High Court · 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 quash the proceedings in C.C.No. 3169 of 2024 on the file of the Xlll Addl. Chief Metropolitan Magistrate (ACJM) at Nampally, Hyderabad, l.A. NO: 1OF 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 grant stay of all further proceedings including the appearance of the .a:--a- -=i---:r=--.=:;. --:---! .-*f- /' 'r. petitioner in C.C.No 3169 of 2024 on the file of the Xlll Addl. Chief Metropolitan Magistrate (ACJM) at Nampally, Hyderabad, pending disposal of the Criminal Petition. l.A. NO: 2 OF 2025 Between: Smt. B.Swetha, \A//o Dr. V.Narasimha, D/o. B. Chandrasekhara Reddy Aged about 3C years, occ. Opthalmologist, r/o Flat No.206, Sai Ram Sharadha Residency Park View Enclave, Yousufguda X Road, Bah.lara Hills, Hyderabad, presently N/o 15-tj-153, Reddappa Naidu Colony Extension lVladanapalle, Annamayya District. A. P ...PETITIONERS/RESPONDENT NO.2 AND

1. V.Narasimha, s/o V.Shiva Kumar, aged about 3'1 years, occ. Doctor, N/o Flat No.304 Jaya Residency, Korrameengunta, Laxmi Puram Circle, Tirupati, Presently r/o H.No. 6-3-596/53 1st floor, S.V.R.Apartments, Khairtabad, Hyderabad. (Husband of 2nd respondent)

2. V.Shiva Kumar, s/o Muni Reddy, aged about 59 years, occ. Business, r/o Flat No.304 Jaya Residency, Korrameengunta, Laxmi Puram Circle, Tirupati. (Father-in-law of 2nd respondent)

3. Smt. V.Radhika, Wo V.Shiva Kumar, aged about 54 years, occ. Housewife, r/o Flat No.304 Jaya Residency, Korrameengunta, Laxmi Puram Circle, Tirupati. (lvlother-in-law of 2nd respondent). ,..RESPONDENTS/PETITIONERS

4. The State of Telangana, through S.H.O., WPS West Zone, Hyderabad, Hyderabad District, rep. By Public Prosecutor, High Court, Hyderabad. ...RESPONDENTS/RESPONOENT NO.1 Petition under Section 359(6) of BNSS, 2023 praying that in the circumstances stated in the l\tlemorandum of Grounds of Criminal Petition, the High Court may be pleased pleased to permit the petitioner to compound the U/Sec. 498-4, 509 of l.P.C. and Sec. 3 and 4 of D.P. Act, and to quash the proceedings in C.C.No.3169 of 2024 on the file of the Xlll Addl. Chief Metropolitan Magistrate (ACJM) at Nampally, Hyderabad, in the interest of justice. l.A. NO: 3 OF 2025 Petition under Section 359(2) of BNSS, 2023 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 to quash the proceedings in C.C.No.3169 of 2024 on the file of the Xlll Addl. Chief Metropolitan Magistrate (ACJM) at Nampally, Hyderabad, in the interest of justice. i -'-@w , This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Mr. B Anir Kumar Yadav, Advocate for the petitioner and Mr. Jithender Rao Veeramafla, rearned Additional Pubric prosecutor on beharf of the Respondent No.1 , and of Ms. p. Anitha, Advocate rearned counser for Respondent No-2/de-facto comprainant. The Court made the following: ORDER ( l I ; i I j THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos 2 AND 3 0F 2025 ln/And CRIMINAL PETITI ON No. 5313 0F 2025 coMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya i I Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioners in c.c.No.3169 of

2024. on the f ile of the learned Xlll Additional chief lt/letropolitan Magistrate, NamPallY, HYderabad 2'ThepetitionersarearrayedaSaccusedNos.lto3intheCalendar case register-eci for the offences punishable under Sections 498-4, 509 of the indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act. 1961

3.HeardMrBAnilKumarYadav,learnedcounselforthepetitioners' Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Ms.P.Anitha, learned counsel for respcndent No.?-l de Jacto complainant.

4. Pending this petition, the parties have entered into the compromlse and. accordingl,T. they morred l.A.Nos.2 and 3 ol 2025 with the prayer to permit them to enter into compromise and by recording the settlementJo*, I i l l i I I I L I I 2 l. .1.N0.t.2 and ) ol'202 j tn/ attrl (.ti l).\o5 1t ) 01 2025 a: quash the proceedings against the petitioners/accused Nos..l to 3 in C.C.No 3169 of 2024. 5 This court vide order dated 17.04.2025 referred the parties to the High court Legar services commrttee for identification and to verify the voluntariness in arriving the setrement. The secretary, High court Legar Services committee, has submitted report dated 24-o4.2o2sstating that the parties were identified by their respective counser and arso on verification of Aadhar cards/rdentity cards and the enquiries reveared that the partles have willfully and without coercron enlered into s ettlern e n t/co m p ro m i se

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

7. Having considered the allegations, the charged offences, which are essentia'y matrimoniar and inter-personai in nature and taking into account the amicabre setrement between the parties and to restore peace among them, in the right of the dictums in Gian singh v. Sfafe of Punjab and anotherl and Anil Mishra y. Sfate of u.p.2; Sfate of Madhya pradesh v. Laxmi Narayan and others3, this court is of the - -.- considered view that quashment of the impugned proceedings in view of t 2012 l1O) SCC 303 ' 2024 INSC 189 ' 201e (s) scc 688 I I I I l i I l I I a 3 \ / l(./ I '1.\r, l -rrrrl J a1 )()): 't:,itt:'i (..-i. P.Xa- t ) / ) ol )()) 1 the settlement by exercising jurisdiction under Section 482 Cr 'P C l52B of BNSS, 2023, would be in the interest of justice B. Accorciingly, l.A Nos 2 and 3 of 2025 are allowed Consequently' all proceedings in C.C No.3 169 of 2024, on the file of the learned Xlll Additional chief Nletropolitan l\/agistrate at Nampally' Hyderabad' are hereby quashed against the petitioners/accused Nos '1 to 3 9 ln the abcve terms, the Criminal Petition is disposed of Pending rniscellaneous applications, if any, shall stand closed //TRUE COPY// SD/- MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER To,

1. The Xlll Atldl Chief Metropolitan Magistra - Hyderabad. 2. The Station House Officer, WPS, West Zone Police Station' Hyderabad (ACJM) at NamPallY, City District.

3. One CC to Mr. B Anil Kumar Yadav, Advocate [OPUC] 4. One CC to Ms. P. Anitha, Advocate [OPUC] 5. Two ccs to Public Prosecutor, High court for the state of Telangana at HYderabad [tf,UT]

6. Two CD CoPies (Along with a Copy of Joint Memo of Compromise) Sut/gh YY -(q i {.-.,.-. ;".{r -r }r.--:: -. i.' r''-: '-.-: '\: HIGH GOURT DATED: 0210512025 - COMMON ORDER l.A.Nos.2 and 3 ot 2O25 ln/And CRLP.No.S313 of 2025 oR ( ,.-\- '( ,::. 16 SEP 206 (-r i? ) \ -i.,,1/ *--r,' l.A.Nos.2 and 3 of 2025 ARE DISPOSED OF THE CRIMINAL PETITION IS DISPOSED OF qtqqab b" :. IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl.P.No. f)\2ot'0,. Against C.C.No. 3L69 of 2024 (On the file of the XIII Addl. Chief Metropolitan Magistrate (ACIM) at Nampally, Hyderabad) Between: 1) V.Narasimha s/o V.Shiva Kumar, aged about 31 years, occ: Doctor, N/o Flat No.304 Jaya Residency, Korrameengunta, Laxmi Puram Circle, Tirupati, Presently r/o H.No. 6-3-596/53 1't floor, S.V.R.Apartments, Khairtabad, Hyderabad. (Husband of 2nd respondent) 2) V.Shiva Kumar s/o Muni Reddy, aged about 59 years, occ: Business, r/o Flat No.304 Jaya Residency, Korrameengunta, Laxmi Puram Circte, l rrupati. (Father-in-law of 2nd respondent) 3) Smt. V.Radhika w/o V.Shiva Kumar, aged about 54 years, occ: Housewife, r/o Flat No.304 laya Residency, Korrameengunta, Laxmi Puram Circle, l rrupati. (Mothei-in-law of 2nd respondent) 1) The State of Telangana, through S.H.O., WPS West Zone, Hyderabad, Hyderabad District, rep. By Public Prosecutor, High Court, Hyderabad. .. Petitioners/Accused Nos. 1 to 3 2) Smt. B.Swetha w/o Dr. V.Narasimha, D/o Chandrasekhara Reddy Aged about 30 years, occ: Opthalmologist, r/o Flat No. 206, Sai Ram Sharadha Residency Park View Enclave, Yousufguda X Road, Banjara Hills, Hyderabad, presently n/o 15-5-153, Reddappa Nai.Cu Colony Extension Madanapalle,AnnamayyaDistrict,A.P. .. Respondents/Complainant ]OINT MEMO FILED BY TH E PETMO NER AND RESPONDENT NO.2 It is submitted that the 2nd respoirdent lodged a complaint before the Women 1) Police Station, So h Zone, Hyderabad, Hyderabad, against the q j. v.-Qo-Jk;\<o- <- fr;-t_ -2- petitioners herein wherein a case in FIR No. 48 ot 2023 was registered and later the police have filed charge sheet against the petitioners bearing c.C.No.3L69 of 2024 on the fite of the ),IIII Addl. chief Metropolitan Magistrate (ACIM) at Nampally, Hyderabad. Apart from the above, the 2nd respondent also flled D.V.C.No. 134 of 2024 onthe file of tt-re III Addl. civil Judge (Junior Division) at Tirupati and both the cases are Pending. 3)ItissubmitteldthatduringthependencyoftheaboveSaidCaSe,atthe intervention of the elders and well-wishers, the petitioners and the 2nd respondent ; have amicably settl:d the issue and to that effect the 2nd respondent and the petitioner No.1 havr: entered into a Memorandum of understanding wherein the petitioner. No.1 agreed and paid a sum of Rs. 25.00 lakhs towards the expenses incurred by the parr:nts of 2nd Respondent at the time of marriage,aS permanent alimony to the 2nd respondent and the 2nd respondent has agreed to withdraw the above mentioned cases u nconditionally. In view of the said settlement, no purpose would be served in continuing the said proceedings. 4) In view of the above it is prayed that this Hon'ble couft may be pleased to record the compromise and quash the proceedings in c.c.No. 3169 of 2024 on the file of the XIII Addl. chief Metropolitan lqagistrate (ACJM) at Nampally, Hyderabad, in the interest of lustice. r 0 J. J. v. R -J[; k^- 9-Nt^-- COUNSEL FOR THE PETITIONERS PETMONERS k$.- ( N SEL FOR THE RESPONDENT COU 9t-il RESPO NDENT