The High Court · 2025

High court of 2 4 tJl p : T,! : ;:,o# :^.S:,:Hff i yu s h K u m a r pa r j m i, s/o,yi y K: ;".,T, Bi: rir"r, N;;;;^'il;,h Encrave,New i5,,*iil3, E3-j;3-i,l?1h, "" ;; ! ja v x u rn, r' e,; ;l: fi"ij"d Jy"T,.?:&fl'J:i l;jil ff #b Emp R/o 2-2- 1 1 64tA. Titaft^frl2gs1, rirr.ril-E"1"r#, New Nailakuntam, PO Nailakunta , Hyderabad O"tri""t f"frngrll S-,'#,. Krzwana Parimi, Wo Viiav I parimi Aged about 50 years, Occ. House Wife, nto Z_Z_Ircitfumar " ru,rrar,,niaii' p61r:;ffi;[',];jJ;ffJ J[i#1ffi*: :X" ...RESPONDENTS/PETITIONERS/ACCUSED NOS.l TO 3 IN BOTH PETITTONS t.A. NO: 10F 2025 . petition under section 359(6) riw 528 0f BNSS, 2023 prayingthat in the crrcumstances stated in *re_trlemoiano;r;;#;:of criminal petiiio4,the Hign 3;# ffi',ffi ,:["&'*to,permission t" ""r-p"*iihe orrences, and quash the t"t of Amberpet women Police siri,#,"elli"i"i" Hvderabad District for rnu ,= )ttences U/s 498(4), 406 lpc 4 6 D.p. n"i,,, -"-. -", I.A. NO:2O F 202s ' .' petition under sectioS. 359(2) rtw 528 0f BNSS, 2023 praying that in the crrcumstances stated in *,e uemoia,no;;;;H#:_of Court may be pteased ro r.:ggrd tte comp.-oirr"tJ.?lo.gyrrl the proceedings against petitioners/ Accused. NosJ i":',;;H: No.1g8t2o24 0n the fire of 0[t ffi,iU:i.:; ,,T.tSH"-e"" .i"", Ir'lli,o"o o,.t,[t r", n="u. _ Advocate r- init b"titlli.':,i:i!::J,:iil::# e,iJ1.#flil r# Grounds of criminal petitiel id:!: i::T: R:l;x;L'1"-:?"# "' r he Court made the foflowing: bnOen on for hearing,upon perusrng the Memorandum of ?y5,t ni"l'l"ll,oT,i e, n u r, s",i,iil io *ll* This Petition comino on for har.;^^ petiion.the 'in.'In ,Criminat High THE HONOURABLE SRI JUSTICE N.TUKARAMJT l.A.Nos. 1 AN o 2(.j^F 2025 ln/And CRIMINAL PETI TION No. s407 0F 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for slrort 'BNSS' 2023')' seeking quashmentoftheproceedingsagainstthepetitionersinCrimeNo'198of 2024 ofAmberpet Women Police Station, East Zone' Hyderabad' The petitioners are arrayed as accused Nos l to 3 in the Crime 2 registered for the offences punishable under Sections 498-4' 406 of the lndian Penal code, 1860, sections 4 and 6 of the Dowry Prohibition Act,

3.Heardlvlr.Mohd.omer,learnedcounselforthepetitioners, Mr-JithenderRaoVeeramaila'learnedAdditionalPublicProsecutor, representingtherespondentNo..l-StateandMr.BanukaSainath,learned counsel for responden I No-2lde-facto complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved LA.Nos.1 and 2 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners/accused Nos.1 to l. in Crime No. 198 of 2024. { --! 2 .\ TRJ l. 1.\r,..t Lni I a: l()li ;tiati C.rt. P.)',0. i 1l)- ol 2r)):t

5. This Court vide o.der daled 21 .04.2025 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 Serviies Committee, has submitted report dated 28.04.2025 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 counsei 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 v. Sfate 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 proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr-P.C.1528 of BNSS, 2023, would be in the interest of justice )012 \1Ol SCC 303 'Z 2024 lNSC 189 '2019 (5) scc 688 v 3 \'/R./ I. l.\r,.' I dnd 2 oi 202i inia*l ('rt.P..\a.;10/ ol 2()l )

8. Accordingly, l.A.Nos 1 and 2 of 2025 ate allowed' Consequently' all proceedings in Crime No 198 of 2024 of Amberpet Women Police Station, East Zone, Hyderabad, are hereby quashed against the petitioners/accused Nos-1 to 3' o ln the above terms, the Criminal Petition is disposed of' Pending miscellaneous applications, if any' shall stand closed i I i ,/TRdE COPY/, i SD/. MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER \ To,

1. 2. J, 4 5 6 Two CD CoPies The Xlll Addl. Chief Metropolitan Magistrate' Nampally' Hyderabad The Station House Officer, WF' E';t Zone P-S ' Hyderabad ?ffi EElt:i[HffisiffiH4ffi :md e ra b a d (o Ur, iffi";fi;""Lpv of Joint Memo of compromise) VSM/gh qv- HIGH COURT DATED:09 tl6t2O2S ORDER !A.NOS.1 &20F2025 IN/AND CRLP.No. S4O7 of 2025 ', t. -) / Y .-\ :, : \ .\ 0 2 sEP 2025 ,:' -,. ! I .,, ALLOW DISPOS ING THE IA.NOS.I & 2 OF 2025 AND ING OF THE CRIMINAL PETiiIOI.i- ?n- \5 ,) e-J I I r' 2 Marala Nagavalli Srilekha, D/o M Nagtsh' ntea aUout 26years, Occ: hrt' Organization' F.to z z-t t64lA; Tilak Nagar, Tirumala Enclave,New Nallakuntam' pO wattat-rinta , Hyderabad District Telangana State' ...Respondents/ ComPlainant oir coltPROMISE JOINT MEMO i t It is submitted that the above petition was hled to quash 1. ' '' '- ^cused Nos' I to 3 in the proceedings against the..petrtroner/accuse" t.l:"' --:,_ Crime No-798 l2O2+ on, the file of Amberpet Women Policc 11 'r for the offences U/s Station, E;asL Zone, Hyderabad Distrtct 498(A), 406 IPC 4 & 6 D'P' Act' - As both the parties have come to an understanding' and misgivings were sorted 2 initial misunderstandings the 2nd ResPondent/ Defacto amicablY, and therefore' complainant, is not interested to prosecute the petitioners arry longer in view of the settlement and compromise arrived at between the Parties herein' AS

3. It is submitted memo for recording Rs.3,50,000/-(Three Petitioner/A1 given complainant towards spent by the First Petitioner/A1 at the time of marrlage as and final settlement petitioners /Accused Nos' 1 to 3 ald that, the Memorandr'rm of compromlse full and final Settlement Settlement .of Lakhs FiftY Thousand Lakhs )to l"t by the 2nd ResPondent/defacto- marriage expenditure amount which rvas fu11 r L 0 ?: $M i I I I d defacto-complainalt agreed the same and to mutua-l divorce ' between the I "r petitioner/Accused No. 1 -and Defacto_ complainant/2"d respondent for dissolve of the marriage was performed on 06_02-202 l. Now both partres came forward to a settlement as under this terms ald conditions.

4. It is submitted that, after the settlement, the 2nd respondent/complainant shourd never Iile any civil arrd Criminal cases against the p6titioners/Accused arrd his family members. The 2n,1 respondent/complainant should never ; interfere in the petitioners/ Accused and his iamily -...rn..t life ald petitioner/Complainant would not have any rights to ttre properties of the petitioners/Accused and his famiiy 'r members, t 5. It is submittecl that, the 2.d respondent/Complainalt "agrees to give divorce to the petitioner No. l/Accused No.1 wttholt any- ccnditions. The 2.d respondent/complaina,t agreed to the above mentioned terms and conditions for her permanent alimony of her entire life. If anyone of the both parties violate or breaks the conditions mentioned in this memo tJ.en legal action would be taken against :.*lr:-r""d tne vrolated partv.

6. This Compromised memo is the both parties. the full and final settlement of Therefore, the joint memo of compromise seeking pemrission of this Hontrte Court, to rs being filed compound the fll$\l'- f){j o I I I L $ r- offence ald to record the compromise and to quasli the proceeding in the above Crime No.19g/2O24 on the hle of Amberpet women porice Station, East Zone Hyderabad District for the offences U/s a98(A),406IpC 4 & 6 D.p. Act. It is therelore prayed that the. Hon,ble Court may be pleased to receive the joint memo of compromise and to permit the petitioners and the 2nd respbndent to compound the offence Pe er No. 1 Pe r No.2 Petitionei No.3 Counsel for the petitioner Counsel for the Respondent No.2 t Respondent No.2