The High Court · 2025

2. Smt. Polu Vijetha @ Billa Vijetha, W/o. P. Ajay, D/o B. Ramesh Age. 36 years, Occ. Private Employee, Rl/o.H. No.6-72, Bibinagar Village and Mandal Yadadri- Bhongiri District. ...RespondenUComplainants 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 against the Petitioner in C.C.No.1 14012019 on the file of the Principal Judicial First Class Magistrate, Bhongir, Yadad ri-Bhongir District. l.A. NO: 1OF 2025 Between:- Smt. Polu Vijetha @ Billa Vijetha, Wo. P. Ajay, D/o B. Ramesh Age. 36 years, Occ. Private Employee, R/o.H. No.6-72, Bibinagar Village and Mandal Yadadri- Bhongiri District. ...Petitioner/Respondent No.2 in lA.No.1 & 2 ol 2025 AND

1. The State of Telangana, Rep. by the public prosecutor High Court at Hyderabad.

2. Sri Polu Ajqy, (Husband) S/o. Late p. Ramulu, Age. 37 years, Occ. private Emproyee.Rl/o H.No l-8-700/5, padma'ilr";y, Nailakunta, rMusheerabad, Hyderabad. ".Respondents/ petitioner/ Respondents No.2 in IA.No.1 & 2 ot 2o2s Petition under Section 3s9(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminai petiron, the High d;;;"y be.p.leased permit the parties to compound the offences in c.c.No.1 14ot2o1g which is pending before the principar Judiciar First crass Magistrate cou.t, at Bhongir, Yadadri-Bhongir District. l.A. NO: 2 OF 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminai petition, the High court may be pleased to record the terms of compromise between the parties anO qrrsn proceedings against the Respondent No.1/Accused No.1 in c.c.No.1 14012019 which is pending before the principar Judiciar First crass Magistrate court, at Bhongir, yadadri-Bhongir District in ihe interesi or 1rrii""."- .. This Petition coming on for hearing, upon perusing the and upon hearing the the Petitioner and the Sri Grounds of Criminal petition Sri P.Animi Reddy, Advocate for Veeramalla Additionar pubric prosecutor on beharf of the Respondent No.1 of Ms S.Vijaya Lakshmi Advocate for the Respondent No.2. Memorandum of arguments of Jitnender Rao The Court made the foltowing: COMMON ORDER THE HONOURABLE SRI JUSTICE N'TUKARAMJI l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITI ON No .5622 0F 2025 COMMON ORDER ThisCriminalPetitionisfiledunderSection52BofBharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioner in C'C'No 1140 of 2019, on the file of the learned Principal Judicial First Class Magistrate, Bhongir, Yadadri-Bhongir District.

2.ThepetitionerisarrayedasaccusedNo.lintheCalendarCase registered for the offences punishable under sections 498-4, 506 of the lndian Penal code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, "1961 . 3HeardMr.P.AnimiReddy,learnedcounselforthepetitioner' Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and ttls S'Vijaya Lakshmi' learned counsel for the respondent No.2/de-faclo complainant'

4. Pending this petition, the parties have entered into the compromlse and, accordingly, they moved l.A-Nos.1 and 2 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement tg- '- 2 -\ 7R./ l. 1 t,,. i ,..t | ,,, lr))i itrrt,tr,,i r.r, l'..\r;ttl ot 202i quash the proceedings against the petitioner/accused No..l in C.C.No. 1 140 ot 20i9.

5. This Court vide order dated 25.04.2025 referred the parties to the High court Legar Services committee for identification and to verify the voluntariness in arriving the setflement The Secretary, High Court Legal Services committee, has submitted report dated 2g.04.2025 stating that the parties were identified by their respective counser and arso on verification of Aadhar Cards/ldentity Cards and the enquiries that the parties have willfully revealed and without coercion entered into settlemenUcom promise. 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 rn nature and taking into account the amicable setflement between the parties anrJ to restore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and anotherl and Anit Mishra v. Sfate of u.p]; State of Madhya pradesh v. Laxmi Narayan and others3, this Court is of the nsidered view that quashment of the impugned proceedings in view of .co> 1_2012 (10) SCC 303 ' 2024 INSC 189 ' 2019 (s) scc 688 3 Nlx.i

1.. 1.,\0,.t ,tt;ti 2 ,,1 )025 h/anl (.r/.P.\t.i6l2 ol 2A2i the settlement by exercising lurisdiction under Section 482 Cr.P.C 1528 of BNSS, 2023, would be in the interest of justice B. Accordingly, l.A.Nos.1 and 2 of 2025 are allowed. Consequently, all proceedings in C.C.No. 1140 of 2019, on the file of the learned Principal Judicial First Class Magistrate, Bhongir, Yadadri-Bhongir District, are hereby quashed against the petitioner/accused No.1 I ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. SD/. MOHD.ISMAIL DEPUTY REGISTRAR //TRUE COPY// S TION OFFICER To, \ v District.

1. The Judicial First Class Magistrate at Bhongir' - 2. The Station norre otficerlWirirn pori"" dtrtion, Bhongir, Yadadri- Bhongiri 3. i;; ECt to the Public Prosecutor, High Court for the State of Telangana at + 6i,i"cd t" Sii.-p.qnimi Reddv, Advocate [oP-U-c] ^, 5. 5;; cc i; MJ S-Vijava Lakshmi Advocate IoPUC] 6, Two CD CoPies Hvderabad [OUTI NVB/PSL *y I HIGH COURl' DATED:0210512025 COMMON ORDER l.A.Nos.1 and 2 of 2015 ln/And CRLP.No.5622. of 2025 e o o 1HE S14 14: 17 JUll zffi t 0o"^. o( 7 a + DISPOSING O[: THE CRLP AND ALLOWING THE lA.Nos.1 &2OF 2A25 I I CI Wff HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD C.l. P. No.fl15 of 202s i Between: - Polu Ajay ( Husband) S/o. Late P. Ramulu, Age:37 ydars, Occ: privare Employee JJ {o,1 8-1ool!, padma Cotoqy, RLo Nillakiinta, Musheeiibad Hyderabad. . . . .. Petitioner/Accuscd No. 1. AND Rep. by the public prosecutor High Court at Hyderabad

2. Smt. Potu Vijetha @Bilta VrJetha w/o. P. Ajay, D/o B. Ramesh . Age: 36 years, Occ: private Employee, R/o.H. No.6-72, Bibinagar Vi.llage-& Mandal Yadad ri-.,Bhongrri District, _ Respondents/ Complainalts JOINT MEMo 1' It is submitted that the Respondent No-2 has filed a case against the Petitioner and others for the offence U/sec. 498-4, s06 of Ipc and Sec. j & 4 of DP Act vide Crime.No. lO of 2019 of WpS Bhongir, yadadri_Bhongir Dis{-rict after compretion of investigation the porice fired charge sheet against the petitioner and otherS for the offences U/Sec. 49g-A, 506 of IPC and Sec. 3 & 4 of Dp Act vide c.c.No. 1140 of 2079 on the fire of the Hon'ble Principal Judicial Magistrate of First Class, Bhongir, Bhongir_ Yadadri District. 2' It is submitted that as per the Deed of settrement cum MoU dated 1g, o3-2o25 it is decided between the parties that thcy would amend rhe t di d{". L Divorce Pet.ition filed by the Petitioner into Petition for Divorce by mutual consent and accordingly the said Petition was amended and the Honble VI Addl. District Judge cum Family Court has passed Judgment artd Decree d,at<'.d 04-04-2025 allowing the Petition by dissolving the marriage between the Petitioner and Respondent No-,2 by rnutual consent in t. F.C.O.P. Nc,. 50/2019 and as per the Deed of Settlement cum MOU-dated I 18-03-2025, it is further agreed between the parties that the Petitioner would pay an amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) b,y way of DD. but the Respondent No.2 agreed to receivb'a.t amount |f Rs. 15,O0,OtrO/ - through Cheque bearing No.04O337 Dt. t5-O4-2O25 ICICI Bank, Secunderabad Branch as full and final setflement at the time of recording c'[ r'ompromise before the Honble High Court in C.C.No. ll4O/2}lct which is pending before the Hon'ble Principal Judibial First Class Magistrate Court, at Bhongir and also D.V.C. No. 15/2019 which is pending belbre Hontrle Addl. Judicial First Class Magrrstrate Court, at Bhongir.

3. It is submitted that the contents mentioned in the said Deed of Settlement r:um MOU dated 18-03-2O25 is true and correct to the best of their knowk'dge and belief, the said compromise is entered with free will and consent and without undue influence from anyone and the Respondent No.2 has no objection to allow the crtminal petition.

4. It is furt-her submit that the Respondent No.2 agreed to appear before the Hon'ble High Court to compromise 498-A case and DVC case. The Petitioner agreed to pay an amount of RS. 15,OO,0OO/- by way ol ? AT\ # l t cheque the said cheque will be handed over to Respondent No'2 at the time of recording of compromise of 498-,{ case and DVC case' It is therefore prayed that this Hon'ble Court may be pleased to record the terms of compromise between the parties and quash the proceedings agailst the Petitioner in C.C'No'114O12019 which is pending before the Hon'ble Principal Judicial First Ciass Magistrate Court' at Bhongir, Yadadri-Bhongir District and pass such other order or orders as the Hontrle court may deem fit and proper in the intcrest ofjustice' Hence this Joint memo. r-)ale: 20 - a\1 ' Lo2-5 Hyderabad. 2"d RESPONDENT ? PETITI R rry,* COUNSEL FOR THE PETITIONER COUNSEL FO THE 2"d RESPONDENT