The High Court · 2025

4. Sri Gaurav Agarwal, S/o. Satish Narain Agarwal, Aged about 42 years, Occ- Private Job, Rio H.No. A-143, Near Ryan School, Govindpuram, Ghaziabad, Uttar Pradesh State- 20'10'13

5. Smt Ruchi Agarwal, Wio. Gaurav Agarwal, Aged about 41 years, Occ- Private Job, R/o H.No. 4-'143, Near Ryan School, Govindpuram, Ghaziabad, Uttar Pradesh State, 201 01 3. ...PETITIONERS /ACCUSED 1 TO 5 AND

1. The State of Telangana, through S.H.O., Chandanagar Police Station, Cyberabad Commissionerate, R.R. District, rep. by its Public Prosecutor, High Court, Hyderabad. .. Respondent No. 1

2. Smt. Akshta Agarwal, Wo lVlukand Agamal, D /o Sri Arun Kumar Agarwal Aged about 34 years, Occ- Housewife, R/o. FIat No. K 005, Manjeera Diamond Towers, Gopanpally, Seriligampally, Currently staying at H.No.668, Sector 31, Faridabad, Haryana, 121003. ...RESPONDENT No.2 /COMPLAINANT Petition und€,r {;ection 528 of BNSS praying that in tlte c r()umstances stated in the ltz'lerroranri um of Grounds of Criminal Petition, the High )ourt may be pleased to quash the <,rimrnal proceedings in C.C.No. 9369 of 2022 on the file of the lX Addt. Metroltol tan Magistrate, Cyberabad at Kukatpally, arrd quash the same, and to grant sur,h other relief or reliefs as this Hon'blr: Ccurt rleems fit and proper in the circr- mstarces of the case. l.A. NO: 1 OF 2025 Petition un ler S ection 528 of BNSS praying that in tlre oroumstances stated in the MenroranrJr-rm of Grounds of Criminal Petition,the Hrgh l)ourt may be pleased to grant t;tay (,f all further proceedings including personal aD[)earance of the petitioners in C C. ilo 9369 of 2022 on the file of the lX Addl t\letropolitan Magistrate, Cyberabad at Kukatpally, pending disposal of the Crinrina t,etition. l.A. NO: 2 &3 OF 2A2a, Between: Smt. Akshta Agarwal. \V/o lvlukand Agarwal, D /o Sri Arun Kumar Lgrrwal Aged lbout 34 yeals, Ctcr:- l-lousewife, R/o. Flat No.K 005, Irrlanjeera t)ianr-ond Tow5rs, Gopanpally, Senlillampally Currently staying at H.No.668,- Slect()r 3.t , Faridabad, Haryana, 121003. .. Petrtroner/ Respondent No. 2 in both I A.Nr,s 2 and 3 of And 1 2 a 4 q t) Sri Mukund Aggnvql S/o. Satish Narain Agarwal, Aged abo-rt 3l,r ,7esr., O""- Private Job Fl/o Flat No K 005, Manjeera Diam5nd Torarers, ()opanpally, !erilingampally lelangana State. Curr6nfly residing at H/No. A.i43, 'Ne;r Ryan Schoc l, '3o'rindpuram, Ghaziabad, Uttar prades-h Sjtate -20 lt 1 3. Sri.Satish NarainAganrual, S/o Late IVIohnisyam, aged aboLrt Zz l,ears, Occ- Retd Employee, R/o H_No. A-'143, Ryan Sihool, Govindpuram i3haziabad, Uttar Prades;h State - 2010'13 9Tl Nlgghy {9anval Wo Satish Narain Agarwat, Aged ri4 yt:ars Occ- House hold, R/o^ H N,: Near Ryan School, Govind-puram,' 3ha;:iirbad, Uttar Pradesh State -,211013 Sri Gaurav ,\garr,r,al, S/o. Satish Narain Agaruval, Aged aboLrt 42 1ears, Occ- Private Job, R/o ll.No. A-143, Near Ryan-School, 6ovindpuram ilhaziabad, Uttar Pradesh State- 201013 Smt Ruchi Agarw.ll, Wo_.Gaurav Agarwal, Aged about 41 years, Ccc_ private -Govindpuram. rjha;l,izrbaO, Utiai Job, R/o H. \c . I -143, Near Ryan- School, Pradesh State 2C1013. .. Respdndents '1 to 5 / petitibne.s in botl The State -of Tblangana, through S.H.O., Chandanagar potice Station, Qyberabad Oornnissionerate, R R. District, rep. by its public eros,e:utor, irgh Court, Hyderabrad .. Respondent No. 6 /'Respondelt Nr:.. in Obtn- -r\-143, I.A. No. 2 of 2025: Petition under section 359 (6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar ietiiion,the High court;;y-;" pleased to permit the petitioner to fire petition to compound the off6nces ,, p"i th. compromise [\/emo and to quash the proceedings in cc No.936g of 2022 on the file of the lX Additionar tvretroporitan Magistrate, cyberabad at Kukatpafly. l.A. NO:3 OF 2025 Petition under section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition,ttre High court may ue pleased to compound the offelces as per the Compromise Memo and to quash the proceedings in cc No.9369 of 2022 on the fire of the IX Addiiionat Metropolitan Magistrate, Cyberabad at Kukatpally. These Petitions coming on for hearing,upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Sri K. RATvIANJANEYULU ,Advocate for the petitioners in crl.petition and Respondent No 1 to 5 in LA.Nos. 2 and 3 of 2025 and sri Jithender Rao Veeramaila, Additional Public Prosecutor on behalf of the Respondent No.1 in crl.petition and Respondent No.6 in r.A.Nos. 2 and 3 of 2o2s and of Ms. B. RAJESWART, Advocate for the Respondent No. 2 in crl.peititon and petitioner in r.A.Nos. 2 and 3 of 2025. The Court made the following COMMON ORDER: /i THE HoNOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 0F 2025 ln/And CRIMINAL PETITION No. 5422 OF 2425 COMMON ORDEIT This C)rirnirral Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS. 2023 ) seeking quashment cf the proceedings against the petitioners/accuse'l Nos '1 to 5 in C.C.No9369 of 2022 on the file of the learnel ll( Additonal Metropolitan Magistrate, Cyberabad, Kutatpally

2. The petitiorrers are arrayed as accused Nos.1 to 5 in thrl Calendar Case registered for the offences punishable under Sections 498-4' 354, 509 of the lndian Penal Code, 1860 and Sections 3 anc 4 of the Dowry Prohibition Act 1061

3. Heard t\4 r. t(. Ramanjaneyulu, learned counsel for the petitioners, Ivtr.Jithender [iar: Veeramalla, learned Additional Public I]rosecutor, representing the respondent No.1-State and Ms.B Rajt:shvvarri, learned counsel for the respondent No.2/de-facto complainant.

4. Pendirrg th s petition, the parties have entered into the compromise and, accordingly respondenl No.2lde-facto complainar't filerl lA'Nos 2 and 3 of 2025 with the prayer to permit them to enter rnto compromige- and by recorclingt the settlement to quash the oroceedings' against the petitionersiaccus,:d Nos.1 to 5 in C.C.No .?3eiot ZOZZ 2 ^r]&/ lA.Not.2 atd ) of 2025 u/azrl Cr/.P.N0.5422 of 2025

5. This Court vide odet dated 29.04.2025 referred the parties to the High court Legal services committee for identification and to verify the voluntariness in arriving the setflement. The secretary, High court Legal services committee, has submitted report dated 30.o4.2025 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 settlemenUcom prom i se.

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 anothe/ and Anit Mishra y. Sfate of lJ.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 L 2012 (1o) scc 303 2 2024 INSC t8g 3 2019 (5) scc 688 \ \ 3 ATRJ I .1.\,:..1 ad ) 0J2025 h/and (.r,'.P i',a.i122 oJ 2025 the setflement by exercising jurisdiction under section 48,z Ct .!'>.c.1528 of BNSS, 2023 would be in the interest of justice.

8. Accorclingly, LA.Nos.2 and 3 of 2025 are allowed. Corsequently, all the proceedinrls in c.c.No.9369 of 2o22on the file cf th,,l learned lX Additonal I/letropolitan Magistrate, Cyberabad, Kutatpally, are hereby quashed against the petitioners/accused Nos.1 to 5 o ln the ab,ov3 terms, the Criminal Petition is disposed of. Pendirrg miscellaneous applications, if any, shall stiand ':losed //TRUE COPY// SDr- N. SRIHARI bepulr REGISTRAR r SECTION OFFICER J Medchal Malkajgiri Distsrict. Commissione rate, Medchal Malkajgiri District' To, 1. The lX Additic,nal Metropolitan Magistrate, Cyberabad' Kuk:atpally, z. i'tr" siitiot, noi,-"" <inii"t, Chandanag-qr Police Staticn' Cyrerabad -' g. i*o ccs tr: public pioieiutor, Ftiln court for the State o1''l'elangana at 4. ci,n; i-a i" brtt. x. naUaTJANEYULU Advocate [oPUc] 5. One CC to Ms. B. RAJESWARI, Advocate (OPUC) 6. Two CD CoPi,:s Hyderabad (C UT) ( along with a r;opy ioint memo of compromise ) kul/gh 5 -..1._..r?xii-:..*r., HIGH COURT OATEDi12lOGl2O25 COMMON ORDEIT t.A. NOS. 2 AND 3 0F 2025 IN/AND CRLP.No.5422 of 2025 l ril + + 1B .'UN 20fr !,r Si / rC\ I \ \ c .\ \' ALLOWIN(; TIII I.,'... NOS. 2 AND 3 OF 2025 AND DISPOSI\G 0F 'THE CRL.PETITION @..4'r I I I l IN THE HIGH COURT OF rE LAN Gi Nilcui+c,tly|*.ffi ,r. srArE o F Between: Crl.P.No. of 2O2S Mukand Agarwal and others And Petitioners/ A-1 to 5 1) Tlre State of Telangana, through S.H.O.. Chandana ga r eotic"e stitionl c,#;;;j com.m issionerate, R. R. oirtii.i -.Ip] "# public prosecutor, tign c"ri t, it, -irvo""i"d" j] 2) Smt. Akshta Agarwal, Wo Mukand Asarwat. D/o Sri Arun Klmar Agarwal -"- I rve' vvLr', 19_udjgo-9, 34 years, bcc: Ftcusewife. R/o._Ftat,No. !.o?unp.ulyl Seritiga mpaily :::::.t]y stayins ar H.No.668, sector 31, Faridabad , Haryana,,1210O3. ... Respondents _K005, Manjeer"-il;;;l rowers, OMP RO I E F LED BY THE PETITION S AN D2 ndR es on dent/l)EFACTO CO MPLAINA NT. E i'4O E

1. The petitioners are Accused No. 1 to 5 on the file of the IX Addl. Metropolitan Ma I(ukatpally. The Inspector of Chandanaga charge sheet U/Sec. 498 (A), 354, 509 of I.p. D.P. Act, against the petitioners and same CC.No.9369 of 2022 by the IX Addt. Cyberabad ai Kukatpalty. in C.C.No.936g of 2022 gistrate, Cyberabad at r Police Station filed C. and Sec. 3 and 4 of was taken on file as Metropolitan Magistrate,

2. It is submitted that, the 1st petitioner and de_facto complainant mutually applied to obtain divor t;T,;: Judse, Famity court, Faridabad. * is submi*":1t[JT agreed terms of Memorandum of Understandtng, the ,",i,"""r'.rl. the 2nd Re_spondent setiled their disputes und .ornp.orisecl wiilt the matter at the intervention of the elders. As per the compromise, the I 2nd Responcent has to withciraw the case institut(lc against the petition:rr; lr C.C.No.9369 of 2OZ2 on the file: ,cf the IX Addl. Metropc,litan Magistrate, Cyberabad at Kukatpally, retlir;tered U/Sec. 498 (A), i5.1, 509 oFI.P.C. and Sec. 3 and zl of D.F. Act. To have peaceful seti:lement, it is necessary for both of th -'m l-cr compromise with thr: ,rase since it is a coixpoundable offenc,l. [n view of the compro xise even if the trial is taken plabe, tl-rere, is no fruitful result in the case. In view of the above the c.lltinuation oF proceedin Es against the petitioners is nothing but h,lrassment to them ar'rd also abuse of process of the court and saic proceedings are Iiable tc, be quashed. It is tlerefore prayed that this llon'ble Court n.rey be pleased to quasr r:he proceedings agairrst the petition,:rs/Accr.rsed No:1 to 5 in C.C.Ncr.9369 of 2022 on the file of IX Addl lYetropolitan Magistrate, rlyberabad at Kukatpally and pass strch oiher order or orders rrs de:m fit a 1.,,b1 nd proper ir the circumstances of tre case. Counsel for t he Petitioners (lounsel for the Respondent No.2 I :)r:titio er No.1 t'l utti-an-'d ' -82& r)otitioner No.2 3;tijl, I 0V'.tf,., P9a1-''f ')r:titionere No.3 y.{4t}A )( )tit io n No.4 |r'^*J,f ., r,lrtitio$$ riro.s ft.uJ..r S',,!q- Ilest)c ndent No.2 "{,.. I 4^ i{ CLI Li Akrl.r