The High Court · 2025
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Cited in this judgment
Rep. by its Public Prosecutor High Court of Telangana at 2 Smt. Dr K. GGL. Shlva Ptrya, , D/o. Kollati Srinivasa Rao, aged about 29 years, Occ. Doctor, R/o. HIG 83, Balaji Nagar, Kukatpally, Hyderabad. ...RESPONDENT/COMPLAINANT Petition under Section 528 of B.N.S.S. of Cr.p.C 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. 5943 of 2022, on the file of Hon'ble lAddl. Junior Civil Judge-Cum-Xl Addl. Judicial Magistrate of First Class Medchal-Malkajgiri District at Kukatpally for the offences punishable U/s. 498-4 of IPC & Sec. 3, 4 of DP Act. in the interest of justice. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that ir the circumstances stated in the [\4emorandum of Grounds of Criminal Petition, the High Court may be pleased to direct stay of all proceedings in C.C. No. 594i of 2022, on the file of Hon'ble lAddl. Junior Civil Judge-Cum-Xll Addl. Judicia Magistrate of First Class Medchal-tt/alkajgiri District at Kukatpally for the offen:es punishable U/s. 498-4 of IPC and Sec 3, 4 of DP Act LA.NO:3&4OF2025 Between Smt. Dr. K G_G! S.frr_vq Prrya, , D/o. Kollati Srinivasa Rao, aged about 29 years, Occ. Doctor, R/o. HIG 83, Balaji Nagar, Kukatpally, Hyderabad. .. petitioner/ Complainant in l.A.Nos 3 & 4 of 2025 And '1 . Nadakuditi Naveen Kanth, S/o. N. Occ. Doctor
2. Nadakuditi Narayana Murthy, S/o. N Business Narayana lVurthy, A3ed about 32 years, Nagalingam, Aged rbout 6'1 years, Occ
3. N. Sudharani, Wo. Housewife,
4. N. Nalini Kanth, S/o Architect N. Narayana Murthy, Aged ab<,ut 55 years, Occ N. Narayana Murthy, Aged ab,)ut 31 years, Occ All are R/o. H. No. 74-27-3011 , Prestige Residency, Ve agapudi Vari Street, Ayyappa Nagar, Vijayawada, Krishna Nagar, Andhra pJadesh-520007. ._ .. Respondents / Accused Nos. 1 to 4 in LA. Nos. 3 and 4 ol 2O2S
5. State of Telangana , rep. by its Public Prosecutor, High Crrurt of Telangana, at Hyderabad .. in both l.A. No. 3 & 4 of 2025 l.A. No. 3 ot 2O25: Petitron under Section 359 (6) of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of c riminal petition,the High Court may be pleased to permit the Petitioner and Rer;pond ents/Accu sed Nos. '1 to 4, herein to compromise the matter in C.C. No. 5Si43 of 2022. on the file of Hon'ble I Addl. Junior civil Judge-cum-Xll Addl. Judicia i Magistrate of First class [t/ed cha l-Malkajg iri District at Kukatpally for the offenr;es punishable U/s. 498-4 of IPC and Sec. 3, 4 of DP Act. l.A. NO: 4 OF 2 025 Petition under Section 3S9 (2) of BNSS praying that in the circumstances stated in the rr/emorandum of Grounds of briminit petition, ine High court may be pleased to compound the offence in c.c. No. s943 of 2022, on the file of Hon'bre r Addr.. Junior civir Judge-cum-Xil Addr. Judiciar rvr"gr.trrt" of First class tVredchar-Markajgiri Districi At. Kukatpaily for the ;if;;;", punishable U/s. 498-4 of rpc and sec. 3, 4 of Dp Act and'ailow th; p;rti;]" record the compromise. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Sri M. vrJAYA KANTH ,Advocate for the petitioners in crr. petition and Respondent Nos. .r to 4 in l.A.Nos- 3 and 4 of 2025 and sri Jithender Rao Veeramala Additionar Public Prosecutor on beharf of the Respondent No.1 in crr. petition and Respondent No. 5 in I.A.Nos. 3 and 4 of 2O2S and of Sri B. Manav Kumar, Advocate for the Respondent No.2 in crl_petition and petitioner in l.A.Nos. 3 and 4 of 2025. 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.5739 OF 202!'; COMMON ORDER This Criminal Petition is filed under Section 5i,I8 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioners in C.C.No.5943 of 2022, on the file of the learned I Additional Junior Civ I Judge-cum-Xll Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District at Kukatpally
2. The petitioners are arrayed as accused Nos.1 to 4 in the Calendar Case registered for the offences punishable under Secticn 498-4 of the lndian Penal Code, '1 860 and Sections 3 and 4 of the Dcwry Prohibition Act, 1961
3. Heard tvlr.ft/.Vijayakanth, learned counsel for the petitioners, [/r.Jithender Rao Veeramalla, learned Additional Pulrlic Prosecutor, representing the respondent No.1-State and I/lr.B.lVlanav Kumar, learned counsel for the respondent No.2/de-facfo complainant
4. Pending this petition the parties have entered into :he compromise and, accordingly, they moved I.A.Nos.3 and 4 of 2025 with the prayer lo 7 .permit them to enter into compromise and by recording tlre settlement to 2 \l-R./ L 'l.\o.t. ) ,rtl I t,r lD:> rn/,url C r/. l)..\ o. i 1 ) 9 ol 2t)) i quash the proceedings agarnst the petitioners/accused Nos.1 to 4 in C C No 5943 of2022
5. This Court vlde order dated25.04.2025 referred the parties to the High Court Legal Services Committee for identificetion and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 29.04.2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the partres have willfully and without coercion entered into settlement/compromise.
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 in nature and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. Sfate of Punjab and anotherl and Anil Mishra v. State of u.P.2i Stafe of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the ponsidered view that quashment of the impugned proceedings in view of 2012 (10) SCC 303 ' 2024 INSC 189 '2019 (5) scc 688 I l I 3 \ it{.i ,r. l.\ ,., u d I tl 20)i )r/at,l (r,'.1).\ui7 )9 0i202 i the settlement by exercising jurisdiction under Section 4t2 Cr.p.C.l52g ot BNSS, 2023, would be in the interest of justice. B. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed Consequenfly, all proceedings in C.C No 5943 of 2022, on the file of the learned I Additional Junior civit Judge-cum-XIl Additional Judicial Magistrate of First CIass, Medchal-tvlalkajgiri Drstrict at Kukatpally, are lereby quashed against the petitioners/accused Nos l to 4. a ln the above terms, the Criminal petition is disposer of. Pending miscellaneous applications, if any, shall sternd closed //TRUE COPY// SD/. N. SRIHARI DEPUTY REGISTRAR SECTION OFFICER To
1. The I Additional Junror Civil Judge -cum- Xll Additional Jucicial Magistrate of First Class, Med chal-l\/alkajgiri District at Kukatpally.
2. The Station House Offrcer , Kukatpally Police Station, Med:hal-Malkajgiri Distsrict at Kukatpally. .fwo
3. CCs to Additional Public Prosecutor, High Court for thc State of Telangna at Hyderabad (OUT)
4. One CC to SRI IM. VIJAYA KANTH, Advocate [OPUC] 5 One CC to Sri B MANAV KU[\4AR, Advocate (OPUC) 6. Two CD Copies ( along with a copy ol'.loirrt mcrno o1'('ompronrise) W i-l HIGH COURT DATED:0210512025 9tr l.r.> ,c (' Z J o lJ "lJfl 2E t ai .r- r$:1.) * :_-=, COMMON ORDER r.A. NOS. 3 AND 4 0F 2025 IN/AND CRL.PETITION .No.5739 of 2025 i i , I I i I l i AI-],oWING'I'IJE I.A- NOS. 3 ANI) 4 OF 2025 AND DISPOSING OF TI]E CRL,PI]TI'IION, 1 \ b IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD l.A.No of 2025 Crl.P.No 9tz of 2025 BETWEEN Smt. Dr. K. GGL. Shiva Priya, D/o. Kollati Srinivasa Rao, Aged about 29 years, Occ: Doctor, R/o. HIG 83, Balaji Nagar, Kukatpally, Hyderabad. AND Petitioner/complainant 1 2 .) J 4 6 Nadakuditi Naveen Kanth, S/o. N. Narayana tMurthy, Aged about 32 years, Occ: Doctor, R/o. H. No. 276, Bank Colony Near Red Bridge, Amalapuram, N/o. H. No. 74-27-3O11, Prestige Residency, Velagapudi Vari Street, Ayyappa Nagar, Vijayawada, Krishna District. Nadukuditi Narayana Murthy, S/o. N. Nagalingam, Aged about 61 years, Occ: Business, N. Sudha Rani, Wo. Narayana Murthy, Aged about 55 years, Occ: Housewife, N. Nalini Kanth, S/o. Narayana Mu(hy, Aged about 31 years, Occ: Architect, All are R/o. H. No. 74-27-3011 , Prestige Residency, Velagapudi Vari Street, Ayyappa Nagar, Vijayawada, Krishna District. STATE OF TELANGANA Rep. by its Public Prosecutor ln the High Court of Telangana Respondents/Accused nos.1 to 4 ....RespondenVRespondent JOINT IVEMO May it please your Lordship
1. That due to the advice of elders and well wishers, brtth the parties have came forward to compromise the matter outside of Cour, as the case filed against the above said persons due to misunderstanding. I hat both the parties having no objection if the criminal case is closed against ea;h other in C.C. No. 5943 of 2022, on the file of Hon'ble Principal Junior Ci'ril Judge Vlll Addl. Metropolitan lvlagistrate At Kukatpally, Cyberabad for the offe nces punishable U/s. 498-A of IPC & Sec. 3, 4 of DP Act.
2. That the Petitioner has agreed to withdraw the Case against the Respondents/Accused Nos. 1 to 4 vide C.C. No. 5943 of 2022, on the file of Hon'ble Principal Junior Civil Judge Vlll Addl. Metropc litan tr/agistrate At Kukatpally unconditionally.
3. That in view of the settlement reached between us no purpose will be served if the proceedings in C.C. No. 5943 of 2022, on the file of Hon'ble Principal Junior Civil Judge Vlll Addl. Metropolitan Magistrate At Kukatpally is continued further.
4. That the partres have compromised and lt is respeclfully submitted that the parties have mutually agreed to dissolve their marriage and rave obtained a decree of drvorce by mutual consent under Sec. 13-B of Hindu lrla riage Act, '1955, on Dt. 10-03-2025, vide FCOP. No. 495 ot 2021 , on the file of Hon' >le Court of the Ill Addl. District and Sessions Judge-Cum-ll Addl. Sessions Judge-Cum-Principal Family Court, Medchal-Malkajgiri District, at Kukatpally. r 5 That the petitioner has no objection for proceeding to crose the matter. 6' That both the parties have setred their dispute amicabry and entered into compromise. The petitioner fired an affidavit in the above petition to that effect. Therefore, both the parties pray this Hon,ble Court may be pleased to compound the offences in c.c. No.5g43 0f 2022, on the fire of Hon,bre principar Junior civir Judge vilr Addr. I\4etroporitan tVragistrate At Kukatpaily, cyberabad for the offences punishabre U/s.4gg-A of rpc & sec. 3,4 0f Dp Act in the interest of justice and pass such other order or orders as the Hon,bre court may deem fit and proper in the circumstances of the case. \ UOU De-fact e om plainant Petitioner/De-fa cou nsSdrN1hBfospondent/Accused plainant o; Respondent /Ac sed No. 1 espondent /Accused No. 2 -4/-s,^av--l- Respondent /Accused No. 3 RespondenVAccused no. 4 Hyderabad Dt.l'| Q. -2925