The High Court · 2025

Rudraraju Rarrakrishnam Raju S/o R. Satyanarayara R,a.1u, Aged about 53 Years, Or:c. Business, Rio. H.No. 8-2-293182, Flai no. 102. Trl-ip Residencv, Road no 71 ,'1 ia Enclave, Jubileehills, Shaikpet, Hyderabad. 500033. Rudraraju Sar cltrya Rani, Wio Rudraraju Ramakrishnam tlaju Aged about 5.,| Years, Occ ll:u5g Vry'1L, R/o. H.No. 8-2-293182, Flat- r o. 102, Tutip $^e^si{e^nclr R<>irrl no. 71, Huda Enclave, Jubileehills, Shaikp:t, Hyderabad- 500033 Narendra Varrna, S/o Rudraraju Ramakrishnam RajL Aged a :out 28 years, Occ. Bus nesr; 1/o. Plot.No.7 and I Road no. Zi JIUitee.rills, Shaikpet, Hyderabal-5()0033. Rathod Narsinr rrlu, (As Per FIR Rathod Narsimtu) S/o Fathcd copya Naik, lOeA +1 year:;, )cc Business, Rlo 12-7'll9A, Sri Nagrar Crolor y, Paiincheru. Patancheru Mr>,i ak Dist-502319. Pathlauath Ba y1, (ag Per-FlR Balu Nayak) S/o P Nar-ayarra. :rged 52, years, Oc.. Business R/o H.No.3-108/68, Ganesh Nagar, Crhi:ngicn'rrtta Medipalle, Uppal RRDis. AND I 2 3 4 A

6. P. Saraiah, S/r> ['. Ankush, Aged about 54 Years, Occ. Businer,;s, R/o Flat no. 303, Plot nc i79lA, PSR Complex, Addagutta, l(ukatpallT, Hyderabad- 500072. ...RESPONDENTS/PETITIONERS 7 The State of T e langana, Through CCS, DD, Police Station, H Tderabad Reo. by Public ,P"o:;r::utor. High Court for the State of T-elar,gan l, High Couit, Hyderabad ...RLiSPONDENTS Petition under section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to permit the Petitioner/defacto complainant to -ompound/compromise ihe proceedings in F.l.R.No. 148 of 2023 on the file of PS, CCS, DD, HYderabad. l.A. NO: 4OF 2025 .Petition under section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to record the compromise between the de-facto complainant and the Accused. No 1 to 6 in F.l.R.No. 148 ot 2023 on the file of PS, CCS' DD' Hyderabad and quash the proceedings- This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri G. sundaresan and sri Rajashekhar Reddy Mallu, Advocate for the Petitioner, sri Veeramalla, Additional Public Prosecutor on behalf of the Jithender Rao 1 and of Sri M. Diwakar, Advocate for the Respondent No 2' Respondent No The Court made the following: ORDER THE *ONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos. 3 and 4 oF 2025 ln/And C:RIMINAL PETITION No .5971 0F 2025 COMMON ORDI:R This orrmi.ar petition is fired under Sectio, 512B ,f Bharatiya Nagarik Suraksh r Sanhita, 2023 (for short ,BN{}S, 202 3,) seeking quashment cf th. proceedings against the petitioners in (lrirre No..l48 of 2023 of Centrai (-;rlne Station, DD, Hyderabad Distrig.

2. The pe'tit c,1ers are arrayed as accused Nos. - to 6 ir the crime registered for the ,ffences punishable under sections 406, 42 0 read with Sectron 34 of the lrr,lian penal Code, 1g60. J Heard I\/lr Cl -iundaresan and Mr.Rajashekhar Rr:ddv l\,4allu, learned counsel for the p,etitioners, Mr.Jithender Rao Veera ma, ;, rearned Additional Pubiir:: ;) .r>secutor, representing the respondent No.. _State and Mr.M.Diwakar lc:rrned counsel for the respondent Nc.2lde,acto compla ina nt

4. Pendinr; this; :etition, the parties have entered into the cr,mpromise and, accordinqly, r:spondenl No.2lcte_faclo complain:rnt riled l.A.Nos.3 and 4 of 20ZS wilh "he prayer to permit them to enter intr cc mpromise and by record ng ir.: set,ement to quash the proceedingrs a;ainst the--._ petitioner/accr_tserj rr Crime No: 148 of 2023. 2 NTI!/ l. l.\0.'.i, ldI ol 10,') in/ anl (.rj.P.\o-i971 al 2025

5. This Court vide 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 30.04.2025 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 parties have willfully and without coercion entered into settlemenUcomPromise.

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 between the parties, in the light of the dictums in Gian singh v. sfate of puniab and anotherl and Anil Mishra v, stafe of ll.P2; State of Madhya Pradesh v- Laxmi Narayan and others3, this court is of the considered view that quashment of the impugned proceedingsinviewofthesettlementbyexercisingjurisdictionunder Section 482 Cr.P.C.t528 of BNSS, 2023, would be in the interest of ,lustice , 2012 (1O) SCC 303 'z 2024 INSC 189 r 2019 (5) Scc 688 J \7R./ / l.'r,, i tn1 101 2l)!i uf dntl L .r..1) '.,0 i9-1 a.l 202i

8. Accordinqlii l A.Nos.3 and 4 of 2025 are allovtred. Ccnsequently, all the proceedings in Crime No.'148 of 2023 of Central Crirre Station, DD, Hyderaba,J lte hereby quashed against the petition,:rs/accused Nos.1 to 6 I To, ln the erbove :erms, the Criminal Petition is disp<lsec of . Pending rnisc ellaneous applications, if any, shall stand ( losed Sd/, T. JAYASREE DEPUTY REGISTRAR //TRUE COPY// EC TION OFFICER 1 2 3 4 5 6 7 The Xll Additi,>arl Chief Metropolitan Magistrate ailampally, l{yderabad The Statir:n Hcuse Officer, lnspector Admin (DD) Poli':e Statio r, Hyderabad Two CCs tc Puhlic Prosecutor, High Courtforthe State of Tele'ngana, High Court, Hyde ra b ad One CC to lir I Sundaresan, Advocate [OPUC] One CC to lir rajashekhar Reddy Mallu, Advocate [OPU()] One CC 1o iir \l Diwakar, Advocate IOPUCI Two CD (lcp ,) i (Along with a ccpy of Joint Memo of Compromise) VH/PSL .\/t, (. _r. E \ HIGH COURT DATED: 02105t2025 COMMON OITDER l.A. NO: 3 AND 4 OF 2025 IN/AND CRLP.No.59it1 of 2025 .:: - -r-. .--'- ,-rt ,t' \ ti I. 2i25 r. () Q * DISPOSING (]F THE CRIMINAL. PETITION I .l I 1 I I I l i : ,["L IN THE HIGH COURT FOR THE STATE OF TELANGANA AT:: I.IYDERABAD CRL.P.NO oF 2025 BETWEEN: l. Rudraraiu Ramakishnam Raju' S/o R. S atYanaraYana Raju' Ased about 53 Years, Occ: Business' R/-o. l{.No. 8-2-293182, Flat no' 102' ri,t-io-R.sia.n.y, Road no' 7l ' Huda Enclave' .iruiL.f' I f f t' strait<pet, H yderabad- 50003 3' 2. Rudraraiu SandhYa Rani Wo n i.ata.1u Ramakrishnam Raju nn.a uUo* il Y"utt, Occ: House- Wife' U"o. H.No. 8-2-293182, Flat no 102' i,rrio-n..ia.n"y, Road no' 7l ' Huda Englgve' jruii..nirf., Shlikpet' Hyderabad- 500033' 3. Narendra \A€+, VcT/hq (-- S/o Rudraraju Ramakrishnam Raju A"J rl*,)g Years. occ: Business' fuo' Plot'NoJ & 8 ff;;;- ;i, ;,iir"'t'il', Shaikpet' Hvderabad- 500033' 4. Rathod Narsimhulu, ', il;;; iin nuihoa tu.'i-1"1 S/o Rathod Gopva Naik' I'"rl+""u.r. O.c nusin"s', No l2-7ll9A' Sri Nagar Colony' pi,rr"r',"i, Patancheru Meda* Dist-5023 l9' ' ,;;;;iRnalu Navak) Sio P Naravana ' il,t eutin"tt, R/o ti'No l- to8/68' Ganesh Nagar' Cfr.t gl"ttr.m fntedipalle, Uppal R R Dist'

5. Pathtauath BalYa, ased 52'vears'

6. P. Saraiah S/o P' Anll:ush, Ased about 54 Years, Occ: Business' R/";F;i ;. 30i. Plot no' 279 I A'PSR complex' il;rg"nr, Kukatpally, Hyderabad- 500072' PETITIONERS/ACCUSED' NOS'I to 6 And

1. The State of Telangana, Through CCS,DD, Police Station' l"+Vt{"= R->-atla /2^^,.-' \ L n ,,&.lro>ru^ **+=- t t 6313^ .- D- Q.^^-^lr^ \ Ar ,-Pn )' ,a 2 ilr,.;er rFlo Rep by public prosecutor, Ili*lr ,.rn lor the State of Telangana, IIrglL{.. r rn. Hyderabad

2. Ptr i. ri r Jlarinder Reddi, S/o puliyala Krishra. Apt ti tl', t r JJ years, Occ: Business, 1i,k d,,,, Viilas. Viita No.A8, Cactr',,,,,r,. Ranga Reddv Disf rict. rl-)',' 5.)-4-II2. Taiatapaly. Kondaparhi Road. ,.r-],l '\d/ rl,(tir ,'errdalam. Hanamkonda Warangai Uriran_r111,1 ,1, RESPONDENTiDEFACTO C.]M], LAINANT iQlNl \4r, r rlr I+ED Ey ,U. r ) B t,s poNpENrs 2 /pE_F;aTo-aoffil a rl iaxr lH;EpEJl_IasRs,AC( us :p.No r to 6 1 The F',:titi,r rerAccused. No I to 6 148 ol _r I ,,rr rhe file of Sec. 4Q6i.,12,',r ()F IPc. has been i,nplicate t in F.I.R.No. PS, CCS,DD, Hyderabad 1br ,rffence under l, )re I We

2. I subrr ir tlrrr I /odged a complaint alleging that on 27.04-'.'.1)23 at about 1615 horrrs (:( nrplainant is an NRI residing in USA sinr :e .Aoril 199g. In the year 2 LrC,:, complainant met r.i,ith Ramakishna Rr1.u throu qh couple of his friencir;. t.l formed complainant that he is a builcler and film distributcr .u: J 'vas and deceived by many people. ,\s s _rch :omplainant helped hir b. 1 >roviding financial assistance in sefting rrp atr office and rr. rreeds. Every year complainant use d to vis t India and r ;.:d to arrange funds as needed to Ramalcrinh ra ra.1u and lris debts around 19 lakhs. While this rvar; rn ;rocess the said Ranta l ::, s lrr r r ralu insisted complainant to raise f_rnds to r !:vel op his each time h.r also cleatrrrl all other da.r rr complainant informed him that he hav ng 1116 perty rn worth of 12 Crores and the said Ranrakn shLla Raju irrnount of Rs. I Crore on the land b.l morlga s l luatures of complainant when he visitetl In< ra. When qlng lt q B. [+#*--t-'r- r{ Bac q b ? $""^r^^ I I -- /:"--- P.1,.r business. zt:; srrr Warangal .r,lrir:h took loan f,:r.arr taking relerr,,:r rt. I Lrivrl". L A S^,^.lt^' p; f 'r. L complainant asked regarding the loan amount the said Ramakrishna Raju informed him that he was again deceived by another person by name Surender and he also failed to repay the loan amount' Further Ramakishna informed complainant that he found persons by name D' Srinavasa Rao and vishveshwar Rao who can alTange the amount to repay the same to bank and in retum they asked for ioint agreement between them to raise amounts from bank which will be distributed equally among them and also to be repaid accordingly' In the month of March 2016 an amount of Rs 25 crores got approval on the same land by Punjab Nationat Bank, Orissa and around 6 crores was released in different phases and futher disbursement of funds was stopped by the bank. All the loan funds were transferred from onuava enterprise to Gayathri enterprise which complainant was not aware as Ramakrishna Raju informed him that half the funds were taken by Vishveshawara raju and only half the released funds came to them After 7 months the bank started sending the letters and declared the company as NPA and started the process to take over the property' When complainant questioned Ramakrishna Raju regarding all the things he was telling and had accepted the fact that he used the fund for his own personnel needs and gave in writing that he will pay back the same in a span of 3 months' After 3 months when complainant tried to follow up hi frequently' The Police registered the said complaint as a case in crime No' 148 of 2023 under Sec. 406, 420 of IPC. On 18.5 '2023 police filed altercation memo adding the Sec 5 of TPDFE Act-

3. Aggrieved by the said initiation of criminal prosecution the present petition is filed to quash the proceedings amounts to abusing the process of the courl resulting in grave injustice to the Petitioner and to secure the ends ofjustice. t"ny-rE- \ \ 0,'Yo+>r'**-+--- a*- R s-," a1"3q. I P;' r-{ (R \ i) fr rar E!!lc!F.*--=--' 4 )q 4. I respelf{ul v submit that during the pendency of the pr',ceedings, the cornn.orL 'iiends and 'i.vell wishers of both the l)etit;oners and respondirnt intervened and advised them to l;ettlt: th: disputes amicably l<ceping the interest of the both parties since th: disputes purely in r;i,' jl disputes which is already pending t,etlri:en he parties and dispul.c:, arose out of business transaction. Itr pursuatce of the amicabl,: sctt ( mcnt and compromise, I have agree.d tc wilhdraw the crimina.l r:rrsr: in Crime No. 148 of 2023 and all alleEatio rs leveled against rhc ,lr.::used I to 6 and I do not wish to co:rtintre th: criminal case agirinsl' llre accused and I have no objectior for qur Lshing the proceedjngs ir F.I.R.No. 148 of 2023 on file of the PS, CCS,DD, Hyderabad aqainst the accused. No I to 6. Pursuant to the tettlement and cor.m:,rorrire the accused have agreed to pay an anrornt of Rs. 2,50,00,tX)(), I Rupees Two Crore fifty Lakhs only] to nrc to wards fuIl and fina' sr:ttl: ncnt for all past and future claims ard I have agreed to receive thc, s r tl amount. I shall have no claim wha:soe.ier ; gainst the accused. t. r' r r L n-Ly children, agEnts or any one cla imirLg rl.: rough me shall nc,l filr: r-r1,civil and criminal cases against the Accused and in respect (rl,-h: :;ubject properfy. Pursuant to the setLlement rLnd MOU wherein it ri,as aereed to cancel the sale deed vide Do:.Nc. 4534 of 2023, e.xec:1:l br R. Sandhya Rani in my favour, .,vhich rvrs subject matter crl' ().! . f lo. 402 of 2023 filed by the 2nd accusr:d viz., I., Sandhya Rani on tlrr: iourt of IX Addl. Chief Judge City Civil Court at Hyderabxl u'irr also cancelled by the both of us on 1g11-2024 by jointl), ,:rr:;r:t rre the cancellation deed. I submit tha:. on my own volition anl r,,.ll and consent cancelled the sale d:ed vide Doc.No. 4534 of 20.2-l and there was no fbrce or coerce to c.ncel the said sale deed. I stbrt t .hat the complainant and accused havs p1yi6 t ie agreed total am()r.l.rt c 1 Rs. 2,50,00,000/- by way of Demand D:afls On 27_ [er\l-lN'-"''-' \ q lt h.s>)J^'*--+- . P'Sr',^,a,\'r, ,2,; fl Bo\3^ C) o I t. u' l-ilh,'') 5 Og-2024Rs. 50.00 lakhs was paid through D'D'No' 000610 from the account of R. Sandhya Rani, on 30-09-2024 Rs' 50'00 lakhs through D.D.NO. 000611 from the account of R' Sandhya Rani' on 11-11- 2024 Rs.47.OO lakhs through D'D'No' 000622 fiom the account of R' Sandhya Rani, on 18-1I-2024 Rs' 23'00 lakhs through D'D'NO' 000633 from the account of R' Ramakrishnam Raju' on 22-04-2025 Rs. 20.00 lakhs through D'D'No' 000802 from the account of R.Ramakrishnam Raju, on 2l-04-2024 Rs' 10'00 lakhs through D.D.No. 000801 from the account of R'Ramakrishnam Raju and on Rs' 10.00 lakhs through cash An amount of Rs' 2'10'00'000/- was paid throughD.DsandthebalanceofRs.40.00lakhswaspaidbycash. Thus the total amount of Rs' 2'50'00'000/- are paid to the complainants. I further submit that I shall have no claim whatsoever arising out of MOU dt' lg-07 -2023' In view of the settlement and compromise of the matter, I respectfully submit that no further cases and claims shall be filed or made against each othEr in future' I have no interest to continue and prosecute the criminal proceedings against the Accused.Nolto6andlhavenoobjectiontoquash,theproceedings against the Accused'No l to 6 Therefore the continpation of proceedings against the Accused' No 1 to 6 is nothing but abusing the process of the court and precious time of the iourt would go waste' It is submitted that I have entered into compromise with the Accused on my own volition and Will .and consent There is no coerce' force' any undue influence and collusion' In view of the settlement and compromise no purpose would be served if the proceedings are continued and theretb-q the proceedings against the Accused'No'l to 6 !n view of the circumstances, if the are liable to be quashed' 148 of 2023 on the file of PS, CCS, DD' proceedings in F.I.R'No' \ 1..a;v4V-2- - )-R Sq"^.-t/"5"1-^; a..' / \ g \1"Gr)rlttr.--*"---- {qryv \ PnL > ?I -,t'- ) 6 Hydelal-,a,i iLgainst accused are not quashed, the, Ac,:use l. No. 1 to 6 will srrllb: rrreparable loss .and injury.

5. In vir:i,, ,rf the settlement and compromise no prtrpo,L. rvould be servecl il'r.he proceedings are continued and there forc the proceedings against lh: Accused are liable to be quashect. In r iew of the circurr strrn c es, if the proceedings in F.I.R.No . 14g or 202r on the file of PS. tr(rli DD, Hyderabad against accused. No 1 tr 6 are not quashed, tlrr {ccused. No. 1 to 6 will suffer ir.reparable losl ancl injury. 6. It is praved that this Hon,ble Court may be preassd tc record the compromis: Iretween the de.facto complainant ancl the Acr used. No 1 to 6 in [r.I.R.\o. 14g of2023on the file of pS, Cl]S, DD, llyderabad and quash tle proceedings against the petitioners/A 1 to ( and pass such othr:: ,r . further orders as this Hon,ble Cour. ma' dr cm fit and proper I I l ', fur1:'iL--a- 1. Rudrara.ju R amakrishnam Raju , *,8,;1,,r::/h*l#n" Qr*r"''' 3. Narenrlrrr \, t rrna. B. ho.n5t',*.,*. . 4. Rathoc, Na:s I nhulu, (As Per FrlR. Ii. rthod Narsi mlu) )- 5.P athlauath Il, r Per l; lR E I lu ak) I' COI]NS]]L, Ii(.,1a PETITIO},II] R:J / A.CCUS ONER/ ED HYDER,\I].',.L, DATE 'z-:; l,'Lt{ \c I @ulil ala IIarir der Reddy) (L r Reddy) ) q1r1L 6B P. SrLraia_r ? SEL F]R II.ESI ONDNET.NO. 2 DE-FAC'to coNI)LAnVAI{T iU' DIWz\KAR *' 4D,ib\3,1#l E:". j: : -1011 R€s,d,ncy Srafr euarters. ,[ il;l ;A i,ffi i,.? ff ffi i,].,:i,3;1; ,