The High Court · 2025
Case Details
The State of Telangana, Represented by Public Prosecutor, High Court Of Judicature, Hyderabad.
2. lyury Swathi, D/o. Venkateshwara rao, aged 30 years Occ- pvt Employee Rl/o.N.N.Reddy Girls Hostel, Vanasthalipuram Ranga Reddy District. ...RESPONDENTS/RESPONDENTS Petitioner and respondenl No. 2 name is amended as per Court Order Dt. 1Ol7l2O2S, vide lA.No. 512025 rnade in Crlp.No. 7450125 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Cou( may be pleased to Quash the proceedings in Cr.No.1388 of 2024 of P.S. L.B.Nagar for the offences U/Sec. 64(2Xm), 69, 89, 318(4), 351(2) ol BNS, 2023 against the petitioner/accused. l.A. NO: 2OF 2025 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 stay all further proceedings in Crime No.1388 of 2024 of P.S. L.B.Nagar. l.A. NO: 3 OF 2025 - Between: Uyuru Swathi, Dio. Venkateshwara rao, aged 30 years Occ- pvt Employee Rl/o. N. N. Reddy G irls Hostel, Vanasthalipura-m Rangi Reddy District. ...PETITIONEFYDEFACTO COMPLAINANT AND 1 The State of Telangana, Represented by public prosecutor, High Court Of Judicature, Hyderabad. Byri Raju, Slg 9glgurgry,_4ge{ about 40 years Occ- postat Department Parcel Hub, Rl/o.H.No.4-4-77lA Street No.2, Veera Reddy Nagar Wb, Uppai (PO Nacharam) Medchal Malkajgiri District. ...RESPONDENT ...RESPONDENT/ACCUSED 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 in crr.p. herein to record the compromise in Crime No..l3gg/2024 of p.S. L.B.Nagar. 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 criminal petition, the High Court may be pleased to record the compromise and quash the proceedings in crime No.'1388/2024 of p.s. L.B.Nagar for the offence U/sec. 6a(2Xm), 69, 89, 318(4), 351(2) of BNS, 2023 against the accused This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of tvls. Sumithra Devi Parvatha; Advocate for the petitioner, sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No. 1 and of Sri E. Bheema Rao, Advocate for the Respondent No. 2. The Court made the following: COMMON ORDER 1 THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AND4OF2 025 ln/And CRIMI NAL PETITIO N No. 71150 O F 2025 COMM ON oRDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita' 2023 (tor short 'BNSS' 2023')' seeking quashmentoftheproceedingsagainstthepetitionerinCrimeNo'13B8of 2024 of L.B. Nagar Police Station' Rachakonda 2 The petitioner is arrayed as accused in the Crime registered for the offences Punishable under Sections 6a(2Xm), 69' 89, 318(4), 351(2) of Bharatiya Nyaya Sanhita ,2023 (for short 'BNS' 2023') J Heard Ms. Sumithra Devi Parvatha' learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No' 1 -State and Mr' Enugala Bheema Rao, 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 3 and 4 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioner/accused in Crime No'1388 -- oI 2024 I I .- \ .:' -' .1 2 T?&,I !. l.Xo'.) anl 1 ol 202i it/and {,L l'.Nr.:150 ol 2025
5. This Court vide order dated 19.06.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 03.O7.2025 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 settlemenUcom promise
6. I have considered the submissions of the learned counsel and perused the materials on record.
7. Having considered the allegations, the nature of charged offences 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 Punjab and anothe/ and Anil Mishra v. Stafe 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 528 of BNSS, 2023, would be in the interest of justice. | 2012 (1O) SCC 303 ' 2o2q lt'tsc tes 3 2019 (s) scc 688 3 N7"J I-,7.\0.;.) and I 01 2025 in/and Cr/.P.N0.7150 0J2025
8. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed. Consequently, all proceedings in Crime No.1388 of 2024 of L.B. Nagar Police Station, Rachakonda, are hereby quashed against the petitioner/ accused. I To, ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed sd/ P. PONNA KRTSHNA S STANT REGISTRAR //TRUE COPY// SECTION OFFICER 7
1. The ll Addltional Judicial Magistrate-Cum-Additi al Junior Civil Judge at L.B.Nagar
2. The Stition House Officer, L.B.Nagar Police Station, Rachakonda 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.[OUT] +. One CC to Ms. Sumithra Devi Parvatha, Advocate IOPUC] 5. One CC to Sri E. Bheema Rao, Advocate [OPUC] 6. Two CD CoPies VH&am a. HIGH COURT DATED: 3110712025 COMMON ORDER I.A. NO: 3 AND 4 OF 2025 IN/AND CRLP.No.7450 of 2025 ,,,-. ., , ,,: ; , ,t ,,_. ,\S :.- 9r."\\. 2EruBm .',,' .t t)FSPATcH Eg , Z a ..\ { * l.A.Nos.3&4of2025 ARE ALLOWED & DISPOSING OF THE CRIMINAL PETITION g6\d{ \o-D E;' IN THE HON'BLE HIGH C]OURT FOR THE STATE OF TELANGANA AT: HYDERABAD Between : CRL.P.No. of 2025 Bairy Raju S/o.Gangaram Aged about 40 years Occ: Postal Department Parcel Hub, R/o.H.No.4-4-77 /A Street No.2, Veera Reddy Nagar VTC, Uppal (PO Nacharam) Medchal Malkajgiri District. ..Petitioner/Accused And
1. The State ofTelangana Represented bv Public Prosecutor, High Court Of Judicature
2. Puchalakayala Swathi D/o.Venkateshwarlu, aged 30 years Occ: pvt Employee R/o.N.N.Rt:ddy Girls Hostel, Vanastha_lipuram Ranga Reddy District. .. Respondent/ Defacto complainant JOINT MEMO FILED BY THE ACCUSED AND DEFACTO COMPLAINANT 1. It is submitted that the defacto complainant Smt. Puchalakay.ia Swathilodged a complaint against the Accused herein before PS L.B.Nagar,R.R.Districtwho registered a case vide Crime No.1388/2O24, dated.28-t2-2O24 Uls. 6ae)(m), 69, 89, 318(4), 3s1(2) of BNS, 2023
2. It is submitted that as everything was consensua_l and out of her own will the defacto compiainant had a relationship with I / Y ltr.l:h) N e him, but as he \\.as avoiding her out of angersl're had filed the said case. The accused. and Defacto ctlmplainant are compromised will'r each other and settled the matter amicably and the Defacto complainant agreed to withdrarv the above case registered against the accused voluntarily. In view of thc above said circumstances, the parties herein have moved before this llon'ble court by filing the present petition seeking to quash the proceedinqs. The petitioner and 2"drespondenl. submits that there was no collusion betr','e en the parties. Hence the comprortisc' tnemo Hence this Memo. 2nd Respondent/com Pla ina nt Petitione rslAccu sed ?.su-u,; (Puchalakayala Srvathi) (Elairy Raju) ,9 Counsel for Respondent No.2 OUNSE for Petition er C Hyderabad Date:16-06-2025