The High Court · 2025

Smt. Kaliwala Reshma, Wo. K. Sai Raj, Aged 28 years, Occ. House Wife, R/o. H.No.lDH Colony, Pardiwada, Bhoiguda, Secunderabad. ...RespondenUComplainant ...RespondenUDefacto-Complainant 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 proceeding in CC.No.263812024 which is pending on the file of X Additional Chief Metropolitan Magistrate, Secunderabad against the Petitioners, in the interest of justice. l.A. NO: 1 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 against the Petitioners including their presence in CC. No.263812024 which is pending on the file of X Additional ChiefMetropolitan Magistrate, Secunderabad. l.A. NO: 2 OF 2025 : Between :

1. Smt. Kaliwala Reshma, Wo. K. Sai Raj, Aged 28 years, Occ. House Wife, R/o H.No.lDH Colony, Pardiwada, Bhoiguda, Secunderabad. ...Petitioner/Respondent No.2 in lA r,lo.2 and 3 of 2025 AND 1 The State of Telangana, Rep. by its Public Prosecutor, High Court for the state of Telangana, Hyderabad. ..RespondenUComplainant in lA No.2 and 3 of 2025 2. Kaliwala Sai Kumar @ Raj, S/o.Kaliwala Jai Raj, Aged.26 years, Occ. Labour, R/o. H. No. 1 6-5-332, Farath Nagar, Dabeerpura, Yakuthpura, Hyderabad. 3. Kaliwala Sailaja, Wo.Kaliwala Jai Raj, Aged.S8 years, Or:c. Fruit Vendor, R/o.H.No. 1 6-5-332, Farath Nagar, Dabeerpura, Yakuthpura, Hyderabad. ...Respondents/Petitioners in lA Nc .2 and 3 of 2025 Petition under Section 352(6) of BNSS praying that in thi: circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner/ Respondent No.2 to compromise the case in CC.No.2638/2024 which is pending on the file of X Additional Chief Metropolitan lvlagistrate, Secunderabad against the RespondentsiPetitioners. l.A. NO: 3 OF 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the tligh Court may be pleased to record the compromise of Petitioner/ Respondent No.2 in CC.No.2638/2024 which is pending on the file of X Additional Chref Metropolitan Magistrate, Secunderabad against the Respondents/Petitioners. This Petition corning on for hearing, upon perusing the l\remorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Khaled Bin Sayeed, Advocate for the Petitioner and Mr.Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and Mr Wajid Mohd.Abdul Waheed and Mr.Mohammed Nabeel Ali, Advocates for the ResponCent No.2. The Court made the folrowing: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.5815 OF 2025 - COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023'). seeking quashment of the proceedings against the petitioners in C.C. No. 2638 of 2024 pending on the file of the learned X Additional Chief Metropolitan Magistrate, Secunderabad

2. The petitioners are arrayed as accused Nos'l and 2 in the Calendar Case registered for the offences punishable under Sections 79, 74, 77 , 115(2) read with Section 49 of Bharatiya Nyaya Sanhita, 2023 (for 1 I short'BNS, 2023').

3. Heard Mr. Khaled Bin Sayeed, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.'1-State and Mr. Wajid Mohd. Abdul Waheed and Mr. Mohammed Nabeel Ali, learned counsel for respondent No.2/ de-facto complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos. 2 and 3 of 2025 with the prayerJo-' I . permit them to enter into compromise and by recording the settlement to 2 \ / i(./

1. l.-\.,. I rr./ ) t)i -'t)''; 't tti.i , r/.1) \r. ;^,t .; 4t _,():; quash the proceedings against the petitioners/accused Nos.'1 and 2 in C C No. 2638 of 2024

5. This Courl vlde order dated 28.04.2025 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 02.05.2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enqtriries revealed that the parties have willfully and without coercion entered into settlemenUcomprom rse 6 I have considered the submissions of the learned counsel and perused the materials on record

7. Having considered the allegations, the nature of charged offences and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gran Singh v. State of Punjab and anotherl and Anil Mishra v. Stafe ot IJ.P.2; 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 1 2012 (1O) SCC 303 ' zoz+ Itrtsc ta9 I zorg (s) scc oeg 3 ,\' / It./ i..1..\a.,. l,ra,l j ot )())i tt/ttd (.ri.l)..\o. iS li ,t l0)l the settlement by exercising jurisdiction under Section 528 of BNSS, 2023, would be in the interest of justice.

8. Accordingly, l.A.Nos. 2 and 3 of 2025 are allowed. Consequently, all proceedings in C.C. No. 2638 of 2024 pending on the file of the learned X Additional Chief Metropolitan Magistrate, Secunderabad, are hereby quashed against the petitioners/accused Nos. 1 and 2. q ln the above terms, the Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed. \ SD/- L.L.\KSH\II IiABU DEPIJT}' REGISTRAR //TRUE COPY// CTION OFFICER To, 1 . The X Additional Chief Judicial Magistrate, Secunderabad' 2. The Station House Officer, Gandhi Nagar Police station, Hyderabad' 3. Two CCs to the Public Prosecutor, High Court for the state of Telangana' at Hyderabad. [OU1-i

4. One CC to Sri Khaled Bin Sayeed, Advocate [OPUC] 5. One CC to Mr.Wajid Mohd Abdul Waheed and Mr.Mohammed Nabeel Ali, Advocates [OPUC]

6. Two CD Copies e+ Svs/PSL (Along with a copy of Joint Memo of compromise) HIGH COURT DATED:0910612025 COMMON ORDER IA NOS.2 AND 3 OF 20 IN/AND CRLP.No.5815 of 2025 '& \ I c cFTE -) ,s *. j# I $' !t ,ll + ALLOWING THE CRIMINAL PETITION IN/AND IA NOS.2 AND 3 OF 2025 IA lu )\ I IN THE HIGH COURT TOR THE STATE OF TELANGANA AT ITYDERBAI) l3 >

1.A.No. CRL.P.No. oF 2025 3 IN oF 2025 IN CC.No. 2638 OF2O24 (On the frle of the Hon'ble X Addl. Chief Metropolitan Magistrate, Secunderabad) Between: - Smt. Kaliwala Reshma, W/o. K. Sai Raj, Aged 28 years, Occ: House Wife, R/o: H.No.IDH Colony, Pardiwada, Bhoiguda, Secunderabad. AND

1. The State of Telangala, Rep. by its Public Prosecutor, High Court for the state of Telalgana, Hyderabad. '1

2. Kaliwala Sai Kumar @ Raj, S/o: Kaliwala Jai Raj, Aged:26 years, Occ: Labour, R/o.H.No. 16-5-332, Farath Nagar, Dabeerpura, Yakuthpura, Hyderabad.

3. Kaliwala Sailaja, W/o: Kaliwala Jai Raj, Aged:S8 years, Occ: Fruit Vendor, R/o.H.No. 16-5-332, Farath Nagai, Dabeerpura, Yakuthpura, Hyderabad. ...Petitioner/ Respondent No. 2 ...Respondent/ Complainant ...Respondents/ Petitioners t4 \ JOINT MEMO May it please 5'our Honour, It is submitted that due to some misunderstanding, t]'e Petitioner/Respondent No.2 lodged a complaint before the Police Gandhi Nagar, Hyderabad, basing on which a case in Cr.No.19O/2O24 was registered for the offence s lJ/s. 79,74, 77, 1-1-5 (2) t/w 49 of BNS against the Respondents/ Petitioners. It is submitted that during the pendency of tlle above case, on tl.e intervention of elders arrd well wishers, botl. the parties sat together, on which the Petitioner/Respondent No.2 expressed that due . to some misunderstanding he has lodged the complaint before the Potce Gaadhi Nagar, Hyderabad against the Accused persons and with the help of elders and well wishers their differences were sort out and now the matter has been settled between them. It is further submitted t1lat the Petitioner/Respondent No.2 herein agreed to withdraw the case i.e. CC.No.2638/2O24 which is pending on the file of Hon'ble X Addl. Chief Metropolital Magistrate, Secunderabad which is pending against the Respondents/Petitioners herein. As the Petitioner/Respondent No.2 agreed to withdraw the above case filed against the Respondents/Petitioners, no fruit full purpose will be served in continuing tl.e case in future. .t.f / t5 :/' It is further submitted that tJ:e Petitioner/Respondent No.2 do not want to proceed with the case and also do not have any objection to quash tJ:e proceedings in tJle above said case. ' . Therefore it is prayed that t1-is Honble Court may be pleased to permit the PetiLioner/Respondent No.2 and Respondents/Petitioners to compromise the case in CC.No.2638 /2024 whic}: is pending on the lile of Hon'ble X Addl. Chief Metropolitan Magistrate, Secunderabad against the Respondents/Petitioners ald to pass such other order or orders as this Hon'ble Court may be deems fit and proper in the circumstances of the case- K.Rrsr,u^ Signaturcs of Petitioner/ R.2 1) l/*'/-A 2) k,fuil Counsel for t].e titioner/ R. No.2 Signatures of Respondents/ Petitioners/A.No. 1 & 2. Counsel for Re ts/ Petitioners/A.No.1 & 2. HYDERABAD 2-) -04-2025. I I