High Court of Judicature For The State Of Telangana · 2025

Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the F.l.R in Crime.No. 198 of.2024 of P.S-Lungerhouz, Hyderabad, against the petitioners/Accused No. 1 to 7, herein; l.A. NO: 1OF 2025 Petition under Section 528 of BNSS, 2023 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 in Crime. No. 1 98 of 2024 of P.S.Lungerhouz, Hyderabad, pending the final disposal of the main Cd. Petition, ; IA.NOS.2&30F2025: BETWEEN: Thiruvaipati Vinuthna, Wo. Manikanta Patwari Age. 26 yrs, Occ. Private Employee Rio. Flat No. 302, Apex Crown Apartments Om Nagar Colony, Golconda, Hyderabad. ...PETITIONERS/ACCUSED NOS.1 to 7 lN BOTH PETITIONS AND

1. Manikanta Patwari, S/o. Narasimha Rao Patwari Age. 31 yrs, Oic. Private Employee R/o. Flat No. 501, Bandlguda Jagir Rajendranagar Mandal, Ranga Reddy diskict Telangana State.

2. Sudha Patwari, Wo. Narasimha Rao Patwari Age. 54 yrs, Occ. House hold R/o Flat No.501, Bandlguda Jagir Rajendranagar Mandal, Ranga Reddy district Telangana State.

3. Narasimha Rao Patw'bri, S/o. Rajeshwar Rao Age. 68 yrs, Occ. Nil R/o. Flat No. 501, Bandlguda Jagir Rajendranagar Mandal, Ranga Reddy district Telangana State.

4. Vittal Rao Bellary, S/o. Bellary Nagaraj Rao Age. 64 yrs, Occ. Nil Rl/o. Flat No- 501, Bandlguda Jagir Rajendranagar Mandal, Ranga Reddy district Telangana State.

5. Shirisha Nizalapur @ Shirisha Patwari, Wo. Vamshi Vallabha Nizalapur Age. 34 yrs, Occ. House wife R/o. Flat No. 402, Plot No. 142 Yijaya Praveena Residency Near Golden Temple, Secretariat colony Manikonda, Puppalaguda, Rajendranagar Ranga Reddy District, Telangana.

6. Vamshi Vallabha Nizalapur, S/o. Nizalapur Kishan Rao Age. 39 yrs, Occ. Private Employee R/o. Flat No. 402, Plol No. 142 Vijaya Praveena Residency l.Jear Golden Temple, Secretariat colony Manikonda, Puppalaguda, Rajendranagar Ranga Reddy District, Telangana. . 7 . Kkan @ B.Kiran Kumar, S/o. Ramesh Baroorkar Age. 41 yrs, Occ. Private Employee R/o. B-4'1 , SBH Colony, Saidabad Malakpet, Hyderabad. RESPONDENTS/PETITIONERS /ACCUSED NOS.,I TO 7 IN BOTH PETITIONS

8. The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature For the State of Telangana at Hyderabad. RESPONDENT IN BOTH PETITIONS l.A. NO: 2 OF 2025 Petition under Section 359(6) r/w 528 of BNSS, 2O23 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to permit the petitioner/Respondents/Accused No. '1 to 7 to file the compromise petition in Crime.No 198 of 2024 of P.S Lungerhouz' Hyderabad,; l.A. NO: 3 OF 2025 Petition under Section 359(2) r/w 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to quash the FIR in Crime No. 198 ol 2024 ' P.S Lungerhouse, Hyderabad, against the Respondents/Accused nos. 1 to 7, in view of the compromised entered between the petitioner and RespondentsiAccused Nos. 1 to 7,; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S SOMESHWAR RAO, Advocate for. the Petitioners and Sri Jithender Rao Veeramalla, Addl, Public Prosecutor on behalf of the Respondent No 1 and Sri Narain Chakravarthy, Advocate appear for the Respondent No.2; The Court made the following: ORDER &* THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.5396 OF 2025 COMMON 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 petitioners in Crime No. 198 of 2A24 of Langerhouz Police Station, Hyderabad.

2. The petitioners are arrayed as accused Nos.1 to 7 in the Crime registered for the offences punishable under Sections 420, 498-4, 406, 506 of the lndian Penal Code, 1860, Sections 3 ano 4 of the Dowry Prohibition Act, 196'1 and Sections 3(1)(w)(i), 3(1)(w)(ii) 3(1)(r)(s)(c) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Amendment Act, 20'15. 3 Heard [\rlr.S.Someshwar Rao, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla. learned,Additional public prosecutor, representing the respondent No.1-State and Mr.K.Narain Chakravarthy, learned counsel for respondent No.2lde-facto complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A Nos 2 and 3 cf ZOZ5 with the pr"VEi t -.._!ermit them to enter into compromise and by recording the setflement to 2 ,\7lt,i L..1.\0i.2 antl ) a/'2U2t nidni (.rl.l).\0. i )94 0.J 102i I quash the proceedings against the petitioners/accused Nos.1 to 7 in Crime No. 198 of 2024. 5' This court vide otdet dated 21 04.2025 referred the parties to the High court Legar Services committee for identification and to verify the voluntariness in arriving the setflement. The secretary, High court Legar services committee, has submitted report dated 02.05.2025 stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/rdentity cards and the enquiries reveared that the parties have wilrfully and without coerqon entered into settlemenUcompromise.

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

7. Having considered the ailegations, the charged offences, which are essentiarry matrimoniar and inter-personar in nature and taking into account the amicabie setflement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. Stafe of Punjab and anotherl and Anil Mishra v. Sfafe of IJ.p.2; State of Madhya Pradesh v. Laxmi Narayan and otherss, this Court is of the considered view that quashment of the impugned proceedings in view of '.2012 (to) scc 303 ' 2024 INSC 189 3 zors 1s; scc oaa )J .\ltu | '1.\..).;.!,ttl i o/ ll)2i rtt/,Ln:t (.ri.P.\rt.; )lt6 ol 202 i the settlement by exercising jurisdiction under section 482 cr.p.c.l52B of BNSS, 2023, would be in the interest of justice B. Accordingly. l.A.Nos.2 and 3 of 2025 are allowed. Consequenfly, all proceedings in crime No. 198 of 2024 of Langerhouz poilce Station, Hyderabad, are hereby quashed against the petitioners/accused Nos. 11o7. o ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall sland closed //TRUE COPYII SD/- MOHD. ISMAIL DEPUTY REGISTRAR t SECTION OFFICER To,

1. The Vl Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad 2. The Station House Officer, Langerhouz P.S., Hyderabad 3. One CC to SRl. S SOMESHWAR RAO Advocate [OPUC] 4. One CC to SRl. K NARAIN CHAKRAVARTHY Advocate IOPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 6. Two CD Copies (Alongwith a copy of Joint Memo of Compromise) VSM/gh HIGH COURT DATED:0910612025 9 t * LUj5 2 2025 )(i * |:D ORDER IA.NOS.2&30F2025 IN/AND CRLP.No.5396 of 2025 ALLOWING THE IA.NOS.2 & 3 OF 2025 AND DISPOSING OF THE CRIMINAL PETITION 1 // b v If 2L JOINT MEMO FILED ON BEHALF OF THE PETITIONE RS AND RESPONDENT May it please your Honour; It is submitted that as per the advice of the elders and well wishers, the matter has been compromiscd out of the court between [he respondent / defacto complainant and petitioners/accused no.l to 7, and the in pursuance of the said compromise the respondent/defacto- complainarit has agreed to withdraw the complaint and hence no objection to quash the F.l.R. in Crime.No. 198 ol 2024 of i P.S.Lungerhouz, Hyderabad, for the offences punishable under sections. 420,498-A,406,50'6 I.P.C, SECTIONS 3 & 4 OF Dowry Prohibition ACT-1961, & Sec. 3 (1) (w) (i), 3 (3) (w) (i0, 3 (1) (r ) (s) (c )of SC ST POA Act., against the petitioners/accused no. 1 to 7. Hence, it is prayed that the Honble Court may be pleased to quash the F.I.R. in Crime.No. 198 of 2024 of p.S.Lungerhouz, Hyderabad, for the offences punishable under sections. 42O,498-A,406,S06 I.p.C, SECTIONS 3 & 4 OF Dowrjr prohibition ACT-1961, & Sec. 3 (t) (w) (i), 3 (3) (w) (ii), 3 (i) (r )(s) (c )of SC ST pOA Acr., against the petitioners/accused no.l to 7., in view of t]le compromise entered between the petitioner and respondent/accused No. 1 to 7, in the interest ofjustice and be pleased to pass such other order or orders as this Hon'ble Court deems ht and proper in the circumstances of the C SC. Lo A. 1. t^iY-YY 4 /1<--L - 22 z f'suJh.r- 5 9v 3 6 1w Defeto conipiainant k". COUNSEL FORP ONER/befacto complainant COUNSEL FdR RESPONDENTS/ACCUSED NO. I TO? PLACE::HYDERBAD D1\TED::U144-2925