✦ High Court of India · 26 Jun 2025

The High Court · 2025

Case Details High Court of India · 26 Jun 2025
Court
High Court of India
Decided
26 Jun 2025
Bench
Not available
Length
1,408 words

1 The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad. Mr. Chaganti Vrjaya Shankar, S/o. Chaganti Vijaya Mohan, Aged about 51years, Occ. Employed Resident of. Flat No. 405, 4th Floor, Block C-2, Janapriya Lake Front Apartments, Sadanavihar Colony, Kapra, Medchal- Malkajgiri Telengana ... Respondent ...RespondenUDefacto Complainants 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 FIR No. 154712024 registered at P.S. Uppal, Rachakonda Commissionerate, District Medchal Malkajgiri, wherein they have arrayed Petitioners as Accused No.1 and No.2 for an alleged Offences U/Sec. 316(2) and 318(a) of BNS in the interest of justice. l.A.Nos.2 AND 3 OF 2025 l.A. NO: 2OF 2025 Between: Mr. Chaganti Vrjaya Shankar, S/o. Chaganti Vijaya Mohan, Aged about 51years, Occ. Employed Resident of. Flat No. 405, 4th Floor, Block C-2, Janapriya Lake Front Apartments, Sadanavihar Colony, Kapra, Medchal- Malkajgiri Telengana ...Petitioner/RespondenUComplainant *7 r.ruf, .t AND 1 2 J lrlr. Ayush Garg, S/o Shri Chander firlohan Gupta, Aged about 29 years, Occ. Employed residing at A-49, Sector 48, Noida, Uttar Pr:rdesh Mr. Chander Mohan Gupta, S/o Shri Vijay Kumar Gup:a, Aged about 56 years Occ. Employed Both the petitioners are residing at A-49, Sector 48, Noida, Uttar Pradesh. ...Respondents/Petitioners/Accused No.1 & 2 The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad. ...Respondent Petition under Section 359(6) riw 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/Respondent/Complainant to compromise the matter with the Respondents/Petitioners/Accused No.1 and No.2 under FIR No.154712024 registered at P S. Uppal, Rachakonda Commissionerate, District Medchal-Malkajgiri, wherein Petitioners are arrayed as Accused No.1 and No.2 for an alleged Offences U/Sec.316(2) and 318(4) of BNS by allowing the CrlP. l.A. NO: 3 OF 2025 Petition under Section 359(2) 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 record the Compromise accorded between the Petitioners/Respondents/Complainant and Respondenls/Petitioners/Accused No.1 and No.2 and quash the FIR No.1547l2024 registered at P.S. Uppal, Rachakonda Commissionerate, District Medchal Malkajgir, wherein P'etitioners are arrayed as Accused No.1 and No.2 for an alleged Offences U/Sec. 316(2) and 318(4) of BNS. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Venkata Pradeep Vaitla, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the tiespondent No.1 and of Sri P.Ruthwik, 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. 6990 OF 2025 COMM ON ORDER ThisCriminalPetitionisfiledunderSection52BofBharatiya Nagarik Suraksha Sanhita, 2023 ('for short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioners in Crime No '1547 of 2024 of Uppal Police Station, Rachakonda Commissionerate'

2.ThepetitionersarearrayedasaccusedNos.land2intheCrime registered for the offences punishable under Sections 316(2), 318(4) of Bharatiya Nyaya Sanhita,2023 (for short 'BNS' 2023')'

3. Heard Mr. Venkata Pradeep Vaitla, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Pr r1'r:'' Prosecutor, representing respondent No.1-State and Mr' P' Ruthwik' learned counsel for responden t No.2lde-facto 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 prayer to permitthemtoenterintocompromiseandbyrecordingthesettlementto quash the proceedings against the petitioners/accused Nos'1 and 2 in Crime No. 1547 ot2Q24 2 NIRJ I. 1.\'ot. ) otd 1ol'202i n/and ('i.l'.N0. 6990 o[ 202 5

5. This court vide order dated 12.06.2025 referrr-,d the parties to the High court Legal Services committee for identification and to verify the voluntariness in arriving the setflement. The secretary, High court Legal Services committee, has submitted report dated 19 )6 2o2s stating that the parties were identified by their respective cornser and arso on verification of Aadhar cards/ldentity cards and the enquiries revealed that the parties have willfuily and without coe-cion entered into settlemenVcompromise.

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

7. Having considered the ailegations, the nature cf charged offences and taking into account the amicable setflement betwr:en the parties and to restore peace among them, in the light of the dicturrs in Gian singh v. state of Punjab and anothert and Anil Mishra v. slafe 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 secti :n 528 of BNSS, 2023, would be in the interest of justice. L 2012 (1o) scc 303 ' zo24 INSC 189 3 2019 (s) scc 688 !&k 3 ^-IRJ lA.Nos. 2 and ) ol2025 in/ an'| Crl.P.No. 6990 of 2025

8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed' Consequently' all proceedings in Crime No. 1547 of 2024 of Uppal Police Station' Rachakonda Commissionerate, are hereby quashed against the petitioners/accused Nos. 1 and 2. I ln the above terms, the Criminal Petition is allowed' Pending miscellaneous applications, if any, shall stand closed' SD/. U. SUDHA TANT REGISTRAR ASS //TRUE COPY// S CTION OFFICER To, The Vl Additional Metropolitan Magistrate, Medchal Malkajgiri diskict, Uppal at LB Nagar. The Station House Officer, Uppal Police Station, Rachakonda Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] One CC to Sri Venkata Pradeep Vaitla, Advocate [OPUC] One CC to Sri P.Ruthwik, Advocate [OPUC] Two CD Copies 1 2 J 4 5 6 ABK/gh Along with a copy of Joint Memo of Compromise HIGH COURT DATED: 261OG12025 i .i COMMON ORDER l.A.Nos. 2 and 3 of 2O25 ln/And CRLP.No.6990 ot 2025

1.c ,147.i \-.. L,,I ,1\' 10 SiP 2s2E -) * ,/ a/ ALLOWING OF THE CRIMINAL PETITION AND l.A.Nos. 2 AND 3 OF 2025 ; ! I I I I 1 01 \ E f l) IN THE HIGH COURT F'OR THE STATE OF TELANGANA AT: HYDEIIABAD CRL.P. No oF 2025 BETWEEN Mr. Ayush Garg, S/o Shri Chander Mohan GuPta, Aged about 29 years, Occ: Employed 2). Mr. Chander Mohan GuPta, S/o Shri Vijay Kumar GuPta, Aged about 56 years Occ: Employed Both the petitioners are residing at A-49, Sector 48, Noida, Uttar Pradesh . . . Petitioners/Accused No.l & No.2 ANI) 1) 2) The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad. Mr. Chaganti Vijaya Shankar S/o. Chaganti Vij aya Mohan, Aged about 51 years Resident of Flat No. 405, 4th Floor, Block C-2, Janapriya Lake Front Apartmcnts, Sadanavihar Colony, Kapra, Medchal-Malkaj giri Telengana .Rcspondent ..Respondent/ Complainant JOINT COMPROMISE MEMO That the Petitioners/Accused No.l & No.2 and the Respondents have compromised the matter out of thc court with the intervention of elders and well-wishers in vicw of compronrise they do not want to further proceed /+ I i I I \ with the I;IR No. 1547/2024 registered at p.S. Uppal, Rachakonda commissionerate, District Mcdchar-Markajgiri- ir.^orei, petitioners are arayed as Accused No.l & No.2 for an alleged Ol1.:nces U/Scc. 316(2) and i l8(4) ol llNS. 2023, as such lhis Honourable C()urt mav be pleased to rocord thc (--ompromisc accordecl betrvecn the petit ion ers/Accuscd No.1 & No.2 and I{espondent/comprainant and quash trr: r.IR No. 154712024 registered at p.S. Uppal, Rachakonda Commissioncrate, Disl.rict Medchal- Malkajgiri, rv,erein petitioners are arrayed as Accus:, No. I & No.2 for an allcged Ollcnces U/Sec. 316(2) and 318(4) of BNS. 2r)2-.i. Henoc this rnemo. yush Garg, Mr. S/o Shri Chander Mohan Gupta Accused No. I @- Mr. Chander Mohan Ciupta S/o. Shri Vijay Kunrar Gupta Accuscd No.2 Couns Petitioners / Accusecl No.l &No.2 e Respondents / o Dated: O1 -06-2025 Hyderabad B4----.*, Petitioners / ( ornplainant t" .sJ( i[L'-' Counsel fo} petitioner ltespondcnt / Complainant

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