The High Court · 2025
Case Details
Acts & Sections
'1 . The State of Telangana, Represented by its Public Prosecutor' High Court for the State of Telangana, Hyderabad.
2. Gummadi Kondal Reddy, S/o. Anantha Reddy Aged about 36 years,. Occ. Agriculture - cum - Busihess, R/o H.No.1-31, Reddy Naik Thanda, Bhongir Mandai Yadadri - Bhongir District. ... RespondenUCom Plainants P6tition under Section 528 of Bhartiya Nagarik Suraksha Sanhita praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High Court may be pleased to quash the proceedings in S.C. No. 266 of 2O2O on the file of the Additional Judicial First class Magistrate at Bhongir in so far as the Petitioners/Accused No.1 to 4 is concerned. l.A. NO: 1 OF 2025 Petition under 528 of Bhartiya Nagarik Suraksha Sanhita 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 connection with s.c. No. 266 of 2O2O on the file of the Additional Judicial First class ltlagistrate at Bhongir, pending disposal of the Criminal petition- l.A. NO: 2OF 2025 BETWEEN: Gummadi Konda! Reddy, S/o. Anantha Reddy Aged about 36 years, Occ. Agriculture - cum - Busihess, R/o H.No.1-31, Reddy Naik Thanda, Bhongir Mandal Yadadri - Bhongir District. ... Petitioner/Defacto Complainant in lA.Nos.2 & 3 of 2025
1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana, Hyderabad. . ".Respondnet in lA.Nos.2 & 3 of 2025
2. Mudavath Venkati, S/o. lvlanya, Ageci about 55 years, Occ. Agrilculture, Caste. Lambadi, R/o. H. No. Gogili Thanda H/o. Jampally (V), Bibinagar (M)' Yadadri - Bhongir Diskict.
3. lVludavath Narsimha, S/c. Late N4anya, Aged about 43 years. Occ. Agriculture, Caste. Lambadi. R/o. H No. Gogili Thanda, H/o. Jampally (V); Bibinagar (M), Yadadri - Bhongir District.
4. Mudavath Wali, W/o. Venkati Aged about 50 years, Occ. Agiculture Caste. Lambadi, R/o. H No, Gogili Thanda H/o. Jampally (V), Bibinagar (M), Yadadri - Bhongir District.
5. IVludavath Kamala, Wo. Caste. Lambadi, R/o. H. Yadadri - Bhongir District Ramesh Aged about 35 years, Occ. Agriculture No. Gogili Thanda H/o. Jampally (V), Bibinagar (lVl), . . ..RespondenUAccused in lA.Nos.2 & 3 ot 2025 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 Petitioner/Respondent No.2/ Complainant to compromise the matter with Respondent/ Petitioner in the present Crl.P. No.5453 of 2025. l.A. NO: 3 OF 2025 Petition under Section 359 (2) Bhartiya Nagarik Suraksha Sanhita praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in^S.C. No. 266 of 2020 on the file of the Judicial First Class Magistrate at Bhongir in view of the compromise entered between the Petitioner and 2nd Respondent/Complarnant in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Chunap Anvesh Kiran ,Advocate for the Petitioners and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and Ms Nimmala Samnvitha, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER v THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 0F 2025 ln/And CRIMINAL PETITION No. 5 453 AF 2025 COMMO N ORDER This Crimrnal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2O23 (for short 'BNSS' 2023') seeking quashment of the proceedings against the petitioners in C C No 266 of 2a2a'onthefileoftheiear.nedAdclitionalJudicialFirstClasslVlagistrate, Bhongtr
2. The petitioners are arrayed as accused Nos 1to 4 in the Calendar Czse registereo for the offences punishable under Sections 324' 427 ' s1o read with Section 34 of the lndian Pena! Code' 1860
3. Heard lvlr C.Anvesh Kiran, iearned counsel for the petitioners' Mr.Jithender Rac Veeramalla, learned Additional Public Prosecutor' representing the respondent No 1-State and tvls Nimmala Samanvitha' learnedcounselfo!.therespondentNo.2/de-facfocomplainant.
4. Pending this petition, the parlies have entered into the compromlse and, accordingly, resoondent No 2ide-facto compiainant filed lA Nos 2 and 3 of 2025 with the pi'ayer tc perriit them tc enter intc comprcmibe and by recording the seitlement to quash the proceedings against the petitioners/accused Nos l to 4 in C C No 266 of 2020 2 laE N/lU -' l. 1.)'.r;.1 atttl ) ol 202) in/ * Crl.l).\0. ili ) ol 202i 5 This court vide ordet dated 22.04.2025 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 Legar services committee, has submitted report dated zg04zozs stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/rdentity cards and the enquiries reveared ihat the parties have wiilfuily and without coercion entered into settiem e n t/com prom ise. 6 I have considered the submissions of the learned ccunsel and perused the materials on record
1. Having considered the allegations, the nature of charged offences and taking into account the amicabre setflement between the parties, in the light of the dictums in Gian singh v. state of punjab and anotherl and Anil Mishra y. Stafe of Li.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 setflement by exercising jurrsdiction under Section 4g2 Cr.p.C.lB2B of BNSS, 2023, would be in the interest of justice. '2012 (10) scc 303 '] zo2+ Itrisc i8g I 2019 (5) scc 688 I 3 \ t1( / 1- 1.,\t)1.- Jtt,l \ ul U- 1 infatttl (.ri.l).\tt. 515 ) o1 202i
8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all the proceedings in C.C. No. 266 of 2020, on the file of the learned Additional Judicial First Class lVlagistrate, Bhongir, are hereby quashed against the petitioners/accused Nos.1 to 4
9. ln the above terms, the Criminal Petition is disposed of Pending mrscellaneous applications, if any, shall stand closed //TRUE COPYiI SD/. MOHD, ISMAIL DEPUTY REGISTRAR Kiv SECTrc'N OFFICER To, Hyderabad [OUT] '1. The Additional Judicial First Class lrrlagistrate at Bhongir. 2. The Station House Officer, Bibinagar Fotice Station, R-achakonda. 3. Two CCs to the Public Prosecutor. High Court for the State of Telangana at 4. One CC to Sri Chunap Anvesh Kiran, Advocate [OPUCJ 5. One CC to tvls Nimmala Sarnanvitha, Advocate tOpUCi 6. Two CD Copies 1",' NVB/gh HIGH COURT DATED:01 lOSl2025 COMMON ORDER l.A.Nos.2 And 3 of 2025 In/And CRLP.No.5453 of 2025 .1 lrlE S14 ?o o (f 13 AUB m -11 i o." ----=;= DISPOSING OF THE CRLP AND ALLOWING THE lA.Nos.2&3OF2025 a 4. ,1- 3/', z,/1 2 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD I.A. No. oF 2025 IN Crl.P.No. oF 2025 Between:
1. Mudavath Venkati S/o. Manya, Aged about 55 years, Occ: Agrilculture, Caste: Lambadi, R/o. H. No. Gogili Thanda H/o. Jampally [V), BibinaCar (M), Yadadri - Bhongir District.
2. Mudavath Narsimha S/o. Late Manya, Aged about 43 years, Occ: Agriculture, Caste: Lambadi, R/o. H. No. Gogili Thanda H/o. Jampally (V), Bibinagar (M), Yadadri Bhongir District.
3. Mudavath Wali W/o. Venkati Aged about 50 years, Occ: Agiculture Caste: Lambadi, R/o. H. No. Gogili Thalda H/o. Jampally (V), BibinaCar (M), Yadadri - Bhongir District.
4. Mudavath Kamala W/o. Ramesh Aged about 35 years, Occ: Agriculture Caste: Lambadi, R/o. H. No. Gogili Thalda H/o. Jampally (V), BibinaCar (M), Yadadri - Bhongir District. Petitioner/ Accused No. 1 to 4 And
1. The State of Telangana Represented by its Public Prosecutor, High Court for the State of Telangana Hyderabad. ... Respondent
2. Gummadi Kondal Reddy S/o. Anantha Reddy Aged about 36 years, Occ: Agriculture - cum - Business, R/o H.No.1 31, Reddy Naik Thanda, Bhongir Mandal Yadadri - Bhongir District. Mq3'SdE n {74 ',y...1 ,;.,.* Respondent/ Complainant a a, /y.,:i' ( < ) .,\xou^!a 0v t X.r-1r, p./r' ' A^w t ,'..... :,n t', : , !.!r., "i . i:i,:., .' -IOINT T'IEMO FILED BY BOTH TIiE PARTIES - It is submitted that the Petitioner ald the 2"d Respondent/Complainant were compromised in terms of compromise petition and the 2.d respondent has no objection for quashing ,n" o:;";;-;-;; 266 of 2O2O on the file of the Hon'bie Judicial First Class Magistrate at Bhongir in the interest of justice and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the "-S ;"Y-- case. Counsel for the Petitioner Counsei for the Responcient No.2 Place: Hyderabad -O4-2O25 r'?1 ql o titioner No. 1 M {2lery i ttlr:-L i ,,,-./tr-': Peii[i6rier No.2 o>o 09 | * ",.!1\ Petitioner No.3 {,;:[:[f Q lc.,lu/l kU' i ':t'!t"'"-{ o'l 'i-' "!'{'l ) Respondent No.2 Petitioner No.4