✦ High Court of India · 24 Jun 2025

The High Court · 2025

Case Details High Court of India · 24 Jun 2025
Court
High Court of India
Decided
24 Jun 2025
Length
1,653 words

The State of Telangana, through S.H.O., Marredpally- Police Station, Hyderabad District:rep. By Pubtic Prosecutor, High Court, Hyderabad' Smt. Rupula Kavitha, Wo A.V.Prashan th, aged-46 years, occ' Dy' Regioinal Managei, TSRTC r/o Flat No. 303, Manbhum Milennium Reisdency West Marredpally. Secunderabad. ...ResPondenUComPlainant Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court rnay be pleased to quash the proceedings in c.c.No. 1651 of 2024 on the file of the X Additional C h ief Metropolitan Mag istrate, Secu nderabad. l.A. NO: 1 OF 2025 Petition under Section 52B of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to grant stay of ail further proceedings including the appearance of the petitioners in C C.tio 1651 of 2024 on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad, pending disposal of the Criminal Petition. Ftklq l.A. NO: 2 OF 2025 BETWEEN: S-mt. RupulqKlvlthg, \rvio A.V.prashan th, aged 46 years, occ. Dy Regioinal Manager,.TSRTC r/o Ftat No. 303, Manbhuri Milenriium neisOen'cy WEsi - Marredpally, Secunderabad. ...Petitioner/Respondent No.2 in l.A.Nos.2 & 3 of 2025 AND 1 C.Mrinalini. D/o Ram. aoed Mahendra Hills Tukaramglte, SecunderaOiO. -about 24 years Occ. Doctor, rlo H.no. 12, 2. cherukuri Ashish Aldrin, S/o ch.Anir Kumar aged 26 years, occ. Law student - -- R/o H.No. 12, Mahendra Hilts, Tukaramgate, Slcunderabad.

3. f$.qha.y_!<q11ar.,_s/o Ravhder K-umar, aged about 25 years, occ. Student, r/o H. No. 1 -9-252, East Parsigutta, Musheerlbad, Secund6rabab.

4. Mysagari Sai Madhu, S/o M.Venkata Ramana Aged 25 years, occ. private Emplgyq.g,_ rlo H Nq 30-647t50t3o, NH Cotony, Eist Anand Aa6n, Maitijgiri, Medchal Malkajgiri District. ...Respondents/ Petitioners in t.A.Nos,2 A g of ZOZS

5. The State of Telangana, through S.H.O., Marredpally police Station, Hyderabad District, rep. By Public prosecutor, High Court, Hyderabad ...RespondenURespondent No.1 in l.A.Nos.2 &3 of 2025 Petition under section 3s9(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be qleased to permit the petitioner herein to compound the offence t]lsec. ++a, 3os, 323, rlw 51 1, 34 IPC and sec.B4 of Juvenire Justice Act and to quash the proceedings in c.c.No.1651 ot 2024 on the fite of the X Additional chief Metropolitan at Secunderabad. l.A. NO: 3OF 2025 Petition under Section 359(2) 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 c.c.No.16s7 of 2024 otlhe file of the X Additional chief Metropolitan Magistrate at secunderabad, 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 sri MD sadath Hussain, Advocate for the Petitioners and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 , and Sri K.Narender, Advocate for the Respondent No.2. The Court made the fotlowing: COMMON ORDER THE HONOURABLE SR! JUSTICE N.TUKARAMJI LA.Nos.2 and 3 OF 2025 ln/And CRIMINAL PETITION No.5i45 OF 2025 COMMON OROER This Criminal Petition is filed under Section 528 of Bharatiya Mgarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashrnent of the proceedings against the petitioners in C.C.No.1651 of 2024 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad.

2. The petitioners are arrayed as accused Nos.1 to 4 in the Ca{endar Case registered for the offences punishable under Sections 448, 365 and 323 read with 51 1 & 34 of lndian Penal Code, 1860 and Section 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

3. Heard Mr.Saddath Hussain, learned counsel for the petitioners, Mr.Jithender Rao Veerama{la, learned Additional Public Prosecutor, representing the respondent No.1-State and Sri K. Narender learned counsel for the respondent No.2/de-facfo complainant.

4. Pending this petition, the parties have entered into the comprom.ise and, accordingly, respondent No.2lde-fado complainant filed l.A.Nos.2 and 3 of 2025 with the prayer to permit them to enter into compromise- ' 2 Arr&/ IA.NoQ and ) of 2025 in/ a Crl.P-No.5145 oJ 2025 and by recording the settlement to quash the proceedings against the petitioner/accused in C.C.No.1651 of 2024.

5. This court vide otd1lrl dated 10.06.2025 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 17.06.2025 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 settlemenucomPromise. 6 I have considered the submissions of the learned counsel and perused the materials on record'

7. Having considered the allegations, the nature of charged offences and taking into account the amicable settlement between the parties and to restore peace between the parties, in the light of the dictums in Gian Singh v. State of Puniab and anotherl and Anil Mishra v' State of ll.P.2; State of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment of the impugned , 2012 (1O) SCC 303 2 zo24 INsc 189 3 2or9 (5) scc 588 3 N7&/ IANot.2 ad 3 of 2O25 ir/a CrlP.No.5|45 of 2025 proceedings in view of the set ement by exercising jurisdiction under Section 482 Cr.p.C./528 of would be in ttre interest of 'NSS,2023, justice.

8. Accordingry, r.A.Nos.2 and 3 of 2o2s are ailowed. consequentry, all the proeedings in c-c.No.1651 0f 2024 0n the fre of X Additionar Chief Metropolitan Magistrate, Secunderabad, are hereby quashed against the petitioner/accused Nos.1 to 4. I ln the above terms, the Criminal pet.ition is disposed of. , Pending miscellaneous applications, if any, shall stand closed. Sd/- T. JAYASREE D UTYREGISTRAR //TRUE COPY// ECTION OFFICER To,

1. The X Additional Chief Metropolitan magistrate at 2. The Station House Officer, MarredpallyFolice Sta 3. Two CCs to the Public Prosecutor, Hdh Court for 4. One CC to Sri MD.Sadath Hussain, Advocate IOPUCI 5. One CC to Sri K.Narender, Advocate TOPUC]' 6. Two CD Copies Hyderabad [OUT] nderabad tion, Hyderabad. the State of Telangana at NVB/PSL HIGH COURT DATED:2410612025 COMMON ORDER l.A.Nos.2 and 3 OF 2025 ln/And CRLP.No.5145 ot 2025 f,frJiltaj*.. i B 3 sEP 2025 c, :. t ,. .^t ,; ',, .':..'/ - .1. THE CRIMINAL PETITION IS DISPOSED OF 1 *fr" ,,Y IN THE HIGH COTJRT FOR TI-IE STATE OF TETANGANA AT HYDERABAD Crl.P.No. fiq(otrort against C.C.No. 165l ot 2024 (on the file of the X Addl. Chief Metropo{itan Magistrate, Secunderabad) Between: 1) C.Mrinalini d/o Ram, aged about 24 years Occ: Doctor, r/o H.no. 12, i4af€ndra Hills _Tukaramgate, Secunderabad. 2) Cherukirri Ashish Aldrin s/o Ch.Anil Kumar age^d aO ){eqrs, occ: Law Student r/o H.f,,lo. 12, Mahendra Hills, Tukaramgate, Secunderabad. 3) Akhay Kumar s/o Ravinder Kumar, aged about 25 yea.6; occ: Student, r/o H.No. 7-9-252, East PaiC'rgufta, Musheerabad, Secunderabad. 4) Mysagari Sai Madhu s/o M.Venkata Ramana nqed 25 years, occ: Private Employee, r/o H,M. 3,0-647150130, NH Colony, East Anand Bagh, Malkajgiri, Medchal Malkajgiri District. 1) The State of Telangana, through S.H.O., Ivlaredpally Police Station, Hyderabad Ditt{d, rep. By Public Prosecutor, High Court, Hyderabad. .. Petitio ners/Accused Nos. 1to 4 2) Smt. Ruirula'Kavitha w/o A.V.Prashan th, aged 46 years; occ: Dy. Regioinal Manager, TSRTC r/o Flat No. 303, Manbhum Milennium Reisdency West Mgiredpally, Secunderabad. .. Respondents/Comp{ainant JOINT MEMO D BY THE PETITI ONERS AND RESPONDENT NO.2 1) It is submitted that basing on the complaint given by the 2'd respondent, the police Marredpally Poiice Station, registered a case in FIR No. 2- & rl3 of 2024 against the petitioners and rater the porice have compreted the entire investigation and filed charge sheet bearing C.C.N. 1651 of 2024. 2) It is submitted that the minor son of the 2M respondent herein viz., Anumula Prashanth priwhvi is arrayed as Accused in reratioh to the FIR No. 12U2024 for the offence U/Sec. 354(A) and 354 (B) of IpC and Sec. 7 rlw B of POCSO Ac., 2OL2 on the fiole of ttre Tukaramgate p.S. , wherein the police have filed charge sheet bearing JCC No. 26812024 0n the fire of the v Addr. chief Metropolitan Magistrate at Nampaily, Hyderabad and the said case is registered basing on the compraint given by the mother of the 2nd petitioner herein. 3) It is submitted that during the pendency of the said cases, at the intervention of the elders and well.wishers, the petitioners and the 2nd respondent have settred the matter amicabry and both of them have agreed to withdraw the above mentioned cases unconditionaily. In view of ihe said settlement, the continuation of the proceedings wiil not serve any purpose. 4) In view of the above it is prayed that this Hon,ble Court may be pleased to record the compromise and quash the proceedings in C.c.No. 1651 of 2024 on the file of the X Addl. Chief Metropolitan Magistrate, Secunderabad, in the interest ofjustice COU S h, L FOR PETITIONERS E- rrt COUNSEL. FOR RES.NO.2 ,1 P ET IONERS ,if ,) t- x)-; RESPONDENI NO.2

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