The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise between the parties here in and to quash the SC No. 537 ot 2024 on the file of the learned Fast Track Special ,Judge for expeditiof,s Trail and disposal of Rape and POCSO Act iases, MeJchal- Malkaigiri District, At Malkajgiri. ...Respondent LA. NO: 2OF 2025 BETWEEN: Miss.Jyothi Sankuri,, D/o. S. Bhasker, Aged. 24 years, Occ.. Private Service, Rl/o. H No.. 29-140112110, Dinakar Nagar, Neredmet, Malkajgiri District ...Petitioner/Respondent No.2 in lA.Nos.2 &3 ot 2O25 AND

1. State of Telengana, Rep by Public Prosecutor, High Court of Telengana, Hyderabad

2. Bugudala Satish Kumq[- S/o Nagaiah, Age. 29 years, Occ.. Govt. Emplovee as Artisan Grade 1, TS TRANSCO, R/o.HNo.4-331a, Copani V.nf5i"6ur, Shankarampet (A) Mandal, Medak District, Telangana. ...Respondents 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 criminai petition, the High court may be pleased to permit the petitaoner/Defacto complainant and accused to compound the offences in sc No. s3l of 2024 on the file of the learned Fast Track special Judge for expeditious Trial and disposal of rape and pocso Act cases Medchal Markajgiri District at Malkajgiri in view of the compromise between the parties and to record the compromise. 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 criminai pefition, the High court may be pleased to permit the petitioner/Defacto comprainant and accused to compound the offences in sc No. s37 of 2024 on the file of the learned Fast Track special Judge for expeditioug triar and disposar of rape and pocso Act Cases Medchal Malka.igiri District ai Malkajgiri. This Petition coming on'for hearing, upon perusing the Memorandum of Grounds of criminal petition and upon hearing the arguments of sri G. Ravr chandran, Advocate for the petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and sri M.Anad Kumar, for the Respondent No.2. The Court made the following: COMMON ORDER I THE HONOURABLE SFII JUSTICE N.TUKARAMJI l.A.Nos. 2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.5534 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 ot Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioner in S.C.No.537 of 2024, on the file of the learned Fast Track Special Judge for expbditious trial and disposal of Rape and POCSO Act cases, Medchal - Malkajgiri District at Malkajgiri

2. The petitioner is the sole accused in the Sessions.Case registered for the offences punishable under Sections 376(2) (n), 417, 420 of the lndian Penal Code, 1860

3. Heard Mr. G.Ravi Chandran, learned.counsel for the petitioner, Mr.Jitllender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr. M.Anand Kumar, 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.2 and 3 of 2025 with the praver to permit them to enter into compromise and by recording the settlemht to 2 Nlxrr 1...1..\0i.2 anl ) o1 2025 n/and Cr/.P.No.55)4 o[ 2025 quash the proceedings against the petitioner/accused in s.c.No.537 of

5. This court vide ord., dated 2g.e4.2025 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 Services committee, has submitted report dated oz.os.2o2s stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/ldentity cards and the enquiries revealed that the parties have willfiilly and without coercion entered into settlemenVcompromise.

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

7. The accusations against the petitioner in the police report lodged by thervictim are that, the petitioner/accused has sexually assaulted the t victim promising to marry her, subsequently refused to marry her. Having considered the allegations, the nature of charged offences, and taking into aecount the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. Stafe of Punjab.,':and anotherl and Anil Mishra y. Stafe of lt.P.2; Sfafe of | 2012 (10) SCC 303 2 2024 INsc 189 3 NIRJ I-'1.Not.2 antl ) oJ 2025 in/ and Cr/.I'.N0.5 5)1 af 202i Madhya pradesh v. Laxmi Narayan and others3, this court is of the considered view that quashment of the impugned proceedings in view of ihe settlement by exercising jurisdiction under Section 482 Cr.P.C.1528 of BNSS, 2023, would be in the interest of justice' B. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed' Consequently' allproceedingsinS.C.No.53To'f2024,onthefileofthelearnedFast Track Special Judge for expeditious trial and disposal of Rape and PocsoActcases,Medchal_MalkajgiriDistrictatMalkajgiri,arehereby quashed against the petitionPr/accused ' I ln the above terms, the Criminal Petition is disposed of' Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// Sd/- A. PRATHIMA EPUTY REGISTRAR SEGTION OFFICER To,

1. The Principal Junior Civil Jduge-cum-Metropolitan Magistrate Cyberabad at Malkajgiri. Hyderabad [OUT]

2. The Station House Officer, Neredmet Police Station, Rachakonda. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to Sri G.Ravi Chandran, Advocate [OPUC] 5. One CC to Sri M.Anad Kumar, Advocate [OPUC] 6. Two CD Copies NVB/gh 3 zors 1s; scc ooa HIGH COURT DATED:2010612025 i.l COMMON ORDER l.A.Nos.2 and 3 ot 2025 In/and CRLP.No.5534 of 2025 .- :--,::=:\ r, r F -"-:\ I ir. ,' .. o;.ip,..\ ",.:...\ '."tr 1 0 JLIL 2025 * "s )i:i.-:-.t.lr I t' r. ii i,ii I DISPOSING THE CRLP AND ALLOWING THE lA.Nos.2&3OF2025 75 ) I (CRIMTNAL MISC' PE'IITION) (U/S'52E CR'P'C') BEFORE TTIE IIONOURABLE HIGH COURT OF TELENGANA AT: HYDERABAD 2(\b l.A No: CRLP No.: INffiI of2025 of 2025 Between: Bugudala Satish Kumar, Sio Nagaiah' Age:29years, Occ': Govt Employee asArtisan Grade 1' TS TRANSCO, RJo.H No.: 4-33 I 4,GopaniVenkatapur' Sl'rankaraLnpet (A) Mandal' Medak District, Telangana' Petitioner/Accused AND

1. State of Telengana Rep bY Public Prosecutor' High Court of Telengana' Hyderabad' 2. Miss.Jyothi Sankuri, D/o' S'Bhasker' Aged:24 Years, Occ': Private Service' R/o. H No.:29 -l4}l l2l lO, Dinakar Nagar' Neredmet' Malk{eiri District JOINT COMPROMISE MEMO ... ResPonde nts

1. It is submitted that on a complaint lodged by Second Respondent with the Neredmet Police they have registered Crime No'52 of 2024 against the ts%- 2 n Petitioner herein ;rs sole accused for the offences allegerl rJ /Sec.37 6 (2) ( ), 417, 420 lI'C and Iater on filed charge sheet rvhich IS taken ' co8nlzance of b1' the iearned Magistrate and committecl to the Sessions court which has rr:gistered the same as SC no; 537 of 2024 and pending on the fire of Hon'ble Fast Track spl Judgc for expeditious trail a,d disposal of Rape and pOCSO Act Cases, Medchal_Malkajgiri District, At Malkajgiri and charges are yet to be rramea in the.said case. 2' It is submitted '-hat the issue is . basing on crifferences wi,r non ' performance of marriage. The defacto cornplainant and the petitioner were acquainted ra'ith each ottfdr since 201 B and u,ere in rove ,"vith each other and with an intention,to get maruied had physical r.e )ationship which was consensus as both the parties are ma.iors and the consensual sex relationship continued ti, 2023 and Iater on due to various reasons the man'iage could not be performed and incensed b1, it the defacto complainant rodge<r the complaint with the police which was register.ecl as crime and charge sheet is laid. The porice have registerecr the offence of rape against the petitioner herein even though the de f'ac to co,rprainant had colsented for tl,re sexual act with the accused herein. It is submitted that the parties herein have now rereased that they have to lead their respective marital rives and as such have decided kr sink their differences and cor,e for amicable settlement in order to c,able both the parties to have peac'efur future maritar life with different individuals. It is submitted that since the 6ffgngs5 under the provisions ol. IpC are non cognizance and as the offence u/s 376 ( Z ) (n) of IpC is not attracted as J J the sexual act is consensus and as such only oflences u/s 417, 420 of tpC . are to be considered for quashing rhe above case ol1 the basis ol their comprornise. It is therefore prayed that this Honorabre court rnay be preased to recor.d the compromise between the parlies here in and to quash the SC No; 537 of 2024 on the file of the learned Hon,ble Fasr Track Spl Judge for expeditious trair and clisposal of Rape and pocso Act Cases, Medchar- Malkajgiri District, At Malkajgiri and to pass such other order or orders as this Honorable Cou.t may deern fil and proper in the interest of Justice. PETITI ER =-\L Cou nsel for Respofr-dent No.2 Counsel for petitioner RESPONDENTNo;2 Hyderabad Dated: . .4.2025