High Court · 2025

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 against the petitioners/Al to A8 in Spl. b.C.po.OZ af ZO2i on the file ot Spt. Luage for Trial of Cases under SCs & STs (POA) Act-cum-lll Addl, District & Sessions Judge, Karimnagar, for the offences U/Sec,140(3), 329(4) 115(2) rl2 49 BNS and 3 (2) (va) :f S:heclute Castes and Scheduled Tribes r IrC)A) Amendment Act, 20 15; l.A. NO: 2 OF 20.:2!; Petition rrde r .iection 528 of BNSS, 2023 praying that in thr,: circumstances stated in the Mernr;r:ndum of Grounds of Criminal petition,the High Court may be pleased to grarn. s;tay of all further proceedings including apprsarance of the petitioners/Al to AE in spl.s.c.No.67 of 2025 on the file of special Judge for Trial of Cases Under llOr; and STs (POA) Aclcum-lll Addl. Distric. and Sessions Judge. Karimnirg:'. |A.NOS.3 &4()F ?.125 BETWEEN: Kamatam @ Karntarn Krishna Vamshi, S/o.Mallaiah Aged ab,tut l,i4 years, Occ . Xerox center R/o l-1.l,lc 3-93, Burgupalle Village, Boenpalli tVlandal, Rajanna sircilla District, (Karimnagar' --,istrict) T.G. PETITIONER/RESPNDENT No,.2 IN BcITH PETITIoNs AND 1 2 3 4 5 6 7 B I Jakku La>'nr, Wo.Rajaram Aged about 41 years, Oc,:; Housewife R/o.H.No.3-:i!) Manal Village, Rudrangi Mandal, Nizamabad Cristrict. Jakku Rajersi erltar, S/o.Jakku Rajaram Aged about 24 5,earr; Occ . private Employer-' l,/aral Village, Rudrangi Mandal, Nizamabad D,strict.. Kathi Ranrer;rr @ Ramu @ Ramanna Mother or, Ki,rthi Devandra, S/o.Nara,/ana t\ged about 33 years, Occ Agricultu-e Fl/o.H. No.4_4211, Marrigadda \/ I age, Chandurthy Mandal, Rajanna Sircilla l)istr ct. (Karimnagai District), l.ri Gotte @ B()rrna Padma @ Honey Rao, C/o.Gotte [\4anohar, Aged about 42 years, O,)c. llousewife, R/o.H.No.B-3, Main Road Konaraocel Village and Mandal, Ra jan rr;r Sircilla District. Gotte Manora r, S/o.Narsaiah Aged about 42 years, Oc:: Agriculture R/o.H.No 8 3 Vlain Road, Konaraopet Village and r\ilandal l:lajanna sircilla District. chakrala lr/urr i Krishna @ Tillu, s/o.chakrala chinna Devaiah Aged about 30 years, Or;c. 13usrness R/o. H. No.12-33/A, Cheerla Vancha Village Sircilla @, Karimnagar [)ts,trict. Gugulothu rd orgolothu Jagapathi Babu, sio.Guguroth Nararrari Aged about 28 years, Cc: Business R/o.H.No.2-63, Shanthinagar, Vanoarlli, Girjanpalle, Karimnagar D st.ict, Ekkaladevi 3,alirkishan, Sio.Ekkaldevi Devaiah Aged abour 3l ,,,s21s, g... Agricultur,: :?,t: l-1.No.9-4-126, Bhagavantharao Nigar Vemulavvada Village and Manoal .<.zuimnagar District. RESPONDENT/PET|TIONERS/ACCUSE:D NOS.i TO I IN BOI'H PETITIONS The State ot'-relangana, rep. by its public prosecutor, High Cor.rrt of Judicaturer l't tlyderabad. ...RESPONDENT/RESPONDENT NO,1 IN BOI'H PETITIONS I.A. NO: 3 OF 2025 Petition under Section 359(6) r/w 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Corrt ,"y be pleased to accord permission to compromise the above "11".-in Sol.S.C.N;.67 ot ZOZS on the file of Special Judge for Trial Cases under SC/ST (POA) Act-cum-lll Addl. District and Sessions Judge, Karimnagar,; I.A. NO:4OF 2O25 Petition under Section 359(2) r/w 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High C";; ;;t be pleased to record the Compromise and quash the proceedings^in 2025 on the file of speciat Judge for Triat cases under sc/ST ipis.c.Nt.OZ (POA) Act-cum-lll Addl. District and Sessions Judge, Karimnagar,; 'ot This Petition coming on for hearing,upon perusing the Memorandu-m. of Grounds of Criminal Petitio-n and upon hearing the arguments of Sri T SAI CHAND nor""rt" for the Petitioners and Sri Jithender Rao Veeramalla, Addl Public 'p,o.-*io. on behatf of the Respondent No. 1 and SRI NIMMARABOINA UnVegru KUMAR, Advocate appear for the Respondent No 2; The Court made the following: ORDER i6a = t E |1 :.,r- r. THE I-III]NOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AN D 40F 202s ln/And CRIMINAL PETITI ON No.5922 oF 2025 COMMON ORDE tt This criminar petition is fired under section szg of Bharatiya Nagarik Surakshzr Sanhita, 2023 (for short ,BNSS, 2023 ) seeking quashment of the 1:"oceedings against the petitioners/accused ^rros.1 to g in Spl.S.C.No.67 <tf 2025, on the file of the learned Special Judgqe for Trial of Cases under rS.()s & STs (pOA) Act-cum_lll Additional D strict and Sessions Judge, t<.;rrimnagar.

2. The petitione,rs are arrayed as accused Nos.1 to B in the sessions case registered rr>" the offences punishabre under Sectionr; 140(3), 329(4)' 115(2) F'.ha' 49 of BNS and 3(2)(va) of schedured czrstes and Scheduled Tribes (pOA) Amendment Act. 3 Heard tvlr T.siai chand, rearned counser for the pt,rtitioners, Mr.Jithender Rao \/eeramaila, Iearned Additionar pubric prrrsecutor, representing th,3 resprondent No.1-State and Mr,Nimmaraboina Naveen Kumar, learned c.trrser for the respondent No.2/de-facfo comprainant. 4 Pending this p'tition, the parties have entered into the con.rpromise and, accordingl,y, res;ponde nl No.2l de_facfo complainant filed l A. Nag.3.. and 4 of 2025 tui"h tle prayer to permit them to enter into conrpromise I I I i l 2 ^ri-fl,J IA.NosJ a 4 0J2025 in/ard Crl.P.No. 5922 of 2025 and by recording the settlement to quash the proceedings against the petitioners/accused Nos.'l to 8 in Spl.S-C.No.67 of 2025.

5. This Court vide otdet dated 29.04.2025 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 01 .05.2025 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 parties have willfully and without coercion entered into settlement/compromi se.

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, in the light of the dictums in Gian Singh v. State of Punjab and anotherl and Anit Mishra v. State of U{.2; State 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 by ---J-\d- r '2012 (10) scc 303 'z zo24 INSC 189 ' 2019 (s) scc 688 . I I l 3 ,\,n{J I-'1.-t,r,. i tnd I rtf2025 in/ and Crl.P);c. i922 of 2025 exercising jurisdict on under Section 482 Cr.P-C't528 of BNSiS' 2023' would be in the inte'rest of justice

8. Accordingly l.r\.Nos.3 and 4 of 2025 ate allowed' Conr:;equently' all the proceerlingl:; in Spl.S'C No'67 of 2025' on the file 'lf tl-e learned Special Judge to' Irial of Cases under SCs & STs (POA) l\ct-cum-lll Additional Distrirl and Sessions Judge, Karimnagar' are hereby quashed against the petit orrors/accused Nos'1 to 8' I ln the abc,ve, lerms, the Criminal Petition is disposed of' Pendingl rnrrioellaneous applications, if any, shall stand clcsed' SD/ MOHD.ISMAIL DEPUI-Y REGISTRAR //TRUE COPY// / SECTION OFFICER To, l.TheSplJu,lgeforTrialofCasesunderSCs&STs(POA)A:t-cum-lllAddl District il ir:ssions Judge, Karimnagar The Static,n -c,use OffiCer, Boinpalli P S, Rajanna Sircilla [)istrict One CC t(, {iLll. T SAI CHAND Advocate [OPUC] One CC to {) 11. NIMMARABOINA NAVEEN KUMAR Advocate tqPqcl i*o cct',.0 itlBLlc PROSECUToR, High Court at Hyderabr'td (OUT) Two CD C oP i:s (Alongwith a copy of Joint Memo of Compromise) 2 1 4 5 6 Vsm/PSL 4" 1ffi4 (^, HIGH COUR]- DATED:10t06[2025 o O i2 .o.:.\ 2 7 ,tut'i 2p5 t) ' r.,. ,-r. fl _:g ORDER IA.NOS.3&40F2025 IN/AND CRLP.No 5922 of 2025 ALLOWING 'I'HE IA.NOS.3 & 4 OF 2025 ANt) DISPOSING OF THE CRIMINAL PETITION 1 -)) ( HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl.P.No. ot 2O25 Against Spl.S.C.No.67 of 2025 (on the file of Hon,ble Special Judge for Trial of Cases Under SCs & STs (PoA) Act_ cum-lll Addl. District and Sessions Judge, Karimnagar) Betvveen: 1 2 3 4 trJ 6 lakku Laxmi, W/o.Rajaram Aged about 4l Yea$, Occ : Housewife R/o.H.No.3-39, Manal Village, Rudrangi Mandal, Nizamabad Disttict. Jakku Rajashekar, S/o.lakku Rajaram Aged about 24years, Occ: Private Employee R/o.H.No.3-39, Manal Village, Rudrangi Mandal, Nizamabad Distiict' Kathi Ramesh @ Ramu @ Ramanna Mother oF Kathi Devandra, S/o.Narayana Aged about 33 years, Occ : Agriculture R/o.H. No.4-421 1, Marrigadda Village, Chandurthy Mandal, Rajanna Sircilla District; (Karimnagar District), T.G. Gotte @ Bomma Padma @ HoneY Rao, C/o.Gotte lt4anohar, Aged about 42 Yea$, Occ : Housewi[e. R/o.H.No.B-3, Main Road Konaraopet Village & Mandal, Rajanna Sircilla District' Gotte Manohar, S/o.Narsaiah Aged about 42 years, Occ : Agrlculture R/o.H.No.B-3, Main Road, Konaraopet Village & Mandal, Rajanna Sircilla District. Chakrala Murali Krishna @ Tillu, S/o.Chakrala Chinna Devaiah Aged about 30 Years, Occ : Business Rfo.H.No.12-33/A, Cheerla Vancha Village Sircilla (R), Karimnagar' District. i .. ;..:,r, ., B 1 2 Gugulothu (! SLiilolothu lagapathi Babu, S/o.Gugulot r \_ r:hari Aged about 2ti 1ears, Occ : Business R/o.H.No.2 1:, :i,r rnthinagar, Vanparr,, Gl .ia ^.r:rl'c, Karimnagar Diskict. Ekkaladevi Balrk:I an, S/o.Ekkaldevi Devaiah Aged about.)1 1,,31-5, Occ : Agriculture R/o.H.No.9-. -. . (; 3hagavantharao Nagar Vemulawada V il arlr: & Mandal, Xarimna'gar District. AND The State of fr I.r.Jand, rep. by its Public.Prosec.lt I -igh Court oF Judicature Ar HyoeraDac . Kamatam Kri: h r,. '/ rmshi, S/o.Mallaiah Aged about 21 t,,t-.;, Occ : Xerox Center R/o.Burgupall Vil/ rI3, Boinapalli Mandal Rajanna Sircjl a t i, rict, T.G. ]OINT MEM O FILE Petitio,rers /Atc tsed No.1 to B I Respondent:;7,det actc Complainant DE \T N1O.2 f it is submiLted tr;r- tre Respondent No.2/defacto complainant is Ll^: residen[ of Burgupali Vi'age fire'1 'r : ('rnpraint on 22.08-2024 at 4.30 pM statincr that he operates a xerox shop in Bo'n r'r l viilage, he has performed marriagr: r'iih h s chirdhood classmate. she had r:xrr:::;:ed her desire to cut off contact with ler la-erts afterthe marriage. On 22nd /,u11s,. 2024 the complainant left for work at :rou rd 9.00 AM leaving his wife and his orr,:- sister, Krishnaveni at home. At approxirnafe y 12.15 pM his wite Dharani carerr r.c rr p rainant and informed him that her mcthe r har_r arrived at their home in Burugupar ; , rrrJ that she was frightened. His wife Drarani ,-::n abrup,y ended the ca' and cc rr cr'r r ant immediatery rushed home on h,s bike During his journey, he received a rc ilr:r call from his older sister, who tord hi.n t() hur ry because there *as a fight at their home' Upon arriving the complainant found that his wife Dharani was missing and saw his older sister crying' She explained that Dharani's mother, atong with four unidentified individuals had forcibty entered thelir home' used some kind of sprayed on both of her and abducted Dharani' A witness' Kapatem Susheela, informed the coirplainant that she had seen a woman and four men ' kidnapping Dharani and taking her away in a Car the complainant is seeking legal action to locate his wife and identify those responsible for the kidnapping his wife. Basing on the charge Sheet allegations' the court below taken the cognizance and numbered the case as Spl'S'C'No' 67 of 2025 and the same is pending for trial' Therefore, the defacto complainant has no intention to proceed with the decided to withdraw the above case in spr.s.c.No.67 of 2025. That the Respondent 'case and :i No.ghasnoobjectiontoa|lowLheabovecrimina|Petitionbywayofcompromise. I submit that during the pendency of the said case at the intervention of the 2) elders and well-wishers, since the alleged incident happened about' 9 qonths back and to acquire peace in both the families' they have come to a compromise amicably to settle the issue and not to disturb the present situation and to live happily and therefore to that effect the defacto comprainant has decided to withdraw the said case unconditionallY In view o . th., . bove it is prayed that this Hon,ble rlour! n;;.r' be pleased to record the Comp-oris_. and quash the proceedings in Spl.S C.11l.(,7 of 2025 on the file o[ Hon,ble Spcl J rcge for I rial of Cases Under SCs & Sl:; (pOA) Act_cum_III Addl. District and :ie s ;i.rrs ludge, Karimnagar, in the interest Of ju:;tice J .ert,, Petition#o.i o MLu,o espond-n i hr^ -) J. Petifion r No.2 ?^**34 Petitioner No.3 {z.Haag4 Petitioner Nd+ 9 Petiti oner No.5 Pe q. Petition q No.7 ^E-.B^%k;stwt rerrtroner No.B t Coun r the petition _"r ) /\0. Counsel for e pon dent'jo.2