The High Court · 2025

Petition under section 52g of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminar petrfion, the High court may-re glggsed to quash the proceedings in c.c. No. 6043 r2022 on tn-e rite or tne lvtn Add,itional Junior. civil Judge cum XV Additional Judicial Magistrate of Frrst class, Medeha l-Ma lkajg iri District at Kukatpaily; l.A. NO: 2 OF 2025 Petition under section 52g of BNSS, 2023 praying that in the circumsrances stated in the Memorandum of Grounds of criminar pLtiiion,tne Higr-, court.ay-u" pleased to grant stay bf all further proceedings in c.c. No. 6043 | zozz on tne ttte of the lvth Additional Junior civil Judge cum XV Additional Judicial rraagistiaie ot First class' Medchar-Markajgiri Districi at Kukatpaily incruding ,pp""r,i". oi1n" petitioner; |A.NOS.3 & 4 0F 2025: BETWEEN: Kethavath Suresh, S/o. Labour H. No 2-15, N/o District, Mahbubnagar. Kethavath Hathi Ram Aged 26 years, Occ . Daily Narsaiagpally Village PO Ananthavaram. Balmooi ...PETITIONER/RESPONDENT NO.2 IN BOTH PETITIONS AND

1. Smt Kommu Kalpana, D/o. late Narsimhool Aged 44years, Occupation . Advocate R/o. H.No 8-3-2281460, Rahmath Nagar Yousufguda, Hyderabad. RESPONDENT/PETITIONER/ACCUSED IN BOTH PETITIONS

2. State of Telangana, Represented by Police Station KPHB ()olony Kukatpally Mandal, Cyberabad Medchal f\Ialkajgiri District Through Public Prosecutor in the High Court for the State of Telangana At Hyderabad ...RESPONDENT IN BOTH PETITIONS l.A. NO: 3 OF 2025 Petition under Section 359(6) r/w 528 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 / 2nd respondent / Defacto Complainant to compound the offence in C.C. No.6043 ol 202:2 on the file of Vl Addl. Junior Civil Judge-Cum-Xv Additional Judicial Magistrate of First Class, Medchal Malkajgiri District at Kukatpally and quash the proceedings by compounding the offences; l.A. NO: 4 OF 2025 Petition under Section 359(2) r/w 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Crimini:l Petitiori,the High Court may be pleased to compound the offence in CC. No 6043t2022 on the file of the XV Additional Judicial Magistrate of First Class. Medchal Muikajgiri District at Kukatpally punishable U/s. 304(4), 201 R/w 34 IPC and allow the parties to record the compromise; This Petition coming on for hearing,upon perusing the, Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PRABHAKAR PERI, Advocate for the Petitioner and Sri Jithender Rao Veerarnalla, Addl. Public Prosecutor on behalf of the Respondent No. 1 and Sri P.'y'enkata Ramana, Advocate for the Respondent No.2; The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI LA.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No.6068 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 C.C.No.6043 of 2022 on the file of the learned lV Additional Junior Civil Judge-cum-XV Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District at Kukatpally

2. The petitioner is the sole accused in the Calendar Case registered for the offences punishable under Sections 304-4, 201 of the lndian Penal Code, 1860

3. Heard Mr.Peri Prabhakar and Mr.Peri Viswajith, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.'l-State and Mr.P.Venkataramana, learned counsel for the respondent No.2/de-facfo complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved LA.Nos.3 and 4 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to 2 NTR,/ I .1..\,0.t.I ard 1 of2a25 in/an! Cr/. P.ito.606t of 202i quash the proceedings against the petitioner/accused irr c.c.No.6043 0f

2022. 5 This court vide order dated 2g.04.2025 referred the parties to the High court Legar services committee for identification ,nd to verify the voluntariness in arriving the settrement. The secretary, r-righ court Legar Services Committee, has submitted report dated 30.04.2025 stating that the parties were identified by their respective counserr and arso on verification of Aadhar cards/rdentity cards and the encluiries reveared that the parties have wiilfuily and without coerciorr entered into settlemenvcompromise 6 I have considered the submissions of the learnerj counsel and perused the materials on record 7 ' The accusations against the petitioner/accused in the porice Report are that on 12.06.2022 at about 4:00 AM, the wife of the respondent No-2ldeJacto comprainant, whire trying to switch on the r-.rectric motor, she sustained erectric shock and died due to erectrocution. Areging that the petitioner/accused had negligenfly left electric vyires at the construction site and it caused the death, Iodged the compraint. Having considered the allegations, the charged offences and rhe amicable settlement between the parties and to restore peace among them, in the t .) J ,\rrlRrr l.A.Notia 4oJ2025n/a Cr/.P.N0.6068 of 2025 {:- light of the dictums in Gian Singh v. State of punjab and anotherl and Anil Mishra y. Sfate of tJ.P.2; Sfate of Madhya pradesh v. Laxmi Narayan and others3, this Court is of the considered view that a quashment of the impugned proceedings in view of the setflement by exercising jurisdiction under Section 482 Cr.p.C.t528 of BNSS, 2023, would be in the interest of justice. B. Accordingly, l.A.Nos.3 and 4 of 2OZS are allowed. Consequenfly, all proceedings in C C.No 6043 of 2022 on the file of the learned lV Additional Junior civil Judge-cum-XV Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District at Kukatpally, are hereby quashed against the petitioner/accused.

9. ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed /ffRUE COPY// S-D,: MoHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER To, Kukatpally, Cyberabad Medchal IVlalkajgiri District at Kukatpally '1. The IV Addl. Junior Civil Judge -cum-XV Addl. Judicial First Class Magistrate, 2. The VllAddl. Junior Civil Judge -cum- XXXII Addl. Metropolitan Magistrate, 3. The Station House Officer, KPHB Colony P.S., Cyberabad 4 One CC to SRl. PRABHAKAR PERI Advocate [OPUC] 5. One CC to SRl. P. VENKATARAIUANA Advocate [OPUCI 6. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 7. Two CD Copies (Alongwith a copy of Joint Memo of Compromise) VSlr//gh flA- ! HIGH COURT DATED:0210512025 j o o ( ! iq ', ,'i ': S i;i 16: 26lltl 2925 (- ,1, :- ,a',.,'t' ...)z ,',/ ORDER !A.NOS.3 &4oF202s IN/AND CRLP.No.6068 of 2025 ALLOWING THE IA.NOS.3 & 4 OF 2025 AND DISPOSING OF THE CRIMINAL PETITION ( A- 6 6 v\ JOINT MEMOOFCOMP ROMISE May it please your Lordship, 1' That due to the advice of erders and well wishers, both the pariies have came forward _to compromise the matter outside of Cour! as the case is filed against the above said person due to misunderstanding. That both the parties having no objection if the criminal case is closed in c.c. No. 6043 / 2022 on the file of the IVrh Additional Junior Civil Judge cum XV Additional Judicial Magistrate of First crass, Medchar Malkajgiri District at Kukatpally for the offences pr.rnishable UA. 304(A.), 201 of IpC. 2' That the petitioner has agreed to withdraw the case against the respondent / accuscd in c.c. No. 6043 /2o22ori the file of the IVth Additional Junior civil Judge cum XV Additional .ludiciar Magistrate of First crass, Medchar Malkajgiri District ar Kukatpairy U/s. 304(4), 20r of II,c unconditionaly. 3. That in view of the settlement reached between us no purpose will be served in the proceedings in c.c. No. 6043 /2022 onthe file of the IVth Additional Junior civil Judge cum XV Additionar Judiciar Magistrate of First class' Medchal Malkajgiri District at Kukatpalry for the offences U/s. 304(A),201 of IpC is continued furrher. 4 That the petitioner has no objection for proceeding to crose the matter. (N* / I4uR6l-/ /* l

5. That both the parties have settled the dispute amicably and entered into compromise. The petitioner filed an affidavit in the above lretition to that effect. Therefore, both the parries pray this Hon,ble court may be pleascrl to;^"ffiHb-ftj-'r. the offence in in c.c. No. 6043 /2022 onthe fite of the IVth Ad,litional Junior civil Judge cum XV Additionat Judicial Magistrate of First class, Medchal Malkajgiri District at Kukatpally u/s. 304(A), 20r of Ipc in the inrerest ofjustice and pass such other order or orders as this I{on'ble court may deen-. fit and proper in the circumstances of the case. ./ k-Su RES7 De-facto Complainant p"Ll-.lP* Accused 1 coun K*ffi W-P"8nKffi,^fu10 petition )omplainant