The High Court · 2025

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings in SC.SPL.176/2022, lN THE COURT OF HONOURABLE SPECIAL SESSIONS JUDGE AT NALGONDA. l.A. NO: 1 OF 20;?5 Between: lssak Mekala, S/o Gamaiah, Aged 73 years Occ. Rtd.Employee, Caste. SC, RJo. H.No.3-1 -8'l,Duphad Village, Penpahad Mandal, Suryapet District. ...PETITIONER/RESPONDENT NO. 2/DEFACTO-COMPLAINANT AND 'l . The State of Telangana, Rep. by its Public Prosecutor, High Court Buildinl). Hyderabad. .,.,RESPONDENT/RESPONDENT

2. Abhishek Dunna, S/o Late.Ramesh Babu, Age 25 years, Occ. Student, Caste. SC Duphad Village, Penpahad Mandal, Suryapet D strict. 3. Akhil Dr- nna, S/o Late.Ramesh Babu, Age 28 years, Occ. Student, Caste. SC, Duphzrd Village, Penpahad Mandal, Suryapet District. ...RESPONDENTSiPETITIONERS/ACCUSED NO. 7 & 9 Petition under Section 359(6) of BNSS ACf, 2023 p'aying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pl,sased to grant permission to compound the offences, and quash the S.C.No.'I76i2O22 on the file of THE COURT OF HON'BLE SPECIAL SESSIONS JUDGE AT NALGONDA. under sections 143,448,435 R/VV 149 lPC, Sec3(2)(iii) & 3(2) of SC/STs(POA) amendment act 2015, again{it the petittoners in the interest of justice and equity or else irreparable loss and injury will be caused to the petitioner zrnd 2nd respondent herein . l.A. NO: 2 OF 2025 Petition under Section 359(2) OF BNSS ACf , 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be prleased to record the compromise and quash the proceedings agarnst petitioners/ Accused Nos.7 and 9 in S.C. No.'17612022 on the file of THE COURT OF HON'BLE SPECIAL SESSIONS JUDGE AT NALGONDA. under sections 143, 448, 435 R,AIV 149 lPC, Sec3(2)(iii) & 3(2) of SC/STs(POA) amendment act 12015 Act in the interests of justice and equity. This Petition coming on for hearing,upon perusing the llemorandum of Grounds of Criminal Petition and upon hearing thr: arguments of STi T. VENKAT RAJ GOUD AND SRI. KAMBALAPALLI SRAVAN KUMAR REDDY ,Advocate for the Petitioners and SRl. JITHENDER RAO VEERAMMA, Additional Public Prosecutor on behalf of the Respondent No.1 and lVS. ANJALI TlWARl, Advocate for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No.4361 OF 2024 COMMON ORDER This Criminal Petrtion is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023') seeking quashment of the proceedings against the petitioners in S.C. SPL. No. 176 of 2022, on the file of the learned Special Sessions Judge, Nalgonda'

2. The petitioners are arrayed as accused Nos,7 and 9 in the Special Sessions Case registered for the offences punishable under Sections 143,448,435 read with Section 149 of the lndian Penal Code, 1860 and Sections 3(2xiii), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Amendment Act, 2015.

3. Heard Mr.T.Venkat Raju Goud and Mr.Kambalapalli Sravan Kumar Reddy, learned counsel for the petitioners, [/lr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No. 1-State and Ms.Anjali Tiwari, learned counsel for the respondent No.2/ de-facto complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2/de-facto complainant filed l.A.Nos.1 and 2 ol 2025 with the prayer to permit them to enter into compromise I 2 Nl-R,/ I 1.,^t)or.l and 2 of202t iz/ anl {ti-P.No.$61 of 2024 and by recording the settlement to quash the proceedings against the petitionersiaccused Nos.7 and I in S.C. SPL. No. I76 af 2022.

5. This Court vide order daled i2.03.2025 referred the parties 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 19.03.2025 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 settlemenVcompromi se.

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

7. The accusations against the petitioners/accused Nos.7 and 9 in the Police Report are that, the petitioners/accused Nos.7 and 9 and other accused were criminally trespassed into the house of the respondent No.2lde-facto complainant and caused mischief by fire to the Tractor bearing No.TS 29 7780. Having considered the allegations, the nature of charged offences and taking into account the amicable setflement between the parties, in the light of the dictums in Gian Singh v. Sfafe of 3 NI&/ IA.Not./ and 2 of 2025 ir/und Crl.P.No.4)61 oJ 2024 Punjab and anotherl and Anil Mishra v. State of ll.P.2; Sfate of Madhya Pradesh v. Laxmi Narayan and otherss, 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.

8. Accordingly, LA,Nos.l and 2 of 2025 are allowed. Consequently, all the proceedings in S.C. SPL. No. 176 of 2022, pending on the file of the learned Special Sessrons Judge, Nalgonda, are hereby quashed against the petitioners/accused Nos.7 and 9.

9. ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// Sd/- A.V.S. PRASAD PUTY REGISTRAR SECTION OFFICER To, 1 1 2 The Special Sessions Judge at Nalgonda. The Station House Officer, Penpahad, Police Station, Suryapet District One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT] One CC to SRl. T VENKAT RAJU GOUD Advocate [OPUC] one CC to SRl. KAMBALAPALLI SRAVAN KUTMAR REDDY Advocate loPUCl n,6 . 5. One CC to MS. ANJALI TlWARl, Advocate [OPUC] W a. Two CD Copies J 4 PM t 2012 (10) scc 303 2 zozc INsc r89 '2019 (s) scc 688 HIGH COURT DATED:2610312025 ! o,t r itS S14 o o lBJUI'I m (S l' .o o COMMON ORDER lA.Nos. 1 &2 of 2025 IN/AND GRL.P.NO. 4361 0F 2024 I I I\LLOWING THE lA.Nos. 1 &2 of 2025 AND DISPOSINIG OF THE CRIMINAL PETITION 1 \t 6 6