✦ High Court of India · 28 Jul 2025

The High Court · 2025

Case Details High Court of India · 28 Jul 2025
Court
High Court of India
Decided
28 Jul 2025
Bench
Not available
Length
1,127 words

1 Vanga Sriram Reddy, S/o Vanga Jayarami Reddy,Occ. Business,R/o H.No. 8-2-293182 /PN/Plot No. 242,Road No.12, Prashasan Nagar, Jubilee Hills,Hyderabad - 500033. 2. S. Santosh Kumar, S/o Late S. Venkat Swamy, Aged about 34 years,Occ. Private Employee, R/o H.No. 13-5-147, V. Rama Rao Nagar,Bora banda, Hyderabad - 5000'18 3. G. Sundaraiah, S/o Late G. Muthyalu, Aged about 43 years,Occ. Contractor,R/o H.No. 8- 2-613i 109 lA, Uday NagarRoad No.1 1 , Banjara Hills, Hyderabad - 500034. ...PETtTtONER/ACCUSED(S) AND

1. State ofTelangana, Rep. by Public Prosecutor, High Court ofTelangana, Hyderabad 2. S.K. Jayachandra, IPS (Retd),S/o Late K.V. Shastri, Aged about 70 years,R/o H.No. 2421A, Ptashasan Nagar,.,ubilee Hills, Hyderabad - 500033. .RESPONDENT/COMPLAINANTS Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased toto Quash the Charge Sheet CC No. 247 of 2025 on the file of XVll Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and consequently Quash FIR No. 430 of 2023 on the file of Station House Officer, Jubilee Hills Police Station and pass l.A. NO: 4 OF 2025 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased pleased to permit my duly authorised power of attorney to appear and represent me in the present crlp for purpose of compromise and pass l.A. NO: 3 OF 2025 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased pleased to permit my duly authorized power of attorney to appear and represent me in the present crlp for purpose of compromise and pass. l.A. NO: 2 OF 2025 Petition under Section 52g of B.N.s.s. praying that in the circumstances slated in rhe Memorandum of Grounds of criminal petition, ThL l-iig h court may be preased to record the qo.v..e coinelgmise and quash the proceedings in c.c. r.ro. 24r oi 202.5 on the fired of xv -at Additional chief r\4etroporitan^ Namparty and consequenfly oual tre proceedings in FIR No. 430t 2023 on the fire of Station House officer,'.ruoitee nitts Forice Station and pass -Magistrate ? l.A. NO: 1 OF 2025 Petition under seclion 0f cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, r-he court may be preased to permit the Petitioner/ Respondent No. 2 to enter into the comproriise c.c. No. zqt ot znis'in'lnte' rte or XVll Additionar chief f\retroporitan Magistrate at Nampa y, Hyderabad and FrR No.43012023 on the file of station House officer, Jubiree Hifls polce siation relating to oftence-unoer Section 336 of IPC in the interest of Justice. "t{gn ^482 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri A sATyASrRr ,Advocate for the Petitioner and sRr JEETENDER RAo VEERAI\r4ALLU ADDL. pubric prosecutor (TG) on behalf of the Respondent No. and of sri G. pREMGopAL REDDyAdvocate for the Respondent No.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos. 1 AND 2 OF 2025 ln/And CR IMINAL PETITION No.7517 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS'), seeking quashment of the proceedings against the petitioners in C.C. No. 247 of 2025 pending on the file of the learned XVll Additional Chief tvletropolitan lVlagistrate, Nampally, Hyderabad.

2. The petitioners are arrayed as accused Nos.1 to 3 in the aforementioned Calendar Case registered for the offence punishable under Section 336 of the lndian Penal Code, 1860

3. Heard Ms. A.Satyasiri, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Mr. G. Premgopal Reddy, learned counsel for respondent No.2/de facfo complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved l.A.Nos. 1 and 2 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners/accused Nos. l to Z in C'f ' No.247 of2025 2 .\ I]t,l l. l.-'.r.,.;. Lli.) o1 20!i itt/ tnd (4lt \d -rJ - nt -tt,; 5' This court v/de orders dated 20.06.2025 and 07 07.2025 referred the parties to the High court Legar Services committee for identification and to verify the voruntariness in arriving the setflement. The Secretary, High Court Legal Services Committee, has submitted report dated 16'07 2025 stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/rdentity cards and the enquiries reveared that the parties have wirfury and without coercion entered into setflemenUcompromise. 6 lhave considered the submissions of the learned counsel and perused the materials on record 7' Having considered the aregations, the nature of charged offence and taking into account the amicabre setrement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and anotherl and Anil Mishra y. Sfate 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 set'ement by exercising jurisdiction under section 52g of BNSS, 2023, would be in the interest of justice. \ \ | 2012 (10) scc 303 ' 2024 INSC 189 ' 2019 (s) scc 688 J r\i/ R,/ L-,].\ai. I dnd 2 ol 202t tn/and Crl.P.No. 7517 of 2021

8. Accordingly, l.A Nos 'l and 2 of 2025 are allowed. Consequently, all proceedings in C.C. No. 247 of 2025 pending on the file of the learned XVll Additional Chief Metropolitan [Vlagistrate, Nampally, Hyderabad, are hereby quashed against the petitioners/accused Nos. 1 to 3 9 Resultantly, the Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR G SECTION OFFICER //TRUE COPY// To, '1. The XVll Additional Chief Metropolitan Magistrate at Nampally 2- The SHO Jubilee Hills Police Station, Jubilee Hills, Hyderabad' 3. One CC to SRl. A SATYASIRI Advocate [OPUC] 4. One CC to SRI G. PREMGOPAL REDDY [OPUC] 5. One CC to SRl. PUBLIC PROSECUTOR Advocate [OPUC] 6. Two CD CoPies M, HIGH COURT DATED:28107 t2025 ) ..:}: i_ '^l ,. \ \\- 7nfr |. . i;,; \.2 f ,., t7 lr,t lA Nos. 1 AND Z OF 2O2S IN/AND CRIMINAL PET|T|ON NO: TS17 OF 2O2S '\\ j ,'r. 's. :' , ALLOWED 1 tc I

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