✦ High Court of India · 23 Jul 2025

The High Court · 2025

Case Details High Court of India · 23 Jul 2025

1. The State of Telanqana, Rep by its public prosecutor, High Court of Telangana State, HTyderabrt. ' '- ...Respondent No.1 and CRLp in l.A.No.3 ol 2O2S

2. P.Bhavani, Wo. Bende Ajay Kumar, D/o. p. Devidas, Aged about 30 years, occ Softwa re E m o royee, i*o. rr nli,iriv Vi t ia;;, n" n;a ii,r" naai-nl"r i,iiro District. ...Respondent No.2 /petitioner and CRLp in l.A.No.3 ot ZO2S Petition under section 482 of cr-p.c 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar"p.iit.n, tt,u High.court may be pleased to quash the proceedings in DVC No..l7 of 2023 on the file of the Additionar Judiciai Magistrate of Firstbrass, NizamaorJ oi.trlt rt Bodhan. t.A. NO:2O F 2025 Petition under Section 482 of Cr'P C 528 of BNSS praying that in the circumstances stated in ir,I"rr'rlr.""i"0um of Grounds of Criminal Petition' the High Court may be pt""r.i"to'g";u.i .t"V of all further Proceedings in DVC No.17 of 2023 on the rire oi-t'r,L" nJoitionrt Judicial Magistrate. of First Class, Nizamabad District at Bodhan pending disposal of the main petition' t.A. NO: 3 0F 2025 Petition under section 320 (2), 359(2) of BNSS praying that in the circumstances stated in tf't H/l"*o"nJum oi 6rounds of Criminal Petition' the petitioners and respondent High Court may O" pi"""O to permit the i,iJ.)lp"t,*""r w'ho is tn.-pliiiion"tlt DVg.No 17 of 2023 on the file of the Additionat Judicial ruugirtlt! ;iFirst class, Nizamabad District at Nizamabad. . t.A. NO :4OF 2025 Betureen: P.Bhavani, Wo. Bende Aja Occ Software EmPloYee, R District. v Kumar, D/o. P. Devidas. Aged about 30 years'. io. Kunepally Village, Renial Mandal, NrzamaDad ...Respondent No.2 /Petitioner AND '1 . The State of Telangana, Rep by its Public Prosecutor' High Court of Telangana State, HYderabad' . . . ResPondent No.l

2. Bende Aiay Kumar. Sio. Ramesh, Aged..about 28 vears Occ Pvt Software' Th'attiannaram P 0' Nagole R/o. Road No.1a, uaoiui, i'{;;; 'eZndtiguaa Hyderabad.

3. Bende Ramesh S/o. Balaiah, Aged about 52 years' Occ Business' R/o Road No.14. Madhura ttagrrliia;-.dtag-uda, Tnattiannaram P O' Nagole Hyderabad 4. Bende lndra@lndumathi, W/o. Bende Ramesh' Aged about 48 years' Occ ' ilirr"*ii", -n-1". Road trio.14, Madhura Nagar, Bandlaguda, Thattiannaram 5. Bende Sirisha, D/o. Ramesh, Aged about 32 years' Occ Hou-sewife' R/o' - 'Haaorruo rlEi,, "Bandlaguda, Thattiannaram P 0' Nagole' P.O, Nagole, HYderabad R;;a- ruo.la, Hyderabad

6. Swaroopa, Wo. Sreeramulu , Aged about-32 years' Occ Housewife R/o - H iG.9i50, Bus Stand Coao, er'ag-ath singh Road' Jogipet' Telangana ... Petitioners/ResPondents Petition under section 32o (2), 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminil petition, the High court may be pleased to record the compromise and compound the offence in DVC No.17 of 2023 on the fite of the Additionat Judiciat lMagistrate of iirst Class, Nizamabad District at Bodhan. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing lhe arguments of sri Rapolu Bhaskar, Advocate for the Petitioners and the sri Jithender Rao veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and sri A.Suhas Chary, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRIJUSTICE N.TUKARAMJI - l.A.Nos.3 AN D 40F 2025 ln/And CRIMINAL PETITION Nq.6 127 0F 2025 COMM ON 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 DVC.No.17 of 2023 on the file of the Additional Judicial [Vlagistrate of First class, Bodan, Nizamabad District.

2. The petitioners are arrayed as respondent Nos.1 to 5 in the DVC registered for the offence punishable under Section 12 of the Domestic Violence Act, 2005.

3. Heard Mr.Rapolu Bhaskar, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.A.Suhas chary, learned counsel for the resPondent No.2.

4. 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 and by recording the settlement to quashtheproceedingsagainstthepetitioners/respondentNos.ltQ.5in DVC No.17 o'f 2023 2 5- This court vide orders, dated 30.04.2025 referred the parties to the High court Legal services committee for identification and to verify the voluntariness in arriving the settlement. Due to personal inconvenience the parties could not appear before the committee as directed by this court, this courT vide order, dated 19.06.202s referred the matter once again. The Secretary, High Court Legal Services Committee, has submitted report, dated 2s.06.2025 stating that as the parties did not appear their identification could not be recorded. vide order, dated 02.07.2025. this court once again referred the matter. The Secretary, High Court Legal Services Committee, has submitted report, dated

08.07.2025 stating that the parties are identified by their respective counsel and also on verification of Aadhar cards/ldentity cards and the enquiries reveal that the parties have willful and without coercion entered into settlemenUcompromise.

6. I have considered the submissions of the rearned counser and perused the materials on record.

7. Having considered the ailegations, 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. Stafe of 3 Punjab and anotherl and Anil Mishra v' State of lJ'P'2; Stafe 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 exercising lurisdiction under Section 482 Cr.P.C.1528 o,f BNSS, 2023, would be in the interest of justice' B. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed Consequently' all proceedings against the petitioners/respondent Nos'1 to 5 in DVC.No.17 of 2023 on the file of the Additional Judicial lvlagistrate of First Class, Bodan, Nizamabad District, are hereby quashed' I ln the above terms, the Criminal Petition is disposed of' Pending miscellaneous applications' if any, shall stand closed I ?orr- (r) scc-sos 2'zb74 trusc ls? ) ).o11[e) sce 6s8 To, SD/- M.JAWAHAR REDDY ASSISTANT REGISTRAR //TRUE COPY// { t, 0 SECTI OFFICER Bodhan.

1. The Additjonal Judicial Magistrate of First class, Nizamabad District at 2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at a Oire CC to Sri Ra'polu Bhaskar, Advocate [OPUC] +. One CC to Sri A.Suhas Chary' Advocate [OPUC] Hvderabad [OUTI t.t 5. Two CD Copies ry,' NVB/PSL (joint Memo Enclosing herewith) :., I i o (J ( t -1 HL . c 02 sEP 206 'I PI\ T HIGH COURT DATED:2310712025 COMMON ORDER lA.Nos.3 AND 4 o12025 ln/And CRLP.No.6127 ot 2025 DISPOSING THE CRLP AND ALLOWING THE l.A.Nos.3&4OF2025 ,\ -------7- A 24 (Memorandum of Criminal petition (UlSec.4a2 of Cr.p.C ISec.528 of BNS Act) IN THE HIGH COURT OF JUDICATUH.C rON THE STATE Cir TCUruCAruN AT:: HYDERABAD Crl.P No. Of 2O2S Against on the file of the Additional ludicial Magistrate of First Class, Nizamabad District at Bodhan DVC No.17 of 2023 Between:

1. Bende Ajay Kumar, S/o. Ramesh, Aged about 28 years, Occ: pvt Software, R/o. Road No.14, Madhura Nagar, Bandiaguda, Thattiannaram p.O, Nagole, Hyderabad.

2. Bende Ramesh, S/o. Balaiah, Aged about 52 years, Occ: Business, R/o. Road No.14, Madhura Nagar, Bandlaguda, Thattiannaram p.O, Nagole, Hyderabad.

3. Bende Indra, ffo. Bende Ramesh, Aged about 48 years, Occ: Housewife, R/o. Road No.14, Madhura Nagar, Bandlaguda, Thattiannaram P.O, Nagole, Hyderabad. 4 Bende Sirisha, D/o. Ramesh, Aged about 32 years, Occ: Housewife, R/o. Road No.14, Madhura Nagar, Bandlaguda, Thattiannaram P.O, Nagble, Hyderabad. l

5. Swaroopa , W/o. Sreeramulu , Aged about 32 years, Occ: Housewife, R/o. H.No.9/30, Bus Stand Road, Bhagath singh Road, Jogipet, Telangana. 1 2 The State of Telangana, Rep by its Public prosecutor, High Court of Telangana State, Hyderabad. And P.Bhavani, Wo. Bende Ajay Kumar, D/o. p. Devidas, Aged about 30 years, Occ: Software Employee, R/0. Kunepally Village, Renjal Mandal, Nizamabad District. .....Petitioner/Respondent ...Respondent No.1 25 .Respondent No.2/Petitioner n ]OINT MEMO FI LED BY THE BOTH PARTIES The above numbered matter was settled out of court and oonde nt No.2/p etitioner aqreed to comDromlse and have the Res o Compo und the offence U/Sec. 12 Protecti on of no obiection t Women from Domestic Violence Act 2005 in DVC No .L7 of 2O23 f the Additional Judicial Maqistrate of First Class, on the file o Nizamabad District at Nizamabad. ved that this Hon'ble court mav be pleased Therefore it is Resoondent etittohers/respondents, permit /oetitioner to ente r into comDromise and compound the case o.L7 of 2O23 on the file of the Addition al Judicial rate of First Class, Nizamabad District at Nizam abad in No.2 of DVC N Maqist view of Com D romtse. Hyderabad Datery{.}4.2025 1 L

3. B .qo JA s. p)' il) ,q 6F=- 2 o' ,"L',n!r..'' Petitioners: Counsel for the PetitiJHff6Spondents OVN"; ' Y Respondent: Counsel for the ResPon nt No. 2/petitioner

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