Moreboina Rajesh v. Bommanoni Ramesh

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 SC No.30 of 2O21 on the file of the I Fast Track Special Judge for Expeditious Trial and Disposal of Rape and pOCSO Cases, at Medchal. l.A. NO: 2OF 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 grant stay of all further proceedings including the appearance of the petitioner in SC No. 30 of 2021 on the file of the I Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Cases, at Medchal, pending disposal of the Criminal Petition. l.A. NO: 3 OF 2025 Between: Moreboina Rajesh, s/o Late Veeraiah, aged about 59 yt:ars, R/o H.No.1163, Kapra Mandal Rangareddy District. ...Petitioner/Respondent No.2 in l.A.ltlos.

3 & 4 OF 2025 AND Bommanoni Ramesh, S/o Mallaiah, aged about 24 yerrrs, occ. Agriculture, R/o H.No.5-22, Rekularam village, Chandarnpet Mandal flalgonda District. ...RespondenUPetitionersrAccused in l.A.Nos. 3 & 4 OF 2025 The State of Telangana, through S.H.O., Jawahar Nagerr Police Station, Rachakonda Commissionerate, R.R.District, rep. By Public Prosecttor, High Court, Hyderabad. ...RespondenURespondent No.l in l,A.Nos.3 &4OF 2025 Petition under Section 359 (6) of BNSS praying thal ir the circumstances stated in the Memorandum of Grounds of Criminal Petitior, the High Court may be pleased to permit the petitioner herein to compound the o.Tence U/Sec.366 of IPC and Section 11 R/w 12 of the POCSO Acl,201'.1 and to quash the proceedings SC No.30 of 2021 on the file of the I Fast Triar:k Special Judge for Expeditious Trial and Disposal of Rape and POCSO Cases ;rt Medchal, l.A. NO: 4 OF 2025 Petition under Section 359 (2) of BNSS praying that ir the circumstances stated in the Memorandum of Grounds of Criminal Petitiorr, the High Court may be pleased to record the compromise and to quash the pror:eedings in SC No.

30 ot 2021 on the filer of the I Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Cases, at Medchal, in the inte-est of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petrtion and upon hearing the arguments of Sri K.Shrikanth, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla Additional Public Prosecutor on behalf of the l,:spondent No.1 and of Sri Madhavararr" Ashok Rao, Advocate for the Respondenl No.2, The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJ! l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No.5807 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 petitioner in S.C.No.30 ot 2021 on the file of the I Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Cases, at Medchal.

The petitioner is the sole accused in the S.C.No.3O of 2021 regislered for the offences punishable under Sections 366 of lndian Penal Code and Section 11 rlw 12 of Protection of Children From Sexual Offences Act,2012

Heard Mr.K.Shrikanth Reddy, leamed counsel for the petitioner, Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor, representing the respondent No.1-State aM Mr.M.Ashok Rao, learned counsel for the respondent No.2/de-facfo complainant.

Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos.3 and 4 of 2025 with the prayer to permit them to enter into compromise aM by recording the settlement to quash the proceedings against the petitioner/accused in S.C.No.30-o'F

2021. T 2 NT&/ lt;-t'lot.i ad 4 0J2025 in/ad CrlP.No.5807 of 2025

This Court vide ordq dated 17.06.2025 referrel the parties to the High Court Legal Services Committee for identificatic,r' and to verify the voluntariness in arriving the settlement. The Secretary High Court Legal Services Committee, has submitted report dated 24.C8.2025 stating that the parties were identified by their respective cotlr sel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the pa(ies have willfully and without coelc on entered into settlemenucom promise.

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

The accusations against the petitioner/accused n the Police Report lodged by the respondent No.2lde-facto complainant'grand-father of the victim girl are that the petitioneri accused abducted tle victim girl on the pretext of love and sexually exploited her. Havirtll considered the allegations, the statement in the Joint Affidavit 1661 lhe petitioner and victim girl got married and living together and the enricable settlement between the parties and to restore peace among thern in the light of the dictums in Gian Singh v. State of Punjab and ancthe/ and Anil Mishra v. State of lJ.P.z; State of Madhya Pradesh v. Laxmi Narayan | 2012 (10) scc 303 2 zoz4 Ittsc t89 3 NT&/ lANu.) and 4 of 2025 iz/ atd CrlP.No.5607 of 2025 and others3, this Court is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr.P .C.1528 of BNSS, 2023, r'rrould be in the interest of justice.

The XXlll Metropolitan magistrate at Medchal Court, Cy rabad Medchal District. Hyderabad [OUT]

2. The Statron House Officer, Jawahar Nagar Police Station, Rachakonda' 3. T*o CCs to the Pubfic Prosecutor, High C,ourt for the State of Telangana at 4. Ohe CC to Sri K Shrikanth, Advocate TOPUCI 5. One CC to Sri Madhavaram Ashok Rao, Advocate [OPUC] 6. Two CD Copies I NVB/PSL 3 zors is; scc 5aa HIGH COURT DATED:0110712025 COMMON ORDER l.A.Nos.3 AND 4 OF 2025 ln/And CRLP.No.5807 of 2025 ,.r=-:: ' . - {7 o[t :5 .:. / \:.,,r. .r-. , ., .- DISPOSING OF THE CRLP AND ALLOIAIING THE lA.Nos.3 &4OF 2025