The High Court · 2025
Case Details
ic Prosecutor High Court for the State oni Bichanna, Age: 43 years, Occ pondents/De-facto Com plai nant Petition under Section 528 of B. N. S stated in the Memorandum of Grounds of C be pleased to quash the proceedings in Cri Patancheru, Sangareddy for the offence U/s of POCSO Act, 2012, Sec 9 & 10 of Chitd M the interest of justice. . praying that in the circumstances iminal Petition, the High Court may e No.116 ol 2024 registered by p.S 63, 376 (2) (n) lPC, Section 5 and 6 rriage Act against the petitioner, in l.A. NO: 1OF 2025 Petition under Section 528 of BNSS stated in the Memoiandum of Grounds of C be pleased to grant stay of all further pro registered by P.S Patancheru, Sangareddy lPC, Section 5 and 6 of POCSO Act,2012, against the petitioner. praying that in the circumstances minal Petition, the High Court may edings in Crime No.116 of 2024 r the offences U/s 363, 376 (2) (n) ec 9 and 10 of Child Marriage Act l.A. NO: 2 OF 2025 Between: Sanganamoni Laxmaiah, S/o Sanganamo Labourer R/o 341, WC, Nizamabad Dist M AND 1 The State of Telangana, rep. by its publi of Telangana. Hyderabad. i Bichanna, Age: 43 years, Occ habubnagar ... Petitio n erlCom pla in a nt Prosecutor High Court for the State i
2. Mondi Thirumalaiah @ Thirumalesh, S/o Pentaiah, Age: 31 years, Occ Mason R/o Gundyal village, Hanwada Mandal Mahabubnagar District ... Respondents/Accused Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the complainant to compound Crime No.1 16 of 2024 registered by P S Patancheru, Sangareddy U/s 363, 376 (2) (n) lPC, Section 5 & 6 of POCSO Acl,2012, Sec 9 & 10 of Child Marriage Act registered by Police Patancheru against the respondenUAccused. l.A. NO: 3 OF 2025 Petition under Section 359(2) of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the terms of compromise in Crime No.1 16 of 2024 registered by P.S Patancheru, Sangareddy U/s 363, 376 (2) (n) IPC Section 5 and 6 of POCSO Acl,2012, Sec 9 and 10 of Child Marriage Act registered by Police Patancheru against the respondent/Accused. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. N. Manohar, Advocate for the Petitioner and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of Mr. M. Parma Reddy, Advocate for the ResPondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRIJUS ICE N.TUKARAMJI l.A.Nos.2 AND 3 F 2025 ln/And CRIM IN AL PETITION N . s412 0F 2025 COMMON OR DER This Criminal Petition is filed u Nagarik Suraksha Sanhita' 2023 (tor der Section 528 ot BharatiYa short 'BNSS, 2023'), seeking quashment of the proceedings against t e petitioner in Crime No.116 of 2024 ot Patancheru Police Station' Sang reddy District
2. The petitioner is the sole accuse offences punishable under Sections 36 Code, 1860, Sections 5 and 6 of the P Offences Act, 2012 (for short 'POCSO Prohibition of Child Marriage Act' 2006' in the Crime registered for the , 376(2Xn) of the lndian Penal tection Of Children from Sexual ct'), Sections 9 and 10 of the
3. Heard Mr. N' Manohar' learn Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No 1-State nd Mr. M.Parma ReddY, learned counsel for the Petitioner, counsel for the respon dent No'21 de4acto complainant.
4. Pending this petition, the parties h ve entered into the comPromlse and, accordingly, they moved l A'Nos'2 d 3 of 2025 with the Prayer to 2 NTIV
1...1.)',t.' )u )o/ 202iin/,nd { r/.P.Xrt. t112 oJ 202 i permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioner/accused in Crime No.116 of
2024. \
5. This Court vide otder daled 21 .04.2025 referred the parties to the High court Legal services committee for identiflcation and to verify the voluntariness in arriving the setilement. The Secretary, High Court Legal services committee, has submitted report dated zg.o4 2o2s 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 counsel and perused the materials on record 7 - The accusations against the petitioner/accused in rhe police Report lodged by the respondenl No.2lde-faclo complainanvfather of the victim girl are that the petitioner/accused induced the victim girl on the pretext of love and sexually exploited her. Having considered the allegations, the Affidavit of respondent No 2/de facto complainant disclosing that the petitioner and victim girl got married, living together, they blessed with a \. child and the amicabre settrement between' the parties and to restore 3 \rR./ l..l.Not. 2 and ) oJ 1025 u/ dnl Cr/.1'.N0. >1 I 2 o1 202 i peace among them, in the light of the di Punjab and anotherl and Anil Mish Madhya Pradesh v. Laxmi NaraYan a ums in Gran Singh v. State of v. Stafe of u.P.2; State of d others3, this Court is of the considered view that quashment of the i pugned proceedings in view of the settlement by exercising jurisdiction u der Section 482 Cr.P.C.1528 of BNSS, 2023, would be in the interest of j stice.
8. AccordinglY, l.A.Nos.2 and 3 of 2 all proceedings in Crime No.116 of 202 25 are allowed. ConsequentlY, of Patancheru Police Station, Sangareddy District, are hereby quashed against the Petitioner/accused
9. ln the above terms, the Criminal P tition is allowed Pending miscellaneous application , if any, shall stand closed. t zorz (to2 Scc 3oa z Qttz$ aNSc t89 3 2oe (f) sec G* SO/. A.V.S.PRASAD DEPUTY REGISTRAR //TRUE COP I SECTION OFFICER To, 1 2 J 4 5 6 The Judicial First Class Magistrate (Exci The Station House Officer, Patancheru p Two CCs to the Public Prosecutor, High Hyderabad. [OUT] One CC to Mr. N. Manohar, Advocate [O One CC to Mr. M. Parma Reddy, Advoca Two CD Copies & Prohibitions) at Sangareddy lice Station, Sangareddy District. ourt for the State of Telangana at UC] loPUCl (Along with a Copy of Joint Memo of C mpromise) kam/PSL 6 1 HIGH COURT DATE D : 0 910612025 \1 1H€ S14 14: o o 13 AIJE zlfi 6, : i t {.tr COMMON ORDER l.A.Nos.2 and 3 ot 2025 ln/and GRLP.No.5412 of 2025 ALLOWING BOTH l.As AND CRIMINAL PETITION o)w;"t g,- 1@{ i IN THE HIGH COURT FOR THE AT: HYDERA D E OF TEIANGANA Crl. Petn.No fqt 3 of2O25 Between: tt/londi Thirumalaiah @ Thiramalesh S/o P"ntrirh aged 31 years' Occ: lVlason RIL Cunayat village, Hanwada lVlandal lVlahabubnagar District AND '1 Sanganamoni Laxmaiah S/o Sanganamo Aoed 43 vears, Occ: Labourer Rio 3-a1, VTC, Nizamabad Dist [r4ahabubnagar
2. The State of Telangana rep. bY its Public Prosecutor High Court for the state of Telangana ... Petitioner/ Accused iBichanna .Respondent / ComPlainant ]OIN T MEM O FIL EDBYT E PETITIONER AND DEFAcro-coM LAINANT S a Y t h a e e p ea a m aI t a n S ea c P The peti[ioner and de facto complai above matter is settled out of the court o t e t h h b m a I re Stered 2 n ( tVlarriage Act against the petitioner an orders as this Hon'ble Court may deem fit of the case. no C h t e d to a U h n C er U h S e c o n E & 6 o P o ant respectfullY submit that the nd the Parties herein confirms er and that this Hon'ble Court ro Ceed gs rn Crime No. 116 of 2024 for the offences U/s 363, 376 Sa s ed n a r 1., 2012, Sec 9 & 10 of Child o S to pass such other order or nd proPer in the circumstances CP a S S b d h t f P P ) ) ,^,f , o?A"SlOot,/ PETITION ER. s .--I3 -1.:;1 DE FACTO COMPLAINANT COUNSEL FOR PETITIO NER. OUNSEL FOR COMPLAINANT