✦ High Court of India · 03 Jul 2025

The High Court · 2025

Case Details High Court of India · 03 Jul 2025
Court
High Court of India
Decided
03 Jul 2025
Bench
Not available
Length
1,591 words

Cited in this judgment

Petition under Section 52g of B.N.s.s Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds or ciiminai petition, the High court may be pleased to quash the proceedings in cc.No.10.t 7s of 2022 on the file of vl Additionar chief Metroporitan Magistrate at Nampaily, Hyderabad in the interest of justice. l.A. NO: 1OF 2025 Petition under Section E2g of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of irimina-l petition, the High court may be preased to stay ail further proceedings cc.No.1 olzs of io22 on the file of vl Additional chief Metropolitan MagistrateLt Nampally, Hyderabad j1ct1o1ng personal appearance of the petitioner/Accused-2 penoing diiposar of the Criminal Petition. l.A. NO: 20F 202s BETWEEN: ii,ft,i5+tf ',iil4,.I?,y{q^[xw:#p"",i:if,ffi ft [,,["J5f,?.,,0,0 */o 1 0 1, siddarthGild;,_ 1,' ft;i," #;y, Hauz Khas, south B:frll1%eo ?: ...Petitioner/Respondent No.2 in lA.Nos .2 & 3 OF zOZs AND 1 . Mohan Lat purohil g M,qlqn purohit, S/o Mobataram purohit, Aged 35 years, Occ Business n7.o ..n rrro,l l_-Bie,-;,;;i,s; C-fetty Bazarl np hoao, B?,"Xifl::1:1fl,ilgJr5iig , *,r.id, ;;'tr"l,.., rIji i.ro 5glHir"i,, si["t, "'Respondenupetitioner/Accused No.2 in rA.Nos.2 & 3 0F 2025

2. The State of Telanoara,,^$n_by its public prosecutor, High Court building, Hyderabad ThrougE ps crrj,"H?ei;b;."' '"" Petition under Section ...RespondenURespondent No.1 in IA.Nos .2 & 3 OF z}zs .35g(6) of BNSS, Act, 2023 praying that in the circumstances stated in the Memorandr. oi ro rl..'as of criminar petition, the High court may be preased permit-ine p.titiJ*rrn""pondent No.2_defacto_ complainant to compound. the offences ,]ni"i"5".tion 504, 506 IpC and 3(1)(x) of cs/STs (poA) with *r.e responuenvp"tiiioi", herein in sc.spL.No.200 of 2022 on the fite of Speciat S;;ri;;;'i;inl"r"' Triat of Cases under SCs/STs(pOA) Acr 1989_Crr_Vta A;;ii;nri"6i"tri.t And Sessions Judoe Ranga Reddy District at L.B.Nagar i, tnu-iri.ru.t o'iir.ti"u. l.A. NO 30F 2025 1o -i Petition under Sec1ion.359 (2) BNSS Act, 2023 praying that in the circumstances staled in the Memorand* Jor"riros of criminar petition, the High court may be preased. to record G t.ir. entered into the Petitioner herein, who is the comprainrnf who is accused and to quash the proceedings in cc.No. io 175 0r 2022 0n the fire of Vr "na Additionat Chief MetrooorLll r,4"O.i9i*1" IiN.rp""rrv, Hyderabad against the Petitioner/Accused in the interest of justice. -Responoenrpetitioner, "i"ompromise This Petition coming_ on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon rrLaring tn:' arguments of sri c.Kumar, Advocate for the petitioner and the Sri Jitheialinao Veerama[a, Additionar Public Prosecutor on OenSff. ol tn"-n*p"rO-*t No.1, and Sri B.Krishna, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER -l-l' I I I , w THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 0F 2025 ln/And CRIMINAL PETITION N o.7428 0F 2025 COMMON ORDER: This Criminal Petition is filed under Section '528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Ior short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioner in C.C.No.10175 of 2022, on the file of the Vl Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

2. The petitioner is the sole accused in the Calendar Case registered for the offence punishable under Section 420 of lPC.

3. Heard Mr.C.Kumar, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.B.Krishna, learned counsel for the respondent No.2l de-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 permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioner/accused in C.C.No.10175 of I

2022. 2 J.'1.N0t.2 anfi- 01 2025 ia/and C,/.P.N0.7428 of 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 setflement. The Secretary, High Court Legal Services Committee, has submitted report dated 30.06.2025 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 settlemenUcompromise. 6 l have considered the submissions of the rearned counser and perused the materials on record.

7. Having considered the aflegations,'the charged offence and taking into account the amicabre setflement 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 lJ.p.2; Sfate of Madhya Pradesh v. Laxmi Narayan and others3, this Cou( is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under section 4BZ cr.p.c.r52g of BNSS, 2023, would be in the interest of justice. | 2012 (10) SCC 303 2 zo2q INSC t89 r zo19 (s) scc 688 3 Nl&/ I-,1.N0t.2 an of 2025 in/a Crl.P.Nt.7128 o1 202i

8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in C.C.No.10175 of 2022, on the file of the learned Vl Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, are hereby quashed against the petitioner/accused.

9. ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed. SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR //TRUE COPY// \SY, SECTION OFFICER To, l The vl Additionar chief Metroporitanchief t\4agistrate at Nampaily Hyderabad 2. The Station House officer, cloer brime i;iG'-Si;ii"", CtD Hvderabad 3. Two CCs to the pubric prose6utor, High cor.t rorine'stIt""Ji',r""i"i;ll rt 4. One CC to Sri C.kumar. Advocate tOptJCl i 9n" CC to Sri B.Krishni K;,rhk Ai;;c;id topucl 6. Two CD Copies Hyderabad [OUT] qu- NVB/psl I THE S 14 t : 16 JUL 2025 * c * HIGH COURT DATED:0310712025 COMMON ORDER l.A.Nos.2 AND 3 OF 2025 ln/And CRLP.No.7428 of 2025 DISPOSING THE CRLP AND ALLOWING THE l.A.Nos.2&3OF2025 # T b 1) /<) V '/ IN THE HrGH couRT FoRTHE srire oFTELANGANAAT HYDERABAD ^? r.rvrtED .r.^arrr --r X. t CRLP No' OF2O25 Between: Mohan Lal Purohit @ Mohan Purohit S/o Mobataram Purohit, Aoed 35 Years, Occ:Business, nio ff .f,fo.Z-f-938, Buruga Chetty Bazar' n'P noad, Secunderabad and Native of D.WING, 3'd Floor, Flat No.39, Balaram Street, Grant Road, Mumbai-400008' AND

1. The State ofTelangana, Reo.bv its Public Prosecutor, nidn Coutt building, HYderabad Th-rough PS CID, HYderabad' 2, Sri.Anuj Kumar Agarwal .. Petitioner/Accused-2 S/o V.K.Agarwal, Aged 54 Years, niinotiteO Signatory Jasper Infotech h ' Ltd' ffi;;;;il; Coronv, Nlw Delhi110024 and native of RYo iot, Siddarth Chambers-1, Kalu Saray, Hauz Khas, i'"iin o"liii-rr0016. "Respondenl E/Defact-complainant JOINT coMP OM SE E o It is respectfully submitted that the 2od respondent filed complaint against 1. Petitioner/Accused-2andu,..t,.,beforethel.trespondentPolice,inter0aliaalleging offence under Section 420 oflPCand Sec' 66-D ofIT Act' 2000 wherein he alleged that,thepetitionerhasdefraudedhiscustomersbydeliveringdifferentitemoflower value than the actual product ordered by them A,9.'^ \ Petitioner 2nd Respondent l !i ! ! i I I i I I i I '!0/ # 2 2. While things stood thus, after intervention of the elders and well-wishers of both petitioner on one hand and 2od respondent herein on out of coutt on 25-11-2024 wherein the 2nd respondent/complainant agreed to withdraw the case in c.c.No.10 175 of 2022 arising out of FIR.No.27l2016 as he does not wish to pursue this matter any further. Therefore, in view of the compromise between the parties, no useful purpose will be served in continuing the crime against the Petitioner. Further the offences are private in nature and the same are compoundabie with the permission of the court so also punishable for 3 years and up to 7 years only.

3.. . Henceforth, there shall not be any claims whatsoever against the petitioner and the 2nd respondent and that they shali not interfere with their individual lives in any manner whatsoever in future.

4. [n view of realizing the said mistake, which was occurred bonafidely and under mistaken circumstance,, the 2nd respondent who is the only victim in the entire case, has agreed to withdraw the complaint in CC.No.10175 of 2022 on the file of VI Addl. Chief Metropolitan Magistrate at Nampally, Hyderabad against the petitioner.

5. The 2nd respondent shall not file any fresh complaint/s, case/s etc., against the petitioner herein in fuhrre concerning the same cause of action and so also, the petitioner shall not fi[e any cases against the 2nd respondent also. t"n il*^ Petitioner & 2nd Respondent w /' ,@ It is theretbre prayed that this Hon,bre court may be pleased to Q(lAsH the oroceedings in CC'No'1017 t*tf iO" on the file of VI Addl' Chief Metropolitan *o'io pass such o'1her il#;;;,,"*",y; Htrf5fi:m;:;:l:: order or orders as this Hor 2nd Respondent * .$ Counsel for ResPo ndent No.2 )4rLt" Petitioner Counsel for Petitioner Hyderabad Dated:F06-202s l,i I .,1 I I i I I I i I I l 1,1 I

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