The High Court · 2025
Case Details
(All are RTo 11-105 Sri ram nagar colony Jawaharnagar Balaji nagar Malkajgiri District). ...Petitioner/Accused 1 to 3 AND 1 ) State of Telengana, Rep by Public prosecutor High court of Telengana, Hyderabad Mrs Navathi hima Bindu, Wo Navathi Naresh Kumar Aqed. 32 years Occ. Housewife D/o K.Shankaraiah R/o 40-'1 Kasturi bai nag6r Moulilai tvlalkajgiri District 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 proceedings in CC No.263B ot 2O21 pending on the file of the learned Principal Junior Civil Judge cum Judicial Magistrate of First class at Malkajgiri in view of the settlement between the Petitioners and the Second Respondent. ...Respondents l.A. NO: 2 OF 2025 Between: Mrs Navathi Hima Bindu, Wo Navathi Naresh KumarAged.32 years Occ. BLt.,"?," D/o K Shankaraiah R/o +o_r xaiiuri'uilirli, uorrrlrirrllrkiJsiri ...Petitioner/Respondent No.2 in l.A.Nos.2 and 3 ot 2O2S AND
1. State of Telengana, Rep by public prosecutor High court of Telengana, Hyderabad employee
2. Navathi Naresh Kumar, S/o late N.prakash Aged. 34 years Occ pvt 3' Navathi sunitha, wo rate Madhusudhan Aged. 45 years occ. Government 4. Mrs Navathi Renuka, Wo Late N.prakash Aged. 62 years Occ. household Service (All are R/o 11-'105 Sri ram nagar corony Jawaharnagar Baraji nagar Markajgiri District). ...Respondents Petition under section 35g(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to perm it the petitioner/De-facto comprainant and Accused to compound the offences in cc No.263B oI 2021 pending on the fire ot tnillaineo Principal Junior civir Judge-cum-J udiciar Magistrate ofiirst crass at nrrir,rigiri i, view of the compromise between the parties. l.A. NO: 3 OF 2o25 Petition under section of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminai pLtition, th; H,gh-C;;;';ry be pleased to record the compromise between *re parties n.re in ""nJ io irarn the. cc No 2638 o'f 2021 pending on the fire of the iearned principar Junior civir Judge-cum-Judicial Magistrate oi First class at fr/aXalgiri. -35g(g) This petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri G.Ravi chandran, Advocate for the petitioners and sri Jithender Rao Veeramala, Additionar pubric prosecutor on beharf of the Respondent No.1 and Sri Neelakanteswar, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.6095 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/accused Nos.1 to 3 in C.C.No.263B of 2021, on the file of the Principal Junior Civil Judge- cum-Judicial Magistrate of First Class, l\Iedchal-l\4alkajgiri District at IVlalakajEiri.
2. The petitioners are the accused Nos.'l to 3 in the calendar case registered for the offence punishable under Sections 498(4), 379, 420, 406, 506, 509 of IPC and Sections 3 and 4 of DP Act .
3. Heard Mr.G.Ravi Chandran, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional public prosecutor, representing the respondent No. 1-State and [Vr.B. Neelakanteshwar, 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 l.A.Nos.2 and 3 of 2025 with the prayet\ permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.2638 of 2021 . I 2
5. High This Court vide order dated 30'06'2025 referred the parties to the Court Legal Services Committee for identification and to verify the tariness in arriving the settlement' The Secretary' High Court Legal ces Committee, has submitted report daled 14'07 '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 Servi settlemenUcomPromise' I have considered the submissions of the learned counsel and
6. Perused the materials on record' 7. Having considered the allegations' the charged offence 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' State of Puniab and anothey' and Anil Mishra v' Stafe of u'P'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 exercising jurisdiction under Section 482 Cr 'P 'C'1528 ot BNSS, 2023' would be in the interest of justice' | 2012 (10) scc 303 ' 202+ INSC 189 ' zors (s) scc oaa 3 B. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in C.C.No.2638 of 2021, on the file of the Principal Junior Civil Judge-cum-Judicial [Vlagistrate of First Class, Medchal-Malkajgiri District at Malakajgiri, are hereby quashed against the petitioners/accused Nos.1 to 3.
9. ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. A.V.S. PRASAD DEPUTY REGISTRAR SECTION OFFICER To,
1. The XVll Additional Metropolitan Magistrate Cyberabad at Malkaigiri. 2. The Station House Officer, Malkajgiri, Police Station, Rachakonda. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUTI
4. One CC to Sri G.Ravi Chandran, Advocate IOPUCI 5. One CC to Sri Neelakanteswar, Advocate [OPUC] 6. Two CD Copies NVB/gh w HIGH COURT DATED:22t0il202s COMMON ORDER l.A.Nos.2 AND 3 OF 2OZs ln/And CRLP.No.609S of 2025 I rrE S14; (o(.. t: 11 TIJE M r ( D €.c1,,,, t,-;r -,\ i ,r'2 ,., DISPOSING THE 9RLP AND ALLOWING THE l.A.Nos.2&3OFZO2S q-{')t \\-- , 6dp t € (cRrMrNAL M[SC. PETTTTON) (U/S.320 (8) CR.P.C.) TN THE HONOURABLE HIGII COURT FOR THE STATE OF TELENGANA AT: HYDERABAD I-A No: of 2025 IN CRLP No.: of2025 Between: 1) Navathi Naresh kumar s/o late N.Prakash Agecl:34 years Occ: Pvt employee 2) Navathi Sunitha Wo late Madhusudhan Aged: 45 years Occ: Government Scn'ice 3) Mrs Navathi Renuka w/o late N.Prakash Aged:62 years Occ: household All are R/o I l-105 Sri ram nagar colony Jawahamagar Balaji nagar Malkajgiri District. . . .Petitioners/Accused 1 to 3 AND 1) State ofTelengana Rep by Public prosecutor High court of Telengana, Hyderabad 2) Mrs Navathi hima Bindu Wo Navathi Naresh Kumar Aged:32 years Occ: Housewile D/o K.Shankaraiah R/o 40-l Kasturi bai nagar Moulalai Malkajgiri District .. Respondents t \^o&r 1'h'^a\[L'""' L Itr#tu 2 JOTNT COMPROMISE MBMO
1. It is submitted that on a complaint lodged by Sccond Respondent with the Police Malkajgiri they have registered crime No: 543 of 2021 against the Petitioners herein and other accused for thc oflences alleged Under Sec offences u/s 498-A, 379,420,406,506,509 IPC and Scc 3 and 4 ofDP Act and later on hled charge sheet for the said offences which was taken on file by the learned Principal Junior Civil Judge cum Judicial Magistrate of First class at Malkajgiri and registered as CC No; 2638 of 2O2landcognizancewastakenfortheolfencesu/s379'406'420'498-A' 506,50gIPCandSec3,4ofDPActagainstthepctitionersherein'
2. It is submitted that the parties herein havc settled the issue amicably through MOU dated 7-2-2025 and they havc decided to part ways amicablyandalreadyfiledmutrraldivorcepetitionvideFCoPNo.l68of 2025pendingonthefileofthelearnedPrincipatFamitycourtMalkajgiri and the second respondent has agreed to withdraw the M'C' No' 68/2021 before Hon'ble Family Court at Malkajgiri and DVC No' 26124 on the fiteofPrl'.JuniorCivilJudgecumJudicialMagistrateoflClass Malkajgiri and the hrst petitioner has agreed to pay a sum of Rs 18'50 lacs to the second respondent towards f'ull and final settlement and permanent alimony and first petitioner has already paid Rs'5'00'000/- (Rupees Five Lakhs only) to the Second respondent by way of Demand Draft No. 568691, dated05'02'2025 drawn on State Bank of India' ( C2- -^o l''^" Nlrn("lh'l\weih * !t'*w.A* /tr 3 Gandhi Road Branch, Uppal and drawn in lavor of the Second respondent towards part amount and the balance amount of Rs. 13.50 lacs is agreed to be paid by the first petitioner to Lhe second respondent on the date of filing of Chief affidavits of both parties or on the passing of order in present petition whichever is earlier.
3. It is submitted that as the issue is amicably settled and the second respondent has agreed unconditionally to withdraw the said case and since the offences are non-compoundable the parties herein have approached this Honorable Court to quash the above crime on the basis of their compromise. It is therefore prayed that this Ilonorable Court may be pleased to record the compromise between the parties here in and to quash the CC No. 2638 of 2021 pending on the filc of the leamed Principal Junior Civil Judge cum Judicial Magistrate of First class at Malkajgiri and to pass such other order or orders as this I lonorable Courl mav deem fit and proper in the interest ofJusticc. V-- iI.&UJrL'o PETITIONER No;l PE \ IONER No;2 PETITIONER No;3 Counsel for rttoners .L-,1{fl"*1dJ^ R-ESPONDENT No;2 Hyderabad Datediol.4.2025 p Counsel for Respondent No.2 I t