✦ High Court of India · 28 Apr 2025

The High Court · 2025

Case Details High Court of India · 28 Apr 2025
Court
High Court of India
Decided
28 Apr 2025
Bench
Not available
Length
1,204 words

Acts & Sections

State of Telangana At Hyderabad. Smt. Eragajeevi Varalakshmi, W/o Late Damodar, ageq27 years, occ. Housekeeping, R/o Near Chinna Shivalayam Temple, Raiiv Nagar, Santosh Nagar, Hyderabad. 2 ...Respondents/Complainants 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 quash the proceedings against the petitioner/Accused in P.R.C.No 63 of 2024 on the file of Vl Additonal Metropolitan Magistrate, Medchal-Malkajgiri District, Uppal at L.B.Nagar. 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 ail further proceedings against the petitioner/Accused in P.R C.No.63 ot 2024 on the file of Vl Additonal Metropolitan Magistrate' Medchal-Malkajgiri District, Uppal at L.B.Nagar, pending disposal of the criminal petition. l.A. No.2 OF 2025 A ND l.A.No.3 OF 2025 l.A. NO: 2OF 2025 Between: Smt. Eragaieevi Varalakshmi Wo Late Damodar, aged 27 years, Occ: iouret<e"eping Rio Near Chinna Shivalayam Temple, FLajiv Nagar' Santhosh Nagar, Hyderabad ...PetitionerlR2 in l.,A.Nos 2 and 3 of 2O25 AND

1. The State of Telangana, Rep. byits Public Prosecutor, lligh Court' Hyderabad

2. Votteddu Mahesh @ Potharaju Mahesh @ Shiva s/o Votteddu Sailu, aged 22 years, Occ Auto Driver, R/o H.No 2-3-603/49/96/'1 , New Patel Nagar' Amberpet, HYderabad. ...Respondents in l.A.Nos 2 and 3 of 2025 Petition under Section 359(6) of BNSS praying tha.: in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may io permit the petitioner to compound the offences u/s64, 351 (2), 303 il;t;";"; (2) BNS (376,506, 379 IPC) I.A. NO: 3 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 betwe-en the respondent No-2 and the p"ti[ion., in p R.C.No 6 3 of 2024 on the file of Vl A,dditional Metropolitan 'ltltagistrate, Medchal-Malkajgiri District, Uppal at L'B Nagar This Petition comlng on for heartng, upon perusinl; the Memorandum of GroundsofCriminalPetitionanduponhearingtheargumentsof Sri K Giri Babu. Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Responden: No.1 and sri Nomula Prasanna Kumar, Advocate for the Respondent No 2 The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 0F 2025 ln/And CRIMINAL PET lTlo N No.4831 OF 2025 coM MON ORDER ThisCriminalPetitionisfiledunderSectionS2EofBharatiya Nagarik Suraksha Sanhita. 2023 (for short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioner in P R C' No 63 of 2024 on the fiie of the learned Vl Additional Metropolitan Magistrate. Medchal-Malkajgiri Distrrct, Uppal at L.B.Nagar' 2ThepetitioneristhesoleaccusedinPR'Cregisteredfo!'the offences punishatrle under Sections 64, 351(2), 303(2) of Bharatiya Nyaya Sanhita, 2023 (for short'BNS, 2023'). 3 Heard Mr.K.Giri Babu, learned counsel for the petitioner' trlr Jithender Rao veeramalla, learned Additional Public Prosecutor, representing the respondent No 1-state and Mr'Nomula Prasanna Kumar, learned counsel for respondenl No.2l deJacto complainant'

4. Pending this petrtion, the parties have entered into the comprornise and. accordingly, they rncved l.A.Nos.2 and 3 of 2025 v'rith the prayer to per.mit them to enter into compromise and by recording the settiement to,, quash the proceedrngs against the petitioner/accused in P R C No 63 of 2024 2 \ i /(. i tt\. tt 11ni ( r'l).\0. 18Jl rtt )t)!i

5. This Cou( vide otder dated 07 04.2025 referred the parties to the High Court Legal Services Committee for identificatif,n and to verify the voluntariness in arriving the settlement. The Secreta-y, High Court Legal Services Committee, has submitted report dated 1S142O2S stating that the parties were rdentified by their respective co:nsel and also on verification of Aadhar cards/ldentity cards and the enquiries revealed that the parties have willfully and without coe.cion entered into settlemenUcomprom ise.

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

7. Having considered the allegations anC the amicable setflement between the parties and to restore peace among thenr, in the light of the dictums in Gian Singh v. State of punjab and anotherl and Anil Mishra v. Sfafe of lJ.P2; Sfafe of Madhya pradesh v. Laxmi Narayan and otherss, this Court is of the considered view tha, quashment of the impugned proceedings in view of the setflement by ex=rcising jurisdiction under Section 482 Cr P C l52B of BNSS 2023, would be in the interest of justice. 12012 (10) scc 303 '? 202+ INSC ta9 r zors 1s; scc oao 3 .\ 7li.l l. 1.,\,t.'.1 tti ) ,4 )(Di tt.,/ ttt;ri Ori.P.\,' l.l )i o: l0li

8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in P R.C. No. 63 of 2024 on the file of the learned Vl i Additional Metropolitan [Vlagistrate, tr4edchal-Malkajgiri District, Uppal at L.B.Nagar, are hereby quashed against the petitioner/accused. o ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed SD/-M.OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY// t-i. se6rtor.r oFFtcER To,

1. Vl Additional Metropolitan Magistrate, Medchal Malkajgiri district, Uppal, LB Nagar

2. The Station House Officer, Uppal Police Station, Rachakonda 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. One CC to Sri K Giri Babu, Advocate IOPUC] 5. One CC to Sri Nomula Prasanna Kumar, Advocate [OPUC] 6. Two CD Copies ABK/PSI- Along with a copy of Joint Memo of Compromise w HIGH COURT DATED: 2810412025 COMMON ORDER l.A.Nos. 2 and 3 ot 2025 ln/and CRLP.No.631 ot 2025

2.---a '' //-j -, i ,:t /. ..c" =: <, 4 ,s 0 3 5:P 206 ., t: _\- DISPOSING OF THE CRIMINAL PETITION AND ALLOWING l.A.Nos 2 and 3 ot 2025 q.edd\ !k {l #^ i I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD CRL.P.NO. OF 2025 Betvveen: Votteddu Mahesh @ Potharaju Mahesh @ Shiva S/o Votteddu Sailu, aged 22years, Occ: Auto Driver, R/o H.NO.2-3- 60314919611, New Patel Nagar, Amberpet, Hyderabad. 1 2 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana At Hyderabad. Smt. Eragajeevi Varalakshmi Wo Late Damodar, aged 27 years, Occ: Housekeeping, R/o Near Chinna Shivalayam Temple, Rajiv Naga:-, Santosh Nagar, Hyderabad. ..Petltioner JOINT MEMO ..Respondents It is submitted that the petitioner and the respondent No.2 has resolved their issue and entered into an amicable settlement at the intervention of elders and well wishers of both of us and to this effect a separate compromise petition is also filed. Hence this Joint Memo. Hyderabad Date:20-03-2025e Respondent No.2 q+3 o"-"g.' Q -"S \ Counsel for Respondent No.2 rt*h eJ k Petitioner Counsel for Petitioner

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