The High Court · 2025

1 The State of Telangana.,, Represented by Public Prosecutor, High Court' Hyderabad. .RespondenURespondent in l.A.Nosr.3 & 4 of 2O25

2. Polaboina Bikshapathi, S/o. Ramudu, Aged about 25years;, Occ..Agriculture R/o. H.No. 3-91 , Shivanagar village, Jinnhram Village, Sar ga Reddy District. ...RespondenUPetitioner/Accused in l.A.t'los.3 & 4 of 2025 Petition under Section 359 (6) of BNSS praying that in tne circumstances slated in the Memorandum of Grounds of criminal Petition, tre High court may be pleased to permit the petitioner/ defacto complainant tc compromise the offences under Sections 366-A, 376(2) IPC and Section 5 rlvr 6 of POSCO Act, 2012 and section 9 of Prohibition of child Marriage Act and consequently quash the F.l.R No.109 of 2O23 on the file of P.S Jinnaram, Sangzr Reddy District' in the interest of Justice. l.A. NO: 4OF 2025 Petition under section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, trt; High court may be pleased to record the compromis between the Petition<rr and Respohdent no.2 and consequently quash the F.l.R No. 109 ot 2023 or the file of P.S Jinnaram, Sanga Reddy District, in the interest of Justice. This Petition coming on for hearing, upon perusing tl-e Memorandum of Grounds of Criminal Petition and upon hearing th e arguments of sri P.V.L.Bhanu Prakash, Advocate for the Petitioner and the Sri Jithender Rao Veermalla, Additional Public Prosecutor on behalf of the Rer;Srondent No.1 and Sri Baddam Aravind Reddy, Advocate for the Respondent No. 2. The Gourt made the following: COMMON ORDER /:/ /' THE HONOURABLE SR! JUSTICE N.TUKARAMJI l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETI TION No.5388 OF 2025 COMMO N 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 in F'l'R'No'109 of 2Q23 on the file of the P.S.Jinnaram, Sanga Reddy District'

2. The petitioner is the sole accused in the Crime No'109 of 2023 registered for the offence punishable under section 363 of lndian Penal Code, 1860.

3. Heard Mr.P.V.L.Bhanu Prakash, learned counsel for the petitioner' Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.Baddam Aravind Reddy' learned counsel for the respondent No'2/de-facfo complainant'

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A'Nos.3 and 4 of 2O25 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioner/accused in F'l'R'No'109 of _2023 / 2 NTR, 1t1..\r,t.) and4 of 2'025 in/and CrLP.No.5 r88 of 2O25

5. This Court vide order dated 17.06.2025 referred the parties to the High Court Legal Services Committee for identificatiorr and to verify the voluntariness in aniving the settlement. The Secretary, -ligh Court Legal Services Committee, has submitted report dated 24.0(i.'2O25 stating that the parties were identified by their respective courrsel and also on verification of Aadhar Cards/ldentity Cards and the errquiries revealed that the parties have willfully and without coercic,n entered into settlemenUcompromise.

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

7. The accusations against the petitioner/accused in the Police Report lodged by the respondent No.2/de-facfo complainanUfatrer of the victim girl are that the petitioner/accused kidnapped rhe victim girl. Having considered the allegations, the statement in the J,rint Affidavit that the petitioner and victim girl got married and living together and the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gran Singh v. Sfale of Punjab and anothert and Anit Mishra y. Stafe of l!.P.2; State of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the corrsidered view that ' 2012 (10) SCC 303 'z zo24 INsc 189 3 2or9 (s) scc 688 3 ^r&/ IA.Not.3 and 4 oJ2025 in/and CrlP.No.5j88 of 2025 quashment of the impugned proceedings in view of the seftlement by exercising jurisdiction under Section 482 Cr.P.C.l52B of BNSS, 2023, would be in the interest of justice.

8. Accordingly, I.A.Nos.3 and 4 of 2O25 are allowed. Consequently, all proceedings in F.l.R.No.1O9 of 2023 on the file of the P.S.Jinnaram, Sanga Reddy District., are hereby quashed against the petitkrner/accused.

9. ln the above terms, the Criminal Petition is disposed of. Peniling miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/- M.OSMAN ALI BAI TANT GTION OFFICER To, 1 2 3 4 5 6 The Judicial First Class Magistrat-cum-Special Court at Sanagreddy. The Station House Officer, Jinnaram Police Station, Sangareddy District. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] One CC to Sri P.V.L. Bhanu Prakash, Advocate IOPUCI One CC to Sri Baddam Aravind Reddy, Advocate [OPUC] Trrc CD Copies I I NVB/Ch HIGH COURT DATED:0110712025 . ,-^_- ?t -{ * F li ;,,,'.'*-... ., ,.,r.\. ,..1 l' ( t); COMMON ORDER l.A.Nos.3 AND 4 OF 2025 ln/And CRLP.No.5388 of 2025 i rtT 2p5 :i c'' ra DISPOSING OF THE CRLP AND ALLOWING THE IA.Nos.3&4OF 2025 u/ ^