✦ High Court of India · 25 Jul 2025

The High Court · 2025

Case Details High Court of India · 25 Jul 2025

Petition under Section 320(6), 359(6) of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Oriminal Petition, the High Court may be pleased to permit the Petitioner and Respcndent No.2 who is the Defacto-Complainant to compound the offence and to allow the above Criminal Petition against the S.C.POCSO No.771 of 2022 in Crime No.695 of 2022 on the file of Fast Track Special Judge for Trial and []r:;posal of Rape and POCSO Act Cases, Ranga Reddy District at L.B. Nagar for the offen<;es under Section 376 (2) (n) 3a3, 366, 506 l.P C and Section 5(l), r/w 6 (1) and (2) of POCSO 4ct,2012. l.A. NO: 4OF 2025 Petition under Section 320(6), 359(2) of Cr.P.C p'aying that in the circumstances stated in the Memorandum of Grounds of oriminal Petition, the High Court may be pleased to record the compromise and c,;rnpound the offence in S.C.POCSO No.771 of 2022 in Crime No.695 of 2022 on tl- e file of Fast Track Special Judge for Trial and Disposal of Rape and POCSo Act Cases, Ranga Reddy District at L.B. Nagar for the offences under Section :ii 6 (2) (n), 343, 366, 506 l.P.C and Section 5(l), r/w 6 (1) and (2) of POCSO Act,2)12 This Petition coming on for hearing, upon perusing tf e Memorandum of Grounds of Criminal Petition and upon hearing the argrrrnr:nts of Sri Rapolu Bhaskar, Advocate for the Petitioner and the Sri Jithender- Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondenl No.1 and of Sri A.Suhas, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No. 7497 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 S.C. POCSO No. 771 oI 2022 on the file of the Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases, Ranga Reddy District at L.B.Nagar.

2. The petitioner is the sole accused in the Sessions Case registered for the offences punishable under Sections 376 (2)(n), 343, 366 and 506 of IPC and Section 5 (1) read with Section 6 (1) (2) of the Protection Of Children from Sexual Offences Acl, 2012 (Amended by Act, 2019) (for short'POCSO Act') .

3. Heard Mr.Rapolu Bhaskar, learned counsel for the petitioner, 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 lde facto complainant I t a I I 2 \-5.TtS*r \ . -' -.+5rtr \ -- .\,' \

4. Pending this petition, the parties have erlered inb the compromise and, accordrngly, they moved l.A.Nos I and 4 of 2025 with the prayer to permit them to enter into com:romise and by recording the settlement to quash the proceedirrc s against the petitioner/accused in S.C. POCSO No. 771 of 2022

5. This Court vide order, dated 20.06.2025 referre,i the parties to the High Court Legal Services Committee for iden tiiication and to verify the voluntariness in arriving the settlement 'the Secr,:tary, High Court Legal Services Committee, has submitte d report, rJated 18.O7.2025 stating that as the parties did nc t appear their identification could not be recorded.

6. Upon the request of the learned counsel for the petitioners, this Court vide order, dated 04.07.2025 again referr:rl the matter to the High Court Legal Services Committee for iderrtification c,f the parties. The Secretary, High Court Legal Services Comrlittee, has submitted report, dated 27.06.2025 stating that the p:titroner and the victim were identified by their respective counse,l and also on verification of Aadhar Cards/ldentity Cards and the enqr-riries revealed that the parties have willfully and without coercion entered into settlemenUcompromise. The report also disclcs:s that as the victim was not made as party, she cannot be identifiel ,, t iF _:' )

7. I have considered the submissions of the learned counsel and perused the materials on record. B. The accusations against the petitioner/accused in the Police Report lodged by the de-facto complainanUfather are that the petitioner/accused induced respondent No.2/victim on the pretext of love and sexually exploited her. Having considered the allegations, the statement in the Joint Affidavit that respondent No.2/victim is ready to compromise the matter with the petitioner and she intends to withdraw the above crime against the petitioner. ln view of the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. Sfafe of Punjab and anotherl and Anil Mishra y. Sfafe of tJ.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./528 of BNSS, 2023, would be in the interest of justice.

9. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed Consequently, all proceedings against the petitioner/accused in S.C. fOCSO No. 771 of 2022 on the file of the Fast Track Special Judge J,2 , 10) scc 303 2 2024 INSC 189 3 2019 (5) scc 688 I I I i I l I I ! I I I I i I I I 4 \:_{pHit'lt -- -.+ds \ for Trial and Disposal of Rape and POCSO Act Cases, llanga Reddy District at L.B.Nagar, are hereby quashed

10. ln the above terms, the Criminal Petition is dis;posed of Pending miscellaneous applications, if any, slra ll stand closed //TRUE COPY// . SD/. A. PRATHIMA \ rEeuw REGISTRAR \ \.:__'--_ ---*_ 6ecrtolt oFFlcER To, HasthinaPuram. '1 . The Special Sessions Court for the Trail and Disposal cf rocso cases at z. ihe-St"tl'o" House Officer, LB.Nagar Police Station, Racltakonda 5. i;; Ca; t" the pubtic prosecutorl High Court for the State of Telangana at 4. Ohe CC to 5. One CC to A.Suhas, Advocate [OPUC] 6. Two CD CoPies Ripolu Bhaskar, Advocate [OPUCI Hvderabad IOUTI 'Sri NVB/gh I I HIGH COURT DATED:2510712025 I i I i COMMON ORDER l.A.Nos.3 AND 4 of 2025 ln/And CRLP.No.7497 of 2025 ) 2 i JrT ?t!25 a i::!:-:'-:')' DISPOSING OF THE CRLP AND ALLOVI/ING THE lA.Nos.3&4OF2025 4 4* / ,/to ,// f

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