✦ High Court of India · 20 Feb 2025

The High Court · 2025

Case Details High Court of India · 20 Feb 2025

The State of Telangana, Through SHO WPS, Begumpet, North Zone, Secunderabad Represented by its Public Prosecutor, High Court at Hyderabad. ...RespondenUComPlainant Smt Ryali Venkata Naga Vidya Pravalika @ Gavicharla Venkata Naga Vidya Pravalika, D/o. Ryali Satyanarayana Murthy, Wo Mr. Gavicharla Avinash Aqed about 29 yrs Years, Occ. Presently Service at abroad, Presently Rio.2O20, Cedau Pointe, Lane Edmond, OK-73003. Permanent R/o Flat No. 204, Bhagya rekha apartments, Near Centre Point Hotel, Tarlcund, Secunderdbad. Rep by Grand Mother G.P.A Smt. PARCHA UMA DEVI W/o Varcha Vara Prasad Rao, Aged about. 67 years, Occ. Housewife, R/o Flat No. 204, Bhagya Rekha Apartments, Near Center Point Hotel, Tarbund, Secunderabad. ..RespondenUDe-facto Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated rn the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the C.C. No.106 of 2018 against the petrtioners / A-1 to A-4 pending on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad. l.A. NO: 2OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C. No.' 'l 06 of 2018 pending on the file of XV Additional Chief 'Metropolitan Magistrate, Hyderabad. l.A. NO: 3 OF 2022 BETWEEN: ZQ yrs_Years, Occ. Presently Service at abroad, Presenfly Smt Ryali Venkata Naga Vidya Pravalika @ Gavicharla Venkata Naga Vidya Pravalika, D/o. Ryali Satyanarayana Murthy, Wo Mr. Gavicharta Avi-nash fge! -a!9u! R/o.2020, Cedau Pointe, Lane Edmond, OK-73003. Permanent R/o Flat No. 204, Bhagya rekha apartments, Near Centre Point Hotel, Tarbund, Secunderabad. Rep by Grand l/other c P.A. Smt. PARCHA UMA DEVI Wo Varcha Vara Prasad Rao, Aged about. 67 years, Occ. Housewife, R/o Flat No. 204, Bhagya Rekha Apa-rtments, Near Center Point Hotet, Tar6und, Secunderabad. - ... Petitioner/Res pondent No.2 in l.A.Nos .3 & 4 ot 2OZz 1 2 2 4 AND The State of Telangana, Through SHO WPS, Begumpet, North Zone, S.ecunderabad Represented by rts Public Prosecitor, High Court at Hyderabad. ...Respondent No.1/Comptainant in l.A.Nos.3 & 4 ol 2022 Mr. Gavicharla Avinash, S/o. Gavicharla Venkata Durga prasad Sastry, Age. 1{_V1s.]^Ocp Research Sclrot-ar, Presenfly R/o 871 TdM tBtS Walk plice,"N, 003-203, Apartment Unit 203. St. Peteisburg, State . Ftorida-337i6, USA; permanent R/o H.No. 2-2-114411713, F4 Apartment, Ohm Srinilayam, New Nallakunta, Hyderabad (Rep by father being G. P.A Gavichail5 V6nfata Durga_Prasad Sasky, S/o Laie Satyanarayana -Sasky, Aged about . 6g yearJ, Occ.- Retired Bank Employee R/o H.No. .' 2-2-11441i7 t3-. F4 Apartment, Ohm Srinilayam, New Nallakunta, Hyderabad. G.V. Durga Prasad S_astry, S/o. Late Satyanarayana Sastry, Aged about . 6g years, Occ . Retired Bank Employee, Ryo'H.No. Z-2-1144t17t3 F4 Apartment, Ohm Srinilayam, New Nallakunta, Hyderabad. Smt. Laljtamba, Wo G.V. Durga Prasad Sastry, Aged about. 61 years, Occ. Housewife, R/o H. No.2-2-1 1 4411713, Fa Apahment, Ohm Srinilayam, New Nallakunta, Hyderabad. ( Smt. Vijaya Laxmi Velicherla, Wo Sasanka Mouli Velicherla, Aged about 38 years, Occ Pvt Job, R/o H No.2-2-1 14411713, F4 Apartment, Ohm Srinilayam, New Nallakunta, Hyderabad. ...Respondent No.2 to S/Petitioners No.1 to 4 in l.A.Nos.3 & 4 of 2022 Petition under Section 320(6) Rlw 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compromise for quashing the crimiflal case against Respondeflt No.2 to 5 herein and quash the proceedings against the respondents No. 2 to 5/ accused No.1 to 4 in C.C. No. 106 of 2018 pending on the file of XV Additional Chief .Metropolitan Magiskate, Hyderabad. l.A. NO: 4OF 2022 Petition under Section 320(2) Rlw 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the to compromise for quashing the criminal case against Respondent No.2 to 5l A-1 to A-4 herein and quash the proceedings against the respondent's No. 2 to 5/ accused No.1 to 4 in C.C. No. 106 of 2018 pending on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petitron and lpon hearing the arguments of Sri K V Verma, ,Advocate for the Petitioners (No representation) and Sri E Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1 and of Ms. Anitha Jain, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE E.V. VENUGOPAL I.A.Nos.3 AND 4 of 2022 IN/AND CRIMINAL PETITION No.4655 oF 2o22 COMMON ORDER: I This Criminal Petition is filed by the petitioners seeking to quash the proceedings against them in C.C.No.106 of 2O1B on the file of the learned XV Additional Chief Metropolitan Magistrate, Hyderabad (for short, "the trial Court") \ I

2. I.A.Nos.3 and 4 of 2022 are filed seeking permission of this Court to compromise the matter and quash the Criminal Petition.

3. No representation on behalf of the petitioners. Heard Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No. 1 -State.

4. Learned Assistant Pubiic Prosecutor, bv filing the copy of e-Courts proceedings, submits that C.C.No. 106 of 2018 has been settled before Lok Adalat on 11.02.2023 and hence, no further orders are required in this Criminal Petition. Therefore, he seeks to dismiss this Criminal Petition as infructuous

5. Recording the submissions of learned Assistant public Prosecutor and upon taking the copy of e-Courts proceedings 2 onto the file, this Criminal Petition and I.A.Nos.3 and 4 of 2022 are dismisse d as infructuous Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// Sd/. A.V.S. PRASAD ASSISTANT REGISTRAR SECTION OFFICER oT

1. The XV Additional Chief Metropolitan Magistrate, Hyderabad 2. The Station House Officer, Women Police Station Begumpet, Hyderabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. The High court Legal Services Committee, High Court for the State of Telangana at Hyderabad

5. One CC to Sri K V Vermaa, Advocate [OPUC] 6. One CC to Ms. Anitha Jain, Advocate [OPUC] 7. Two CD Copies ADl(kam Along with a copy of Joint Memo of Compromise w \ HIGH COURT DATED:2010212025 I GOMMON ORDER l.A.Nos.3 and 4 o12022 ln/and CRLP.No.4655 o12022 g T l-lE g r4 <. \, o o -+ 05 uu 26 i 1 ,f ,rr1.1qp-r a .: DISMISSING THE CRLP AND lA.NOs.3 & 4 OF 2O2Z AS INFRUCTUOUS IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA I.A No: of 2022 In CRL,P N o. of 2022 Between:-

1. Mr. GAWCHARLA AVINASH S/o: Gavicharla Venkata Durga prasad Sastry, . Age: 34 yrs, occ: Research slnorar, eresertii R/o 877 TGM IBIS wark prace, N, # 003-203, Apartment unit # 203 , si. pli.rrurrg, state : Frorida_33716, USA, permanent R/o H.No. 2_2_114411713, i+ npurtr"nt, Ohm Srinilayam, New Nallakunta, Hyderabad. !1"q OV father being G.p.A. Gavicharla Venkata Durga prasad Sastry, S/o Late Satyanarayana Sastry, 1g-.9,i?"r,. !B.yearg, occ : Retired Bank Emptoyee, I{o Ohm Srinilayam, New Nallakunta, Hyderabad. H:Io:.. 2-2-114411713, F4 Aparrmenr

2. G.V. DURGA PRASAD SASTRY, f/o fate Satyanarayana Sastry, Aged about: 68 years, Occ: ietired Bank Employee, -riirJrvrLL/ I{o unm 5flntlayam, New Nallakunta, Hyderabad. H:Io,.. 2-Z-tt44lt7/3, n+ Apartment,

3. Smt. Lalitamba, G.V. Durga prasad Sastry, \tvlo Aged about : 61 years, Occ : Aousewife, I{o ()hm Srinilayam, New Nallakunta, Hyderabad. H:Io,.. 2-2-LL44lt713, F4 Apartment, i i I I i I I Contd...P/2 r.-.2:,+sFt ll2il

4. Smt. VIJAYA LAXMI VELICHERLA W/o Sasanka Mouli Velicherla, Aged about : 38 years, Occ : pvt Job, R/o H.No. .2-2-11441t7/3, F4 Apartment, Ohm Srinilayam, New Nallakunta, l-iyderabad. ....Petitioners/Accused No. 1 to 4. AND ,i

1. The State of Telangana, Through SHO WpS, Begumpet, North Zone, Secunderabad Represented by its public prosecutor, High Court at Hyderabad. ..... Respondent / Complainant @

2. Smt Ryali Venkata Naga Vidya pravalika Gavicharla Venkata Naga Vidya pravalika DJo. Ryali Satyanarayana Murthy, Wo Mr. Gavicharla Avinash Aged about 29 yrs years, Occ: presently Service at abroad, Presently R/o. R/o.2020, Cedau pointe, Lane fArnonO, OK-73003, Permanent R/o Flat No. 204,. Bhagya rekha upurtrunl, - * NearCenter point Hotel, Tarbund,'SecunOeraUaO. Rep by Grand Mother G.p.A. Smt. PARCHA UUa OeVf W/o Varcha Vara prasad Rao, 19u{.u9gyt R/o Flat.No. 204, Bhagya Rekha Apartments, Near center point Hoter, Tarbund, Secunderabad. .. 67 years, Occ : Housewife, ... Respondent/ Defacto-Complainant Contd...P/3 \ i I //s 11 MEMoRANDUTq oT:oT# confio,,,. MEMo FILED BY THE PARTIES 1' It is submitted that, this quash petition is fired praying this Hon,bre court to quash the cc No' 106 0f 2018 against the petitioners / A-1 to A-4 pending on the fire of Hon'ble XV Additional chief Metropolitan Magistrate, Hyderabad in which petitioners names are shown as accused No.1, to 4 First petitioner and first respondeht were married on 23-72-2076 at Ashoka Garden, Bapuji nagar, Bowenpary, secunderabad in accordance with Hindu Rights and customs. The marriage was an arranged marriage and the marriage was consummated and no children out of the wedlock. 2' whereas the marriage in between them has not materiarized and irreconcirabre differences have cropped up in between them for various reasons. They have never after the marriage rived together as husband and wife and never red matrimoniar life. 3' The second respondent has fired a criminar compraint bearing F.I.R. No.5g of 2018 dated 19-03-2018, the said FIR is registered for the offences punishabre under section 498(4) 406, 4ZO, 506 r/w 34 of IpC & Sec 4 & 6 oi D.p Act, and after completing investigation charge sheet was filed against ail the petitioners herein and numbered as CC No: 106 0f 2018 and cognizance was taken for the offence punishabre U/sec 498(4) 406, 420,506 r/w 34 of IpC & Sec 4 & 6 of D.p Act by the Hon.ble )0/ Additional Chief Metropolitan Magistrate, Hyderabad. Contd...P/4 ll4 ll 4. Petitioners submit that the petitioner and the second respondent / Defacto complainant entered into an MoU and settlement all her disputes for an amount of Rs

16.31 Lakhs only towards all claims including expenditure incurred, maintenance, permanent alimony and all such other claims. The petitioner no. 1/ A-1 already paid substantial part amount as per the terms and conditions of MoU to the 2nd respondent herein at the time of withdrawal of the connected DVC and MC case.

5. That the petitioners submit that, the respondent no: 2 already received the above amount as per MoU, the 2nd respondent through her G.p.A. shall appear before the High court and give consent for the quashment of the criminal case and also she shall abide by all the terms and conditions of MOU.

6. That the petitioners undertake not to file any kind of complaints against the 2nd respondent on whatsoever grounds and shall not interfere in her in any manner whatsoever. The second respondent after wjthdrawal of the cases filed by her shall not claim any future maintenance or alimony or any other claims whatsoever in future from the petitioner No.1 / A-1. They have already filed mutual divorce petition for grant of mutual divorce from the competent court i.e., Hon'bte Family court, Secunderabad vide F.C.O.P. No. 165 2022 and shall not interfere in each other.s lives. Contd...P/5 lts il B. It is submitted that as the disputes that arose between the petitioners and the respondent No. 2 are resolved, respondent No.2 doesn,t want to continue the criminal proceedings as such the present quash.petition is fired by the parties praying this Hon'ble court to quash the cc No- 106 of 2018 pending on the file of Hon,ble XV Additional Chief Metropolitan Magistrate, Hyderabad. ,t

10. , The respondent No.2 through her G.p.A. is arso firing an arfidavi! and the copy of the memorandum of understanding is arso here with as part of this quash petition. It is submitted that, in view of the above submissions this Hon,bre court may be pleased to quash the c.c. No. 106 of 2018 pending on the file of Hon,ble XV Additionar Chief Metiopolitan Magistrate, Hyderabad and to pass such other order or orders as this Hon',ble court may deem fit and proper in the interest of justice, for which the respondent No.1 has no objection. Date;p05-2022. Place: Hyderabad. Petitioner No.1 /A-1 Through his G.p.A. Gavicharla Venkata Durga prasad Sastry Contd...P/6 il6il q' Petitioner No.2 / A-2. t.--t,c. S.^,C, Petitioner No.3 / A-3. Petitioner N D t Respondent No.2/ Defacto complainant through G.p.A. Smt. parcha Uma Devi ^v/ N-!--4- Counsel for Respondent No.2 \)n}'* Counsel for the petitioners l

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