitioner to file the quash petition by cornpounding the Ff,'* :s. non-compoundable offences against Charge Sheet in F-|.R. in Crime No. 67 of 2025 on the file of Neredmet Police Station Rachakonda. l.A. NO: 4OF 2025 , Petition under Section 359 (2) of B.N..S.S 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 by way of compounding the offences against the petitioner in F.l.R. in Crime No. 67 of 2025 on the file of Neredmet Police Station Rachakonda. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K.Ravikanth and Ms N.S.Chaitanya, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and Sri Mohd Azhar, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER ' '' ' -'-:.4, '1;a: -;-"' THE HONOURABLE SRI JUSTICE N'TUKARAMJI I.A.N os.3 40F 2 o25 AND ln/And ION N CRIMI NAL P ETIT o.43 210F 2025 COMMoNO RDER 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'67 of 2O25 otNeredmet Police Station' Rachakonda Commissionerate' 2. The petitioner is sole accused in the Crime registered for the offences punishabre under section g2(1) of Bharatiya Nyaya Sanhita' 2023 (for short'BNS' 2023') 3. Heard Mr'K'Ravikanth and trtls'N S Chaitanya' learned counsel for the petitioner, Mr'Jithender Rao Veeramalla' learned Additional Public Prosecutor, representing the respondent No 1-State and Mr'Mohd' Azhar' learned counsel for responden INo 2ldeJacto complainant'

4. Pending this petition' the parties have entered into the compromise and, accordingly, they moved l A Nos 3 and 4 cf 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioneriaccused in Crime No'67 of .2025 ; I I I I I 2 ,\TRJ I-'1\'ot.) ard I 01 202i u/and (.ri. P. \' o.1 )2 I ol ?02 5

5. Learned Additional Public Prosecutor would submit that after completion of investigation, the Police concerned have filed charge-sheet before the learned I Additional Judicial First Class Magistrate, Medchal, and the same is numbered as C.C.No.41 1 of 2025.

6. This Court vide order dated 26.03.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the seftlement. The Secretary, High Court Legal Services Committee, has submitted report dated 0204.2OZS stating that the pa(ies 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 settlemenUcompromise. 7 | have considered the submissions of the learned ccunsel anC perused the materials on record. B Having considered the allegations, the charged offence. which is 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 Anit Mishra v. State of u.p.2; Sfafe of | 2012 (10) SCC 303 I 2oz4 INSC 189 :-'l*_- 3 N'rRr/

1. l-\o.r.J tnrtl ol 1025 in/anri Ll.P.,\0.1)21 al 2025 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.C.1528 of BNSS, 2023, would be in the interest of justice

9. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed. Consequently, al{ proceedings in C.C.NI.411 of 2025, on the file of the learned I Additional Judicial First Class Magistrate, Medchal, are hereby quashed against the petitioner/accused. 10 ln the above terms, the Criminal Petition is disposed of- Pending miscellaneous applications, if any, shall stand closed' /ffRUE COPYI/ SO'- A.V.S. PRASAD PUTY REGISTRAR ECTION OFFICER To, Class Medchal-Malkajgiri District at Kushatgudjt

1. The I Additional Junior civil Judge-cum-l Additional Judicial Magistrate of First 2. iil6i;id;'Htrse ofti.er, Neredment Police qtation' Rachakonda. 5. i;; cE; k; in" FroriC piosecutor, High court for the State of Telangana at a Ohe CC to 'Sri K.Ravikanth,Advocate [OPUC] S. One CC to Sri Mohd Azhar, Advocate IOPUC] 6. Two CD CoPies Hvderabad IOUTI NVB/gh Along with a copy of Joint Memo of Compromise HIGH COURT DATED:0910412025 ( 20rtjri M S!',,.,] - t :(t *, ,., -,.;,- ! ,/ COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/and CRLP.No.4321 ot 2025 DISPOSING OF THE CRLP AND ALLOWING THE lA.Nos.3&4OF2025 {.- IN THE IIIGT{ COTJRT FOR TI-IT STATE OF'TELANGANA ATITYDERAB{) Crl.P. No. Qr":1 of2025 'Between:- ALAPATI SANTOSII KIJMAR, B.L. MANASA, ...Petitioner/Accused. ...Respondent/Defacto Complainant. AND . JOINT COMPROMISE MEMO It is submitted that ttre marriage between the petitioner and 2nd I ) respondent was solemnized on 17.03t.2017 at Arya Samaj, Sultanbazar, Hyderabad., in the presence of friends, and other well-wishers. After the marriage both the wife and husband lead t-treir matrimonial life at H. No. 30- 65 | / I / I 0, Chandragiri Colony, Safi lgud4 Neredmet, Medchal-Matkaj giri District. 2) It is submitted that the 2nd responcient has filed Criminal case against the petitioner and his family members vide Crime No: 37 of 2024, p.S. Neredmet for the Offences U/s. 417, 420 406 49ll(a),506 of IPC and Sec. 3 and 4 ol I)owry Prohibition Act, Sec. 3(2) (va) SC ST (POA) Amendmenr Act, 2015 and after filing charge sheet same was numbered as S.C. No.407 of 2024 before the [Jon'ble SC & ST Special Court, at LB Nagar and the same is pending. 3) It is submitted that tlre 2od respondent have also hled another criminal case against the petitioner herein vide., Crime No. 67 of 2025, p.S. Neeredmet lor the Offences U/s., 173 and 176 of BITISS and the same is pending. 4) It is submitted that both parties u,ith intervention of elders of both sides havc settled the disputes, differences and misunderstandings by way of amicable settlements and the both the parties hereby decided to live separately i' x^ by obtaining mutual divorce, the. second party agreed to withdraw the above mentioned criminal case against the First party and his family members. Both the parties to avoid funrre disturbances have entered into the MOU with the terms and conditions. 5) It is humbty submitted that the registration of the above said qrime is only due to difference and misunderstandings between the petitioners and 2nd respondent and the said differences were sorted out on the advice of the elders and accordingly the 2nd respondent decided to withdraw all the allegations leveled against the petitioners / accused and separated and filed the divorce petition by mutual consent. 6) It is further submitted that the both I't petitioner and 2nd respondent have agreed and decided to separation the marital relation. Therefore the continuation of the criminal case will not serve afly purpose and therefore the petitioncr and 2nd respondent have entered into an Memorandum of Understanding Dt. I 1-3 -2025. 7) The 2nd respondent hereby agreed to withdraw the above mentioned criminal cases r,'ide. S.C. No. 407 of 2024 pending before the Hon'ble SC & ST Special Court. at LB Nagar as against petitioner and his family members before court ol larv and also vide Crime No. 67 of 2025 by filing Quash Petition before the Hon'ble I{igh Court. It is submitted that the petitioner hereby agreed to pay an amount of Rs, 8) 8,00,000/- (Rupees Eight Lakhs only) and also agreed to give land admeasuring Ac. l-00 Gts., in S). No. 769 on the Southem part sihrated at Navipet Village and Mandat, Nizanrabad District, Telangana towards p€rmanent alimony and lull and final settlemcnt to the 2nd respondent. The 2od respondent agreed for the same- 4- arFfFET i::-. .... -r .' , ,t 9) It is submitted that the potitioner..is: the actiral owner of Agricultural Land admeasuring Ac. l-35 gts., in by, No.769, situated aL Navipet Village and Mandal, Nizamabad District, Telangana., -vide . Patta pass Book No. TI I 170230541, Katha No. 1008. Out of which the petitioner hereby agreed to execute Regd. Sale Deed in favour of tlre 2'd respondent to an extent of land admeasuring Ac. 1-00 gls., out of Ai.-1-35 gts., on southem part. The petitioner has also agreed to provide pathway frEm' adjacent Agriculture fields of his family members. ,'' ;'' 10) It is submitted that both the pa{ties hereby agreed t}rat the petitioner shatt pay an amount of Rs. 4,00,000/- @upees Four Lakhs Only) at the time of filing Mutual Divorce and Quash Petition in respect of quastring above criminal cases i.e., S.C. \o. 407 of 20i4'afdriiime,No. 67 of 2025. Both Mutual Divorce and Quash Petition shatl' bd lfiled on the same day. The Balance amount of Rs. 4,00,000/-'shall bo pAO at'ihe time of obtaining Mutual Divorce. The 2nd respondent heteby agreed for the same. I 1) The petitioner shall execute Regd. Sale Deed in favour of 2nd respondent befoie obtaining the Mutual Divorce in fespect of the above mentioned. 12) The 2nd respondent after obtaining the Regd. Sale Deed in respect ofthe above mentioned property shall cooperate with the petitioner and shall appear belore the concem Family Couqt and give her consent for Mutual Divorce. Failing which the petitioner shall be at liberty to cancel the above Regd. Sale Deed. However the petitioner or his Ctitrsel shall intimate the date of hearing ol lvfutual Divorce two days prior to' the 2nd respondent through writing, WhatsApp rnessage with due acknowltldgment. The 2nd respondent hereby agrced lor the same. 13) It is lurther submitted that since the 2nd respondent/Defacto complainant is not interested to prosecute the accused in view ofthe above said I setllernent and thereFore no pupose will be solved, ifthe accused is prosecuted and if the prosecurion is coniinued it is ";;; ;" ;; the Hon'ble Courts. but the wastage ^othing a It is therefore prayed that this H<rn,ble Court may be pleased to record the compromise and quash rhe proceedings by way of ;.0;#r;,;; of'elggs against the peritioners in F.I.R in Crime N.. 6? "f Neredmet potice Station Rachakonda, and pass ,r.h oth". this Hon'ble Court may deem fit and proPgl in the circumstanc", ,,ri;;;;:; """; ", orr* ." "; "r;";;:: lB.L. MANASA,I Second Party ,[ALAPA First Party SANTOSEKUMARJ