The High Court · 2025

Petition under Section 482 of Ct.P.C praying that in the circumstances stated in the l\rlemorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings in C.C. No. 201of 2022 (old) on the file of Hon'ble Judicial First Class Magistrate, at Narsampet, Mahabubabad District, C.C.No.2679 of 2022 (new) on the file of Hon'ble Addltional Junior Civil Judge, tVahabubabad to the extent of petitioner herein/Accused No.1. l.A. NO: 1 OF 2023 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 Stay all further proceedings in C.C. No. 2O1of 2O22(old) on the file of the Court of the Judicial First Class Vlagistrate, at Narsampet, Mahabubabad District, c.c.No.2679 of 2022 (new) on the file of Hon'ble Additional Junior civil Judge, Mahabubabad to the extent of petitioner herein/Accused No.1, pending disposal of the above Criminal Petition. l.A. NO: 2OF 2023 BETWEEN: Sankapalli Vasantha, Wo. Venkanna, Aged about 47 )(,ars, Occ. Coolie, Rl/o Edulapalli Village, Kothagudem l\/andal, [tlahabubabad )rstrict. ..PETITIONERyRESPONDENT No.2/DE-FACTO COMPLAII'IANT lN l.A. No.2 & 3 AND

1. Poornachander Daravath, Sio. Sunder, Aged aboul 38 years, Occ. lndian Bank lVlanager, Rl/o. HamuThanda, Gudur 'village and Mandal, Ir/ahabubabad District. ...PETITIONERyACCUSED No.1 lN I.A. No.2 & 3 2 The State cf Telangana, through S.H.O., Kothagud I P S , Mahabubabad District, Rr:p. by its Public Prosecutor, High C: urt for the State of Telangana, at Hyderabad. ...RESPONDENT/RESPONDENT No.1 lN l.A. No.2 & 3 Petition undr:r Section 320 RA/V 482 o'f Cr.P.C praying that in the circumstances stated in the accompanying affidavit, the High Court may be pleased to permit the petitioner herein to file a petition to crmpound the offenses and to Quash the proceedings in C.C. No. 201 of 2022 (r ld) on the file of the Court of the Judicial ft4agistrate of First Class, at Mahabut abad, [\,4ahabubabad District, C.C.No.2679 o'f 2022 (new) on the file of Hon'ble I'dditional Junior Civil Judge, li/ahabubabad against petitioner herein/Accused No. 1 l.A. NO: 3 OF 2023 Petition under Section 320 RA// 482 of Cr.P.C praying that in the circumstances statr:d in the accompanying affidavit, the High Court may be pleased to compound the offenses as per the compromise rremo and Quash the proceedings in C.C No. 201 of 2022 (old) on the file of the Court of the Judicial Magistrate of First (llass, at Mahabubabad, lVlahabubabad )istrict, C.C No.2679 o'f 2022 (new) on the file of Hon'ble Additional Junior Civil . udge, tvlahabubabad against petitioner hr:rein/Accused No.1 . This Petition coming on for hearing, upon perusing the lr.4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Yeddu Divakar, Advocate for the Petitioner and Sri. E. Ganesh, Additional Public Prosecutor, on behalf of the Respondent No.1 and Sri. A Ravinder, Advocate for the Respondent No.2 The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.6392 OF 2023 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C seeking to quash the proceedings againSt the petitioner herein/accused No.1 in C.C.No.2Ol of 2022 (old| on the file of the Court of the Judicial Magistrate of First Class, at Narsampet, Mahabubabad District; C.C.No.2679 of 2022 (newf on the file of the Additional Junior Civil Judge, Mahabubabad. registered for the offences punishablc under Sections 406,4O9 and42O of the Indian Pena,l Code, 1860

2. Heard Sri Yeddu Divakar, learned counsel for the petitioner, Sri E.Ganesh, learned Assistant Public Prosecutor lor the State and Sri A.Ravinder, learned counsel for respondent No.2

3. The case of the prosecution is that on 27 .12 .2O21 respondent No.2/de facto complainant lodged a complaint stating that they are about 10 Women Thrift Societies saving money in Indian Bank, Kothaguda, and they have taken loan also. While so, on 27.12.2O2L at about 04.0O P.M. they went to Bank and on enquiry, the Manager of said Bank b5r narne ) -: Jl,othi iniormed that the groups savings iLrnount i.e.. 1) Santhosha Rs.1.5 1akhs, 2) Rudrama Devi Grorp Rs.90,000/-, 3) Vara,laxrrLi Rs.1.00 lakh, 1l Manasa Rs . i.00 lakh, 5) BathukarrLma Rs.50,OOO/ , 6) Mahaia-xmi Its.2O,00O/ , 7) Thriveni Rs. I .0O 1akh, 8) Gunjeedu Musalamrra Rs.50,O00/ , 9) Dhalala-rrni Rs.B0,OOO/, in total an amount of Rs.7.4 lakhs urere transft'rred to the account bearing I o.0605206340O relating to ttandu Saritha (accused No.3), u'tr I is the r,r,ife of accrtscd No.:l . Later, on enquiry, they calne to ino\\'n that, the thct-t Ba;rk Manager (the petitioner he,; ein) Daravath Purnachalde r and their society Community ,l ssistart Dandu Shobar (,lccused No.2) ivere with an malirfide intention, transferrerl , he abor..e said groups savings rrnor.tnt to the accolrnt oi rr ife of accused No.2 rvithout the <roup members knorrledge ancl used for their o\ /n purpose.

4. Basir-rg on the complaint, Police, Ko .haguda Police Station, have registered a case, issued FIR and investigated into the same. The investigating officer, after completion of inve stigation, filed the charge sheet against th(. petltioner and the other acr:used for the oflences punishable under Sections -) 406, 4O9 ar,d 42O of IPC. Hence the present criminal petition seeking to quash the said proceedings

5. The contention of the learned counsel for the petitioner is that the allegations made in the compiaint do not constitute any offence against the petitioner/ accused No.1, much iess the offences alleged to have been committed by the petitioner. He further submits that during the course of investigation, accused Nos.2 and 3 have re-deposited the aforesaid amount in the Group Members accounts and confessed their guilt before respondent No.2 and other group members and the matter \4'as pacified. He further submits the matter was referred thrice to the Secretar5r, High Court Legal Services Committee, Hllderabad, to verify the compromise and identit-v of the parties and to submit report, but the sarne was failed just due to discrepancy in the identity of respondent No.2. Therefore, co ntlnuatlon of proceedings against the petitioner is nothing but abuse of process of law and prays to quash the proceedings against him

6. Pursualt to the orders dated 15.02.2024, 13.O3.2024 and 12 .O2.2O25 , this matter was referred to the Secretary, High .w 4 Court Legal Services Committee, Hyderaba,l . to verifv the compromise and identity of the parties and to sr Lbmit report

7. The Hon'ble Supreme Court in its nurrcrous decisions i.e., Central Bureau of Inuestigdtion, A(8, Mumbai v Narendra Lal Jain and Otherst, Gian Singh U State of Punjab and Another2 Gold Quest Internutional Priuate Limited a. State of Tamit Nadu and. Others3. held that the disputes s.hich primnrily and basicaliy are cir il or financiai in natllre and t he mattcr stands settled betu,een I he oarties ar-rd the aggrie'"'ec partl has no objection, such crirrr nal proceedings can be quashed as it rvould be al exercise in f utility causing undue hardr;l-rip and harassment to the pa r- . ies and lirould amount to al abuse of process of lau. B. The lacls of the case on hand are identic:1 to the facts of the cases citr:d supra. Therefore, this Court is o- the considered opinion that continuation of crimina-l proceedi rgs against the petrtioner is an abuse of process of Court anc is liable to be quashed 'lzoto; to scc r39 '1zor+ts scc 36+ '(20L2) Lo scc ;o: ) 9 . In the resuit, the criminal petition is a-[owed, quashing the proceedings in C.C.No.2O 1 of 2022 (oldf on the file of the Court of the Judicial Magistrate of First Class, at Narsampet, Mahabubabad District; C.C.No.2679 of 2022 (new) on the file of the Additional Junior Civil Judge, Mahabubabad. against the petitioner herein/accused No. 1 only. Miscellaneous petitions if any pending in this criminal revision case shall stand closed Sd/. M. NAGAMANI A SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Note: This Order is amended as per the.^C-ourt ' ---- Order dated 9/9/25 vide I A No 2/25 by rrlakino Correction to CC No 201 of )Oii p'enoing on the file of the Judicial tvlaoistrate oi First Class, Manthani as , r"CE.N;. iot ot zozz (old) on the file of the Court of the Judicial lvlagistrate ot First Class at Narsampet' lvlahabubabad District; CC No ' 2679 ot 2022 hew\ on the file of the Additional Junior Civil'Judge, Mahabubabad ' lssue corrected order accordinglY. To, 1 The Additional JCJ-cum-Jud icial Magistrate of First Class' at ' riiin'roruioad, Mahabubabad District' 2. The Station House Officer, Kothaguda P'S ' Mahabubabad District 3. One CC to SRl. YEDDU DIVAKAR, Advocate [OPUC]

4. One CC to SRI A RAVINDER, Advocate [OPUC] 5. Two CCs to t']UBLlC PROSECUTOR, High Court for th ) State of Telangana Iour]

6. Two CD Cop es wMKN HIGH COURT EW,J DATED:2710212025 \ : I I l I i ! : i I I I I ORDER CRLP.No.6392 of 2023 i,r ?0ffi $ir ,l ALLOWING THE CRIMINAL PETITION t("4 &"