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 quash the proceedings in C.C. No. 835 of 2024 on the file of Addl Judicial First Class Magistrate At Jadcherla for the offences U/s 498(,4), 363 of IPC against the petitioners/ Accused No. 1 to 5. l.A. NO: 2 OF 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 stay all further proceedings including appearance of the petitioners/ Accused No. 1 to 5 in C.C. No. 835 of 2024 on the file of the Addl. Judicial First Class Magistrate At Jadcherla, pending disposal of the main Crl.P v l.A. NO: 3 OF 2025 Between: Jaya Rathod, W/o Shivaram Naik, Age. 38 years, Occ- Hou;ehold, R/o Housing Board colony, Jadcherla, Mahabubnagar District. ...Petitio ner/2nd ResPondent AND 1 2 3 4 5 6 Mudavath Sivaram Naik, S/o. Ramla Naik, aged 41 years Occ. Software, R/o. Seethamma Thanda, Peapully Mandal, Nandyala District Mudavath Goivind Naik, S/o Ramala Naik, aged 36 years, Occ. Agriculture, R/o. Ralla Kothoor Thanda, Banaganapally Mandal, Nandyala District Mudavath Ramudu Naik, S/o Chakra Naik, aged 35 years, Occ. Agriculture R/o. Ralla Kothoor Thanda, Banaganapally Mandal, Nand yala District. Pithavath Harikrishna Naik, S/o. Hanmya Naik, aged 24 'rcats, Occ Student' R/o. Seethamma Thanda, Peapully Mandal, Nandyala Dis,trict Mudavath Venkata Naik, S/o. Teekla Naik, aged 60 years, Occ. Agriculture, R/o . Seethamma Thanda, Peapully Mandal, Nandyala Di:;trict. ... Respondents/Petitioners The State of Telangana, Rep. by Public Prosecutor High (:ourt at Hyderabad. ...ResPond enUl't ResPondent Petition under Section 359(6) of BNSS praying that tn the circumstances stated in the Memorandum of Grounds of Criminal Petition, t re High Court may be pleased to permit the Petitioner/R-2 to compound the olfences against the Petitioners/Accused .1 to 5 and quash the proceedings in C.C. No 835 of 2O24 on the file of the Addl. Judicial First Class Magistrate At JadcherLr, registered for the offences U/s 498(4), 363 of lPC. l.A. NO: 4 OF 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, tlte High Court may be pleased to record the compromise and quash C.C. No. 835 of 2024 on the file of the Addl. Judicial First Class Magistrate At Jadcherla. registered for the offences U/s 498(4) and 363 of IPC against the petitioner/ Accused No.1 to 5 in the interest of justice. This Petitron coming on for hearing, upon perusing th: Memorendum of Grounds of Criminal Petition and upon hearing the argume 1ts of Mr. Samrat Narender Boilla, Advocate for the Petitioners and the l\'lr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Res pondent No.1 and of lvlr. C. Nagaraj, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER -? THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos. 3 AND 4 OF 2025 ln/And CRIMINAL PETITION No.5525 OF 2025 COMMON 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 petitioners in C,C.No.835 of 2024, on the file of the learned Additional Judicial First Class Magistrate, Jadcherla.

2. The petitioners are arrayed as accused Nos l to 5 in the Calendar Case registered for the offences punishable under Sections 498-4, 363 of the lndian Penal Code, 1860. 3 Heard Mr.Samrat Narender Boilla, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.C.Nagaraj, learned counsel for the respondent No.2/de-facto complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.3 and 4 ol 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners/accused Nos.1 to ilii- C C.No.B35 of 2024. II 2 .\ 7l{. 1..\,t,.i :td -t af?02j iz/antl Lr,t.l). N o_ j j2 i oI202 i .\ 5 This Court vide order dated 22.04.2025 referri;d the pa(ies to the High Court Legal Services Committee for identificati,)n and to verify the voluntariness in arriving the setflement. The Secretary, High Court Legal Services Committee, has submitted report date{ dated 26 c4.2025 srarins that rhe parries *"ru ioun,in"n- ;,, ;: -=:"'I t'uo o' their respective cou.lsel and also on verification of Aadhar , 3ards/ldentity Cards and the cnqgiriss revealed that the parties have willfully and without vv'(r r(,,ur coerc on entered into settlemenucompromise. 6 r have considered the submissions of the learr ed counser and perused the materrals on record. 7' Having considered the alregations, the chargecr offerces, which are essentia'y matrimoniar and inter-personar in nature a 1d taking into account the amicabre set'ement between the parties irnd to restore peace among them. in the light of the dictums in Gian Sinqh v.sfafe of Puniab and anotherl and Anit Mishra y. stare of U.p.z; state of Madhya pradesh v. Laxmi Narayan and others3,this Ccurt is of the considered view that quashment of the impugned proceedings in view of the set'ement by exercising jurisdiction under Section 4g2 c-.p.c./52g of BNSS, 2023, would be in the interest of justice. | 2012 (10) scc 3n? ,' 2024 rNSC 189 ' 2019 (s) scc 688 3 \ / 1r./ l. 1.\0.;.i and J or lt))i rtt/ t't,i (.r/.l'.\o.1i Ji o1 !0-') 8 Accordingly, lA Nos.3 and 4 of 2025 are allowed. Consequently, all proceedings in C.C.No.835 of 2024, on the file of the learned Additional Judicial First Class Nlagistrate, Jadcherla, are hereby quashed against the petitioners/accused Nos.1 to 5 I ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. MOHD. ISMAIL DEPUTY REGISTRAR I i SECTION OFFICER To, 1 J 4 5 6 The Additional Jud icial First Class Magistrate At Jadcherla The Station House Officer, Jadcherla police Station, M.Nagar District. Two CCs to the Public Prosecutor, High Court for the Stite of Telangana at Hyderabad [OUT] One CC to Mr. Samrat Narender Boilla, Advocate [OpUC] One CC to Mr. C. Nagaraj, Advocate tOpUCI Two CD Copies (Along with a Copy of Joint Memo of Compromise) Kam/gh N- HIGH COURT DATED:0210512025 COMMON ORDER l.A.Nos.3 and 4 ot 2025 ln/And CRLP.No.5525 ot 2025 ao 1HE 7 =l:sla (J t 16JlJt M 6 z C) I sna t '-;/ l.A.Nos.3 and 4 of 2025 ARE ALLOWED DISPOSING OF THE CRIMINAL PETITION \t 28 I MEMORANDUM OF CRIMINAL MISC. PETITION (Filed under Sec'359 of BNSS) IN THE HIGH COURT JUDICATURE OI TELANGANA AT:: HYDERABAD Cr1.P.No. oF 2025 Between: java Rathod, W/o Shivaram Naik' nsla: sb Years, occ: Housewife' n7.' H""li"g Board colony, Jadcherla' District' M.h.brbt ^gar ''' Petitioner/ 2ND ResPondent AND l.Mudavath Sivaram Naik, S/o: Ramla Naik' ased 41 Years, Occ: Software, R"/ o: See-thamma Thanda, Piapully Mandal, Nandyala D istrict 2.Mud.avath Goivind Naik, S/o Ramala Naik' ased 36 Years, Occ: Agriculture' R"/o: Ralia Kothoor Thanda, ;;;;;"pallY Mandal, NandYala District 3.Mudavath Ramud'u Naik, S/o Chakra Naik' ased 35 Years, Occ: Agriculture' R-/o: Ralla Kothoor Thanda, i'rrrg"""pally Mandal, Nandy ala District a.Pithavath Harikrishna Naik' S/o: Hanmya Naik' ac.Led,24 Years' Occ: Student' Tharrda , i?-o, s""it "*ma piu.prrtty Mandal, Nandyala District S.Mudavath Venkata Naik' S/o: Teekla Naik' ased 6O Years, Occ: Agriculturc' R"/o : Seetharlma Thanda' el"p"f fy Mandal, N andyala District " ...ResPondents / Petitioners '

6. The State of Telangana "J *-- - ReP. bY Public Prosecutor Uigh Court at HYderabarl' ....Respondent/ l"t Respondent *r' r\.t \ .+ 29 JOINT MEMO It is submitted' .that the petition':r/defacato complainant have amicably settled the disp rte at t1 e intervention of elders, friends and well wishers and the matter has been compromised tretween them' Hence the both parties carne to compromise artd the parries of have no claims or rights against each other in the fut'rre' \ Jb \J/ n-'Y "i%.t.'f - "\yxd " -/.d\ ^, rf\. a\"1- AJcused No.1 nA'Qo.r,nJ s^It- / Accused I{r:.2 co*| ( 0t. Accu SC No.3 / ?'thrikhrdhu. thr'K- Accused No.4 ( w3"*6"*{ Accused No.5 C r e NCounsel ,* for tht Complainant \,