✦ High Court of India · 17 Jun 2025

The High Court · 2025

Case Details High Court of India · 17 Jun 2025

Prosecutor, High Court for The State of Telangana

2. Kalidindi Sarada, Wo lndukuri Venkata Narsimha Varma, aged abou! 27 years Occ.Homewife, R/o Flat No.102, 2nd Floor, Pipeline Road, Subhodaya Colony, Kukatpally. ...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 call for records and Quash the CC No.582 of 2023 on the file of court of IAJCJ Cum XllAddl. Metropolitan Magistrate at Kukatpally. 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 stay all further proceedings including appearance of the petitioners in the CC No.582 of 2023 pending before I AJCJ Cum Xll Addl. Metropolitan Magistrate at Kukatpally. l.A.Nos. 2 AND 3 oF 2025 I.A. NO: 2 OF 2025 Between: Kalidindi Sarada, Wo lndukuri Venkata Narsimha Varma, aged about 27 years Occ.Homewife, R/o Flat No..102, 2nd Floor, eipef ine nloaO, SuOnoaaya Colony, Kukatpally .. ;Petitioner/Respondent No.2 AND 1 rndukuri venkata Narsimha Varma, s/o Venkatar amaraju aged about 34 vears occ.pvt Emptoyee, R/o H.No.3_6i456, Nadil;;dhi, weii d;;;;v! v ' ,e 2 rndukuri Krishnaveni, -wo venkataramaraju aqed about 52 years occ.House wife, R/o H. No. 3-6/456, ltaO iveeO-ni, WEst 6o?,"run. 3. D.Umadevi, Wo Dandu- gundara Ramaraju, Aged about 3.,l years, occ.Housewife, R/o H.No.2_207, Naogrriiu;diij, Easicoarulii. " , tud 4. Dandu Sundara nqLarqjq,- Sio Malleswara [alu, lAOed about 35 years, occ.Business, Rlo H No 2'_202, nllogai*unoriru,'Edsi co"d;va;:-*. "- ,-- 5 State of Telanoana rep.by Sub.lnspector of police, pS Kukatpally thru public prosecuror. Hi!n courlroi rne si;t!;i#;s;;" ...Respondents Petition under Section S2g rlw 3S9 of BNSS praying that in the circumstances stated in the Memorandum of Grounds or briminit p"titio", irru High court may be preased to permit the petitioner lrespondent no.2 and defacto complainant for compounding the offences U/sec 49g(A) rpc and s"ir"o-roro 3 and 4 0f Dp Act in cc Nt5g2 0f 2023 0n thefire of court of rAJCJ cum XIr Additional Metropolitan Magistrate at Kukatpally in term of compromise. l.A. NO:3 oF 2025 Petition under Section S2g rtw 359 of BNSS praying that in the circumstances stated in the Memorandum of Grounds or briminir p"titior, ir,u High-court may be pleased_to quash the pro"""oing" in cc No sB2 ol 2023 on 'rt the fite of court of r AJCJ cum XIr noaitionai'r',letroporitan- Maii.liG f1lttpaltv compounding the offence ano ursec +saia) rpc and sec 3 and 4 of Dp ACT in terms of compromise. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Ms Kanumuri Karyani, and Ms. surabhi Kakkad, Advocate for the petitioners and sri Jithender Rao Veeramara, Additionar pubric prosecutor on beharf of the Respondent No.1 and of Sri Aziz Hussain, 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 OF 2025 ln/And CRIMINAL PETITION No.5 587 0F 2025 COMMON ORDER This Criminal Petition is filed under Section 52g of Bharatiya Nagaik Suraksha Sanhita, 2023 (for short ,BNSS, 2023'), seeking quashment of the proceedings against the petitioners in C.C. No. 5g2 of 2023 pending on the file of the learned I Additional Junior Civil Judge_ cum-XIl Additional Metropolitan Magistrate, Kukatpally,

2. The petitioners are arrayerJ as accused Nos.1 to 4 in the Calendar case registered for the offences punishable under Sections 4gg-A of the lndian Penal Code, 1860, Sections 3 and 4 of the Dowry prohibition Act,

3. Heard Ms. Kanumuri Kalyani and I\Is. Surabhi Kakkad, learned counsel for the petitioners, [Vlr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1_State and Mr. Aziz Hussain, learned counsel for responde nt No.2tde facto complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved LA.Nos.2 and 3 of 2025 with the prayer to_ .permit them to enter into compromise and by recording the setflement to 2 LA.Nol 2 a ) of2025 in/an (.r/. P.1'; 0. 5 5 8 7 of 202 5 quash the proceedings against the petitioners/accused Nos.1 to 4 in C.C No. 582 of2023

5. This Court vide order dated 01 .05.2025 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 10062O2S 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 settlemenUcom promise.

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 essentially matrimonial and inter-personal in nature and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and anotherl and Anil Mishra y. State of tJ.p.2; Sfafe of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the ,considered view that quashment of the impugned proceedings in view of | 2012 (1o) scc 303 'Z zo2+ It'tsc 189 '2019 (5) scc 688 i I I I I ; i i I I I 3 Alr&.ir IJ.Nor 2 and ) of 2025 it/and Crl.P.Na. 5587 of 2025 the settlement by exercising jurisdiction under Section 482Cr.P.C.1528 of BNSS, 2023, would be in the interest of justice.

8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in C.C. No. 582 of 2023 pending on the file of the learned I Additional Junior Civil Judge-cum-Xll Additional Metropolitan Magistrate, Kukatpally, in respect of the petitioner Nos.2 to 4/accused Nos. 2 to 4 and Crime No. 205 of 2023 of Kukatpally Police Station, Cyberabad Commissionerate, in respect of petitioner No.'llaccused No.'l , are hereby quashed. I Resultantly, the Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed. SD/. A.V.S.PRASAD DEPUTY REGISTRAR //TRUE COPY// r(d-- SECTIEN OFFICER To, kukatpally

1. The IAJCJ cum Xrr Additionar Metroporitan Magistrate, Medchar Markajgiri at 2. The Station House Officer, Kukatpally police Station, Cyberabad 3. Two CCs to Public Prosecutor, High bourt for the State of Telangana at 4. One CC to Ms. Kanumuri Kalyani, Advocate [OPUC] 5. One CC to Ms. Surabhi Kakkad, Advocate IOPUCI 6. One CC to Sri Aziz Hussain, Advocate tOpUCI 7. Two CD Copies Hyderabad [OUT] ABK,?SL Along with a copy of Joint Memo of Compromise HIGH COURT DATED: 1710612025 .-& COMMON ORDER l.A.Nos. 2 AND 3 OF 2025 ln/And CRLP.No.5587 ol 2025 'r\- i t.t".. . '.\\ 'a \ \ ,- : 1 0 SEP 2025 * Oc- t-itj. . ..tr, o ALLOWING THE LA.Nos. 2 AND 3 OF 2025 AND CRIMINAL PETITION 0t foLqlor IN THE HIGH COURT FORTHE STATE OFTELANGANA AT HYDERABAD / Between: Crl.P,No. 5587 ol2025

1. Indukuri Venkata Narsimha Varma S/o Venkataramaraju aged about 34 years occ:M. Employee, R/o H.No.3-6lA56, : Nadiveedhi,Tetali villageTanuku Mandal, West Godavari.

2. Indukuri Krishnaveni W/o Venkataramaraju aged about 52 years occ:House wife, R/o H.No.3-6lA56, Nadiveedhi,Tetali village Tanuku Mandal, , West Godavari. ...j

3. D.Umadevi W/o Dandu Sundara Ramaraju, Aged about 31 years, Occ:Housewife, R/o H.No.2-207, Mogalikuduru, East Godavari. 4, Dandu Sundara Ramaraju S/o Malleswara Raju, Aged about 35 years, Occ:Business, R/o H.No.2-207, Mogalikuduru, East Godavari. -PETITIONERS/ACCUSED NO.1 to 4 AND

1. State ofTelangana rep.by Sub.Inspector oF Police, PS Kukatpally, thru Public Prosecutor, High Court'fOr the State ofTelangana -RESPONDENT/COMPLAINANT

2. Kalidindi Sarada Wo Indukuri Venkata Narsimha Varma, aged about 27 years Occ:House wife, R/o Flat No.102, 2d Floor, pipeline Road, Subhodaya Colony, Kukatpally. -RESPON DENr/DEFACTO-COMPLATNANT JOIN BYTHE NE R NT 2

1. The Petitioners are the Accused no. 1 to 4 in FIR No. 205 of 2023 dated 27.02.2023, registered at Kukatpally police Station, under Sections 49gA, IpC and Sections 3 & 4 of the Dowry prohibition Act. The case is numbered as K' /* 6 C.C. No. 582 12A25, pending on the file of I AICJ-cum-XII Additional Metropolitan Magistrate at Kukatpally.

2. It is submitted that the Respondent No. 2 is the de facto complainant and wife of the Petitioner.The petitioner no 2 is the mother of the petitioner no,l and Petitioner no 3 & 4 is the sister and brother in law of the petitioner. Due to matrimonial discord, certain misunderstandings arose, which led to filing of the said FIR and a Domestic Violence Case (DVC No. 66/2023), which was subsequently dismissed as not pressed on 09.04.2025.with the intervention of elders and well-wishers, the partiee have resolved their disputes amicably and voluntarily entered into a Memorandum of Understanding (Mou) dated 08-03- 2025, recording terms of mutual settlement and compromise.

3. As per the MOU, both par.ties have agreed to part ways amicably without any fudher claims against each other. The wife has consented for quashing of the FIR and criminal proceedings in view of the settlement.

4. The compromise is genuine, volunLary, without coercion or undue influence, and intended to bring peace and closure to both parties. 5, Hence, in the interest of justice, the parties respectfuuy prays that this Hon'ble court may be preased to record the compromise and quash c.nsequentiar proceedings in c.c. No.5g2 / 2023 pending on the fire of I AlCl-cum-XII Additional Metropolitan Magistrate at Kukatpally. In view of the above compromise it is therefore prayed that this Hon,bre Court may be pleased to euash proceedings in C.C. No. 582 l2OZ3 pending I ild"!" , r- '7 on the file of I AlCJrum_XII Additional Metropolitan Magistrate at Kukatpally and pass such further or other orders as this Honbre court deems just and proper in the circumstances of the case. Hence this Joint Memo. PLACE: HYDERABAD DNr::afp|{ ilrUJ^-' PETITSNER No. 1 U.-L; ETITIONER No.3 a-uo 6,.:y,6 tS$88 PETITIONER No. 2 u,r. PETITIONER No.4 h's.'J--' RESPONDENT No.2 k.r COUNSEL FO ETmONER No.lto 4 t rlP lv- v COUNS EL FOR RESPONDENT No.2 i 1 ), I ! I i I i I

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