The High Court · 2025
Case Details
ngana, Represented by Public Prosecutor, high Court of State of Telangana 1 . The State of Tela Judicature for the Errapilla Venkatamma, Wo. Ananthappa, Occ.Labour, R/o.H.No. -l-55, Doulathabad Mandal, Sultanpur, Balampet, Mahaboob Nagar Districi, ' Telangana State. 2 ...RESPONDENTS/DEFACTO COMPLAINANT 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 in sc.pocso.No. 669 of 2i2z on the file of the court of the Fast rrack special Judge for Trial and Disposal of Rape and P-OCSO Act Cases, Ranga Reddy District at Rajender Nagar, for the alleged offences U/s. 366, 376(2), (n) tPC and Sec5 (t) r/w. 6 pf pOCSO Ad _ 2612 against the petitioner/accused. l.A. NO: 2 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 all further proceedings including personal appelrance of the petitioner in sc PocSo No 669 of 2022 on the file of I Fast rrack special Judge for Trial and Disposal of RAPE and pocso Act cases Ranga Reddy District at Rajender Nagar, pending disposar of the main petition for qualhing the same. -€-;:-.*.7 l.A. NO: 3 OP 2025 Between: Erraoilla Venkatamma, Wo- Ananthappa, Occ.Labour, Rio.H.No 1-55, oouiitnaoaO Mandal, Sultanpur, Baldripet, Mahaboob Nagar District, Telangana State. ...PETITIONER/DEFACTO COMPLAINANT AND 1. The State of Telangana, Represented by Public Prosecutor, high Court of Judicature for the State of Telangana ...RESPONDENT 2. Jagath Govindhu, S/o. Late Hanmappa, Occ.Photographe.r, R/o. H N" ,'l 787A, Sultanpur Vitlage, Doulathabad Mandal, Vikarabad' Ranga Reddy District, Telangana State. ...RESPONDENT/ ACCUSED Petition under section 359(3) of BNSS praying that in the circumstances stated in the accompanying affidavit alongwith Petition, the High Court may be pleased to permit the petitioner/defacto complainant to withdraw the case in sc POCSO No 669 of 2022 on the file of the Court of the Fast Track Spec'ial Judge for Trial and Disposal of Rape and PocSo Act cases Ranga Reddy District at Rajender Nagar against the accused. l.A. NO: 4 OF 2025 Between: Errapilla Venkatamma, Wo. Ananthappa, Occ.Labour, R/o.H.No. 1-55, Douiathabad Mandal, Sultanpur, Balampet, Mahaboob Nagar District, Telangana State. ...PETITIONER/RESPONDENT/ DEFACTO COMPLAINANT AND
1. Jaqath Govindhu, S/o. Late Hanmappa, Occ.Photographer, R/o. H 7874, Sultanpur Village, Doulathabad Mandal, Vikarabad, Ranga District, Telangana State. No. 1- Reddy
2. The State of Telangana, Represented by Public Prosecutor, high Court of Judicature for the State of Telangana ...RESPONDENT/ PETITIONER / ACCUSED ...RESPONDENT/ RESPONDENT NO.1 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the affidavit and Joint Memo alongwith Petition, the High Court may be pleased to record the compromised and quash the proceedings as against the petitioner/accused iin SC POCSO No 669 ot 2022 offences under Sec. 366, 376(2) (n) IPC and Sec.S (1) r/w. 6 of POCSO Act-2012 on the file of the court of the I Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases Ranga Reddy District at Rajender Nagar. This Petition lAs coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Thakur Chandra Kamal Singh, Advocate for the Petitioner and Mr. Jithender Rao Veeramalla, Additional Public Prosecutor, High Court for the State of Telangana, Hyderabad on behalf of the State/Respondent No. 1 and of Mr. lvld- Himad Pasha, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER: r.;i ) THE HONOURABLE SRI JUSTICE N.TUKARAMJI I.A.Nos .3 and 4OF 2025 ln/And CRIMINAL PETITION No.5308 OF 2025 co MMON ORDER 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/accused in S.C. POCSO No.669 of 2022 on the file of l-Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases, Ranga Reddy District at Rajendra Nagar.
2. The petitioner is sole accused in the S.C. POCSO No.669 of 2022 registered for the offences punishable under Sections 366, 376(2) (n) IPC and Section 5 (1) r/w. 6 of POCSO Act2012.
3. Heard tr4r.T.C.K Singh, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor' representing the respondent No.1-State and Mr.MD.Himad Pasha, learned counsel for the respondent No.2/de-facfo complainant.
4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2/de-facfo complainant filed l.A.Nos.3 and 4 of 2025 with the prayer to permit them to enter into compromise 2 ^mu IA.Not. ) and 4 of 2025 in / a*l Cr/.P.N0.5)08 of 2025 'I and by recording the settlement to quash the proceedings against the petitioner/accused in S.C. POCSO No.669 ot 2022.
5. This Court vide otder dated 18.06.2025 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 25.06.2025 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 wilifully and without coercion entered into se ttleme nUco m prom ise.
6. I have considered the submlssions 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. Stafe of Punjab and anotherl and Anil Mishra v. State of u.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 'z 202+ IwSC ta9 I zors 1sy scc oaa .w. _.:..:._// / 3 NT&/ I.A.Nrr. ) a 4of 2025 infand OI.P.No.5108 of 2025 proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr.P.C.l528 of BNSS, 2023, would be in the interest of justice. B. Accordingly, l.A.Nos.3 and 4 of 2025 are allowild Consequently' all the proceedings in S.C. POCSO No 669 of 2022 on the file of l-Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases, Ranga Reddy District at Rajendra Nagar, are hereby quashed against the Petitioner/accused. I ln the above terms, the Criminal Petition is disposed of' Pending miscellaneous applications, if any, shall stand closed ,/TRUE COPY// sD/- SREENIVASA REDDY STAruT REGISTRAR SECTION OFFICER The I Fast Treack Special Judge for trial and disp Act Cases, Ranga Reddy. District at Rajendranaga al OF rape AND Pocso t. \ To, 1
2. The Station House officer, Moinabad Police Station, Cyberabad, Hyderabad, Rangareddy District.
3. One CC to Sri. Thakur Chandra Kamal Singh, Advocate [OPUC] 4. One CC to Mr.Md. Himad Pasha, Advocate.[OPUC] 5. One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT] 6. Two CD CoPies PSI(gh (t t I 1l{E Sr4r 9- !) ( J) 0 4 [lJE 2[fr HIGH COURT DATED:0910712025 COMMON ORDER I.ANO. 3 AND 4 0F 2025 IN/AND CRLP.No.5308 of 2025 I.A.NOS 3 & 4 OF 2025 ARE ALLOWED DISPOSED OF THE CRIMINAL PETITION \ ,/, 7)