Prosecutor High Court · 2025

2. Smt. Polu Vijetha @ Billa Vijetha, Wo. P. Aiay, D/o B. Ramesh Age. 36 years, Occ. Private Employee, R/o.H. No.6-72, Bibinagar Village and Mandal Yadadri- Bhongiri District. ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS, 2023 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 DVC.No.15/2019 on the file of the Addl. Judicial First Class Magistrate Court, Bhongir, Yadadri-Bhongir District; |A.NOS.1 &20F 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. ...PETITIONERS/RESPONDENT NO.2 IN BOTH PETITIONS AND 1 I 3 4 5 Polu Ajay ( Husband), S/o. Late p. Ramulu, Age. 37 years, Occ. private Employee R/o H.No.1-8-700/5, padma Colony, Nallakunta, Musheerabad, Hyderabad Smt. P. Chandrakala( Mother-in-law), Wo. Late p. Ramutu, Age.59 years, Occ. House wife, R/o. Plot No. 112, 6th Lane, Krishna Brunda-van Cotony, Ameenpur, Datancheru Mandal, Sangareddy District. Gundu Sandhya ( Sister-in-law), Wo. G. Dhanan.jaya, Age.39 years, Occ. -Nlalakunta, House wife, R/o H. No. 1-8'7OO1S, padma Coiony, Hyderabad. Gundu Dhananjaya ( Brother-in-law), S/o. G. Venkulu, Age 52 years, Occ. Advocate, R/o H. No. 1-B-700t5, padma Colony, Nallakunta, Hyderabad. RESPONDENTS/RESPONDENTS IN BOTH PETITIONS The State of Telangana, Rep. by the public prosecutor High Couil at Hyderabad. l.A. NO: 1 OF 2025 ..RESPONDENT IN BOTH PETITIONS Petition under section 359(6) r/w 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminJl petition,the High-court may be pleased to permit the parties to compound the offences in D.V.c.No 15/20'1 9 pending before the Addl.Judicial First ilass lrlagistrate court, at Bhongir, Yadadri- Bhongir District; l.A. NO: 2 OF 2025 Petition under Section 3s9(2) rrw 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminJl petition,the High court may be preased to record the terms of compromise between the parties anc. quash the proceedings against the Respondents/petitioners in D.V.c No. 1512019 pending before the Addr.Judicial First crass Magrstrate Court, at Bhongir, Yadadri-Bhongir District; This Petition cc,mrng on for hearing,upon perusing the Memorandum of Grounds of criminal t)etition and upon nearing the arguments of sri p ANIMI REDDY, Advocate for rhe petrtioner and and sriLitnender Rao Veeramalla, Addl_ Public Prosecutor on beharf of the Respondent No. 1 and Ms.s Vilaya Lalshmr, Advocate appear for the Respondent No.2; The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos. 1 AND 2 OF 2 025 ln/And CRIMINAL PETITION N o.5691 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 D V.C No.1S of 2019, on the file of the learned Additional Judicial First class Magistrate, Bhongir, Yadadri-Bhongir District. 2 The petitioners are arrayed as accused Nos.1 to 4 in the Domestic Violence Case registered under Section 12 of the protection of Women from Domestic Violence Act. 2005.

3. Heard Mr.P.Animi Reddy, learned counsel for the petitioners, IVlr.Jithender Rao Veeramalla, learned Additional public prosecutor, representing the respondent No.1-State and tVls S.Vijaya Lakshmi, 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 LA.Nos.1 and 2 of 2O2S with the prayer to permit them to enter int6 compromise and by recording the setflement to quash the proceedings against the petitioners/accused Nos.1 to 4+n * D.V.C.No.15 of 2019. l I I l 2 \ / li./ / .1.-\,,. / t.r,,t '01 2t):; u/Lt tl (..)..1'. \\,. ;ltl ,, :():;

5. This Court vide order daled 25.04.2025 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 28.04.2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enqurries revealed that the parties have willfully and without coercion entered into settlement/compromise.

6. lhave considered the submissions of the learnerl counsel and perused the materials on record

7. Having considered the allegations, the charged offences, which are essentially matrrmonial and inter-personal in nature and taking into account the amrcable 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 Anit Mishra y. Sfafe of lJ.p.2; Sfafe 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 settlement bl,exercising jurisdiction under Section 482 Cr.p.C.l52g o,f BNSS, 2023, would be in the interest of justice. | 2012 (10) SCC 303 2 zozc INSC rB9 r zo19 (5) scc 688 t \ I I 3 \IRJ /.'1.\,r.. / dnd ! al 202i in/uru1 { ri.P_,\,,.;69t oi 20?i B Accordingly, l.A.Nos.1 and 2 of 2O2S are allowed. Consequenfly, all proceedings in D.V.c.No.15 of 201g, on the fire of the learned Additional Judicial First Class Magistrate, Bhongir, yadadri_Bhongir District, are hereby quashed against the petitioners/accused Nos r to 4. 9 ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/- A.V.S. PRASAD PUTY REGISTRAR \ ECTION OFFICER

1. The Addl. Judicial First Class Magistrate, Bhongir, Yadadri-Bhongir District 2. One CC to SRl. P ANIMI REDDY Advocate [OPUC] 3. One CC to Ms.S.Vijaya Lakshmi Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 5. Two CD Copies (Alongwith a copy of Joint Memo of Compromise) To, \ VSM/gh y/ HIGH COURT DATED:02/0512025 ORDER IA.NOS.1 &2CrF202s IN/AND CRLP.No.5691 of 2025 !.-, r) ,) * .\. 17JUN M r) -t t -ot's oa.t CT I ALLOWING THE IA.NOS.1 & 2 OF 2025 AND CRIMINAL PETITION @ W J o I \ JOINT MEMO 1' It is submitted that the Respondent no.2 has fired a case against th Petitioners for the offence IJ / sec.r2 of the protection of women fron Domestic violence Act, 2005, which was taken on file vide D.V.c. No.1l Bhongir, Yadadri-Bhongir District and the same is pending for trial.. I Magistrate of First Class "',O 2' It is submitted that as per the Deed of settrement cum MoU dated ts- o3-2o25 it is decided between the parties that they wourd amEnd the Divorce Petition I,ed by the petitioner no.1 into petition ror oiitir"e ty mutual consent and accordingly the said petition tr." urri..,a.a ,n" Hon'ble vI Addl. District Judge cum Farn y court has passed .Iudgment and Decree dated 04-O4-2025 allowing the petition by dissolving the marriage between the petitioner No.l and Respondent No.2 by mutual consent in F.C.O.p. No. 50/2019 and as per the Deed of Settlement cum Mou dated 18-o3-202s, it is further agreed between the parties that the Petitioner No.l would pay an amount of 8s.15,0O,000/_ (Rupees Fifteen Lakhs only) by way of DD, but the Respondent no,2 agreed to receive the amount of Rs.15,O0,00O/_ through Cheque bearing No.040337 Dt.lS_04- 2025 rclcr Bank, Secunderabad Branch as furl and final settlement at thc time of recording of compromise before the Honble Hggh Court in c'c'No' 114o/2o19 which is pending before the Honbrc principal Judiciai First Class Magistrate Court, at Bhongr 1d also D-V.C, f9. 1S/2O1g which is pending before Honbre Addr. Judicial First class Magistrate Court, at Bhongir ?-S"t osoe!{€' a.M r& q'

3. It is submitted that the contents mentioned in the said Deed of Settlement cum MOU ctated 18-O3-2O25 is true and correct to the best of their knowledge and belief' the said compromise is entered with tree will and consent ald without undue intluence from aryone and the Respondent No.2 has no objection to aliow the criminal petition' 4. It is further 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 No. I agreed lo pay an amount of Rs'15'OO'O00i - by way of cheque the said cheque will be handed over to respondent no'2 at the time of recording of compromise of 498-A case ald DVC case' It is therelbre prayed that this Hon'lcle Court may be pleased to record the terms of compromise between the parties and quash the proceedings against the Petitioners in D'V'C'No'15 of 2019 on the file of the Hon'ble Ad-ditional Judicial First Class Magistrate' Bhongir' Yadadri- Bhongir District and pass such other order or orders as the Hon'b1e court may deem lit and proper in the interest of justice' Hence this Joint memo' ? ''Af{ ffalsi )$'o\-LnLl Hyderabad. RESPONDENT NO. COUNSEL FORRESPONDENT NO.2 PETITIONER No. 1 daE{V= t""rtr;s 2 ^. PETITIO NO.3 PETITI NER No.4 rW COUNSEL FOR THE PETITIONERS rE I I l1