Hyderabad High Court · 2025

These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri DAIVODAR MUNDRA, Advocate for the Petitioners in the main Crl.P and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri SOURABH AGARWAL, Advocate for the Respondent No. 2. The Court made the following: COMMON ORDER a I I 'j i.'= *n- E+' I I i I I I I I ;l I THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETIT]ON No.7966 OF 2025 COMMON ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2A23 @r short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioners/erccused Nos.1 to 4 in C.C.No.19B3 o'f 2024, on the file of the XIV Additional Metropolitan Magistrate, Cyberabad at Kukatpally.

2. The petitioner is the accused Nos. 1 to 4 in the, calendar case registered for the offence punishable under Section :,16, 318 read with Section 3(5) of 62 of Bharatiya Nyaya Sanhita, 2023.

3. Heard Mr.Damodar [/undra, learned counsel lor the petitioners, Mr.Jithender Rao Veeramalla, Iearned Additional [)ublic Prosecutor, representing the respondent No.1-State and Mr.[iourabh Agarwal, learned counsel for the respondent No.2/de-facfo 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 recordinl; the settlement to quash the proceedings against the petitioners/accused Nos.1 to <L in' C.C.No.1983 of 2024. I J * I i 2

5. This Court vide order dated 30.06.2025 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 14.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 settlemenUcompromise.

6. I have considered the submissions of the learned counsel and perused the materials on record

7. Having considered the allegations, the charged offence 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. Sfate of Punjab and anotherl and Anit Mishra v. Sfate of lt.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 482 Cr.P.C.1528 ot fn, BNSS,2023, would be in the interest of justice.

8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all orocpedings in C.C.No.1983 oJ 2024, on the file of the XIV Additional .-_- I | 2012 (10) SCC 303 'z 2024 INSC 189 3 2019 (5) scc 688 \ I 3 Metropolitan Magistrate, Cyberabad at Kukatpally, are hereby quashed against the petitioners/accused Nos. 1 to 4.

9. ln the above terms, the Criminal Petition is dispor;ed of Pending miscellaneous applications, if any, shall stand closed. To, Sd/- AHMED ABDULLAH KHAN ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The XIV Additional lr4etropolitan Magistrate, Cyberabac, at Kukatpally. 2. The Station House Officer, Jagadgirigutta Police Statior. 3. One CC to SRI DATVODAR MUNDRA Advocate tOpUOl 4. One CC to SRl. SOURABH AGARWAL Advocate [OPL,C] 5. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD Copies GR&am Attached a copy of Joint mcmo of compromise I i , ) r" 5-i I I i I I I I ) i i , I ! I i I I HIGH COURT DATED:22 t|Tl2O2S rEil COMMON ORDER l.A. Nos. 2 & 3 OF ZO2s ! ln/And CRLp.No.7966 of 2O2i r'-ii.':'= = ::.--- .l:;?-ifi' i ;q'i 0 t s[P ztE * c \). ,/ ), 1 Li ALLOWTNG THE t.A. Nos. 2 & 3 OF 2025 AND DISPOSING OF THE Cnr-p.f1o.7966 of 2O2S 7 lr{ ::l i t t ! a I I i I I I IN THE HIGH COURT JUDICATURE FOR THE STATE OF TELANGANA AT:-HYDERABAD CRIMINAL PETTTION NO. oF 2025 IN ecsR No. oF 2024 (on the file of Hon'ble XIV Addl. Metropolitan Magiitrate, Cyberabad at Kukatpally) under section 316, 318 r/w 3(5) & 62 cf Bharatiya FJyaya Sanhita (BNS) 2023) Between: 1. Shalini Kumar, Wo Amit Kumar, Aged 28 years, Occ: Degree Holder, PJo Kesar Vihar, Road No.3, Tonko Road, Hatia, Hatiya, Ranchi, Jharkhand-834003. 2 3 4 And 1 2 Mrs. Manju Roy, ffo Ashok Kumar RaY' Aged 53 years, Occ: Housewife, R/o Kesar Vihar, Road No.3, Tonko Road, Hatia, Hatiya, Ranchi, Jharkhand-834003. Ashok Kumar Roy, S/o Late Kapildev Ray, Aged about 57 years, Occ: Govt. Employee R/o Kesar Vihar, Road No.3, Tonko Road, Hatia, Hatiya, Ranchi, Jharkhand-834003' Aditya Bhushan, S/o Ashoi Kumar RaY, Aged about 32 years, Occ: IT EmPloYee R/o Kesar Vihar, Road No.3, Tonko Road, Hatia, Hatiya, Ranchi, Jharkhand-S34003. ... Petitioners/Accused No.1 to 4 State of Telangana Rep. by its Public Prosecutor, High Cburt of Judicature at Hyderabad ... Respondent Usha Ray, Wo Sudhir Kumar RoY Aged about 50 Years, Occ: Housewife, R/o H.No.24-1430/1, Lenin Nagar, Jagadgirigutta, Quthbutlapur Mandal, Medchal-Malkajgiri District. ...Respondent/Defacto-eomplainant 9t""-t ; K"$"N' i{a.-rp. yn^qky Ar* Blr,qh"". Y t tsho.,?-c's1,' :.:, .l ;li a*. : E _'t _ l OINT MEM FILED ON EHALF OF PETITTONFRS AND RESPONDENT NO ? B May it please your Lordship, 1 2 3 A It is submitted that the Respondent No.1 is the n1y daughter-in-law and Respondent no.2 and 3 are parents of the Respondent no.1 and Respondent no.4 is brother of Respondent n().1. The mai-riage between the P.espondent no.1 with my son acc+rding to Hindu customs and they do not have any issues from the marital relationship. It is further submitted that, there are several disputes occurred between the Respondent No.2 and petitioners, as such the Respondent No.2 filed a crimlnal complaint agains;t the Petitioners. It is further submitted that, the Respondent lJo.il made a refer to P.S. complaint against the respondent no.1 to 4, U/s 316, 318 r/w. 3(5) & 62 of Bharatiya Nyaya Sanhita (BNS) 2023, and after due enquiry same is registered against the Respondr:nt No.1 to 4 vide CCSR No. of 2024 on the file of XIV Addl Metrc,politan Magisrate, Cyberabad at Kukatpally. It is submitted that, subsequently' in view of irrterventions of the elders both of me and Respondent No.1 to 4 have arrived as per the Mediattion between us. That as per the saic settlement both I and Respondent No.1 to 4 have the Mediation d;rted 03.01.2025 in view of the terms and Condition of the mediation agreed to dissolve our dispute and same is dissolved by Reference Suit NO. 5O/2O24 on the file of Family Judge, at Ranchi. 9*ln*' [l.,roro^r' j!€^\@\L e% B'/'r,l/"^. c'l Q .,r, -- .t.n t1 -3-

5. It is submitted that, as per the said compromise, the Respondent No.2; will not continue the said criminal proceedings against the petitioners herein and hence the criminal proceedings are liable to. be quashed. Foilta ?<fiAour, t-t,t/ c'lao to;hdta<t 6tt /l$/21 of RancA; It is therefore prayed that this Hon'ble court may be pleased to quash the proceedings in CCSR No. of 2024 on the file of XIV Addl Metropolitan Magisrate, Cyberabad at Kukatpally and pass such order or orders as it deems fit and proper in the interest of the lustice' Hence this MEMO .(^rt,s U*r{""\' Peiitr'oner no.l/Accused no. 1 (shalini Kumar, Wo Amit K;mar) X U' lofu"-Y Respondent no.2/Defacto-complainant (Usha Ray, Wo Sudhir Kumar RoY) l-.-1. Petitioner no. 2/Accused no. 2 (Mrs. Manju Roy, W/o Ashok Kumar Ray) A€n^-\L,\t,-..,. Petltioner no. 3/Accuse no.3 Ashok Kumar Roy, S/o Late Kapildev Ray) fld"bta g/*u/-",\ Petitior{er no.4/Accused no.4 Aditya Bhushan, S/o Ashoi Kumar RaY FOR PETITIONERS COUNSEL FOR RE NDENT NO.2