The High Court · 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 and RespondenuAccused Nos. i to g, herein to -----7 compromise the matter ,lC. No.560 of 2019. on the file of Princioat Judicial First Class Magistrate at le' ;rrrakonda in the interest of justice- l.A. NO: 3 OF 20:15 Petition under S stated in the Merro r e rr pleased to comp,rur c 1 Judicial First Class frilz 304-4,201 R/w 34 lFo r,;tion 359 (2) of BNSS praying that in the r:ircumstances r m of Grounds of Criminal Petition,the l-1ir;h Court may be -e offence in CC. No.560 of 2019, on the, fi e of Prlncipal ::istrate at Devarakonda for the offences punishable U/s. td allow the parties to record the comprorrisr: . Crl.Petition No. 4643 c'f tt)25 Betvveen '1 . Kethavath l)w:l.t 2. Kethavath (lh()nn 3. Kethavath lJari. S 4. Kethavath l(rs h n 5. Banavath T ha'lr 6. Kethavath llar, S -[akru, 7. Kethavath B. Banavath Flanrr a 9. Kethavath Ravi, S r, S/o. Botha, Aged about 40 years Occ. Alyrir:ulture. r S/o Hemla, Aged About 45 years, Occ. Agrir;ulture i r. Chingla, Aged About 35 years, Occ. Aqri:ul:ure. S/o. Sevu, Aged About 37 years, Occ. Agliculture. :iio. Bichya, Aged About 35 years, Occ. Aqlcu ture. o. Chandu, Aged About 40 years, Occ. Aqricu ture. :'irb. Chandu, Aged About 35 years, Occ Agrrcllture. l:iio. Dasu, Aged About 42 years, Occ. Agri:uh.ure. / :. Sakru, Aged About 33 years, Occ. Agricultr re. All are R/o. Yeliarr r amanda Village, Chandampet Mandal. Nalgonda District Petitioners/ Accused l,lo. 1 to 9 And 'l . The State of Tr:lar (rana, Rep. by its Public Prosecutor, Telanganir High Court, Hyderabad.

2. Smt.Kethavath I'lz 'dini, Wio. Nehru, Aged about 30 years, Occ ,t\griculture, R/o. Usmankurrta, I 1/o. Yelamalamanda Village, Chandampet [t/arnda, Nalgonda Distr'ct. .. Respondent / De facto Complainant Petition unrJer Sr r:tion 528 of BNSS praying that in the circumstances stated in the Memorandr rr of Grounds of Criminal Petition, the High Oourt may be pleased to quash l:he O. ) No. 560 ot 2019 on the file of the Principal Judicial First Class Magistrate zrt De,v r"akonda for the offences punishable Uis l0,I-A, 201 R/w 34 lPC. in the interesl ,:f i.rstice. l.A. NO: 1 OF 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 of all proceedings in CC. No. 560 of 2019 on the file of the Principal Judicial First Class Magistrate at Devarakonda for the offences punishable U/s. 304-4, 201 Rlw 34 lPC, in the interest of justice. This Petition coming on for hearing, upon peirsing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri pONNAM ASHOK GOUD, Advocate for the Petitioner in Crl.Petition and Respondent Nos.1 to 9 in l.A.Nos. 2 and 3 of 2O25 and Sri Jithender Rao Veeramalla , Addl. public Prosecutor on behalf of the Respondent No.1 in Crl.Petition and Respondent No.10 in I.A.Nos. 2 and 3 of 2025 and Sri PULtMAMIDt SHASHIDHAR REDDy, Advocate for the Respondent No. 2 in Crl.Petition and Petitioner in l.A.Nos. 2 and 3 of 2025. The Court made the following COMMON ORDER: THE FI( i.,IOURABLE SRIJUSTICE N.TUKARAM'II l.A.Nos.2 AND 3 OF 2025 ln/And Cl:llMINAL PETITION No.4643 OF 2025 COMMON ORDE:F This Crinrin r Petition is filed under Section 5ll8 cf Bharatiya Nagarik Sur,akslra Sanhita; 2023 (for short 'BNSS, 202:i'), seeking quashment c,f th,: rrroceedings against the petitioners in 3.,,1.No.560 of 2019 on the file o the learned Principal Judicial First Class Magistrate, Devarakonda, Nalg :rnda District

2. The petitione rs are arrayed as accused Nos.'1 to g irr tlte Calendar Case registered 'o the offences punishable under Sections 304-4, 201 read with Sectio r ,3 1 of the lndian Penal Code, 1860

3. Heard lVlr.Fo rnam Ashok Goud, learned counsel for the petitioners, tvlr.Jithender Rar:,/eeramalla, learned Additional Publi: Prosecutor, representing the rr ripondent No.1-State and Mr.PulimamiCi Shashidhar Reddy, learnerd rxru -sel for the respondent No.2/de-facto complainant

4. Pendinq this ;etition, the partles have entered into lhr: c:ompromise and, accordingly, tt rly moved l.A.Nos.2 and 3 of 2025 with fl-re prayer to permit them t,l ent( r into compromise and by recording the sr,rtflement to quash the proce{l( irgs against the petitioners/accused I'Jol,;.1 to g in C.C.No.560 of 20'1 t 2 N7R'/I

1..1.No.r.2 and ) of 2025 it/ and Cr/-l'.No.164) of 2025

5. This Court vide order dated 02.04.2025 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 09.04.2025 stating that except the petitioner No.liaccused No.1, 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 settlemenUcompromise.

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

7. The accusations against the petitioners/accused Nos.1 to 9 in the Police Report are that on 25.10.2014 at about 4:00 hours, Kethavath Nehru and Kethavath Ravi while proceeding to Yelamalamanda Village by crossing the fields of the petitioners/accused, they touched the electric wires, which were arranged on land to protect the fields from indulging of the wild pigs, both died on the spot due to electric shock. Alleging that the petitioners/accused had negligently left electric wires at the fields without taking any precautions and not affixed any sign boards and it caused the deaths, lodged the complaint. Having considered the allegations, the charged offences and the amicable settlement between the parties and to restore peace among them, in the light of the dictumsj4. 3 NTR./ t - .,r.! ) of202i in/a r ,,'.1 .N0.161) of 2025 Gian Singh v. St; te of Punjab and anothe/ and Anit Mishra v. State of lJ.P.2; State of Vtadhya Pradesh v. Laxmi Narayan and others3, this Court is of the ri)nsidered view that quashment of thr,) impugned proceedings in rrir',u of the settlement by exercising jur'sdiction under Section 482 Cr.o i',.1528 of BNSS, 2023, would be in thr., interest of justice

8. Accorclingl'7. .A.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings irr ".C.No.560 of 20'1 9 on the file of the le;rrred Principal Judicial l\4agistratr of First Class, Devarakonda, are hereby quashed against the petition :,rs/accused Nos.'l to 9.

9. ln the abcve tr:rms, the Criminal Petition is disposecl of Pending nr s ,,:llaneous applications, if any, shall stand r:losed //TRUE COPYII SD/- P GC)WRI SHANKAR \ DEPUTY REGISTRAR SECTION OFFICER To 1.

5. varakond:r, Nalgonda The Principal .lu iicial First Class Magistrate District. The Station Hcu';e Officer, Chandampet Police Station, Elevarakonda , Nalgonda Distrit t Two CCs to Pub ir:, Prosecutor, High Court for the State o1'Telangana at Hyderabad. (0U .t One CC to SRt. ,ONNAM ASHOK GOUD, Advocate [OPUr3] One CC to SRI I l,LlMAMlDl SHASHIDHAR REDDY, Advor:al:e IOPUC] Two CD Copies; ( ALONG WITH A rlr )PY OF JOINT MEMO OF COMPROMISE) | 2012 (10) SCC 303 ' 202+ ttttsc t89 I zors is; scc oes I J lttt, B f,, "Y' \ HIGH COURT DATED:2410412025 .,rl { + ]:'- HE :>,.i:i i t { 23 'u5 v o COMMON ORDER t.A. NOS. 2 AND 3 ()tr 1025 IN CRL.PETITION No.,lljl 3 ot 2025 t Or, t:l\f 4() 2 DISPOSING OF Tt{E C I] PETITION fl] ,l ,,j ;q X'= HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl. PNO. of 2025 Between: Smt.Kethavath Nandini, Wo. Nehru, Aged about 30 years, Occ: Agriculture, R/o. Usmankunta, H/o. yelamalamanda Village, Chandampet Manda, Nalgonda District. And: Petitioner/ 2"d Respondent Kethavath Dweepla, S/o. Botha, Aged abour 40 years Occ: Agriculture.

2. Kethavath Chenna, S/o. Hemla, Aged About 45 years, Occ: Agriculture. 3, f31havatlr,H.qri, S/o. Chingla, Aged About 35 years, OCc: Agrici:lture.

4.'Kethavath Krsihna, S/o. Sevu, Aged About 37 years, Occ: Agriculture. 5, Brinavath Thavu, S/o. Bichya, Aged About 35 years, Occ: Agricu lture.

6. Kethavath Hari, S/o. Chandu, Aged About 40 years, Occ: Agriculture.

7. K'ethai,ath fitru, Slo. Chandu, Aged About 35 years, Occ: Agriculture.

8. Banavath Hahma, S/o. Dasu, Aged About 42 years, Occ: Agriculture. ,/ l 2

9. Kethava il r r Occ: .zt gr] c, n'i, S/o. Sakru, Aged About 33 years, Iure. Allare Ritr.'1 : amalamanda Village, Chandampet Manrlal, Nalgonda I) r; "rct. .Respondents/per rtir)ners No. 1 to 9

10. The St: t: .'l'clangana, Re;r. 6 ,, il l)Lrb lic Prosecutor, TelangruL.r I I igh Court, Hyderabad. JOINT MEMO May it plcrr;: ' rtur Lordship Respondents

1. That rlu r to the advice of elders and well u'ishers. l.roth the parties have can',.c l' rr , r:rd to compromise the mafter outside of Cc urt,, as the case filed against tl c above said persons due to misunderstand inlr. That both the parties h avin q in CC. No:i5 - o ob.jection if the criminal case is close(l igainst each other I of 2019, on the file of principal Ju,licial First Class Ma-qistrate irt i , varakonda for the offences punishable Lill;. 304-A, 201 R/rv 34IPC.

2. Ttarr t rr Respond lntri/.,\ Principal Judic Petitioner has agreed to withdraw the Ca se against the r:used No. I to 9 vide CC. No.560 ol 2019 on the file of rl First Class Magistrate at Devarakoncla fc,r the offences punishable [/, 1; 04-A. 201 R/w 34 IpC. uncondirionallv. \ 3

3. That in view of the settlement reached between us no purpose will be served if the proceedings in CC' No'560 of 2019' on the file of Principal Judiciat First Class Magistrate at Devarakonda for th-e offences punishable Uis. 304-A, 201 R/w 34 IPC is continued turther' That the Petitioner has no objection for proceeding to close the 4 matter.

5. That both the parties have settled their dispute amicably and entered itioner filed an affidavit in the above petition to into comPromise. The Petl that effect Thercfore, both the parties pray this Hon'ble Court may be pleased to compound the offences in CC' No 560 of 2019' on the file of Principal Judicial First Class Magistrate at Devarakonda for the olfences punishable.U/s 304-A,201 R/w 34 IPC in the interest of justice and pass such other order or orders as the Hon'bte Court may deem fit and proper in the circumstances of the case' Counsel for the acto ComPlainant Petitioner/De-facto Complainant Li I 4 \ Respondent l{r:cu scd No. I Responden t ;A ccr.rserl No, 2 Respondent /Ar:cused No. 3 Responden t/Ar:c uscd no. 4 Respondent /Accuscd No. 5 Respondent /Accusr.rd No. 6 Responden Accusetrl no. 7 R-espondent /Accrrse,J No. g Responden tiAccuscrl no. 9 L-rt Counsel for rh /Accused N I I llespondents r9 Hyderabarl Dt: 28-03-t!025