Hyderabad High Court · 2025

2. Shaik Reshma, D/o.Shaik Masthan, Aged about 19 years, Occ: Student, R/o. H.No.15-304, Sri Nagar Colony, Huzurnagar Town and Mandal, Suryapet District. ...RespondenUComp{ainant 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 quash the proceedings in PRC.No.28|2O24 on the file of Hon'ble Judicial First Class Magistrate at Huzurnagar, against the petitioner/Accused herein in the interest of Justice and equity. 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 of all further proceedings in PRC.No.28/2O24 on the file of Hon'ble Judicial First Class Magistrate at Huzurnagar, against the petitioner/Accused herein including stay of arrest and pending disposal of the Criminal Petition. l.A. NO: 3 OF m25 Between: Shaik Reshma, D/o.Shaik Masthan, Aged about '19 years, Occ: Student, R/o. H.No.15-304, Sri Nagar Colony, Huzurnagar Town and Mandal, Suryapet District. ...Petitioner/Respondent No.2/Complainant AND

1. Ttre State of Telangana, Rep, by Public Prosecutor, High Court of Judicature at Hyderabad. 2- Gunti Mahesh, S/o. Yesu, aged about 20 years, Occ: Sntering \Alork, R/o. Daddanala Cheruvu Colony, Huzurnagar Town and Mandal, Suryapet District. ...Petitioner/Accused ...ComplainanURespondent Petitiorr under Section 359(6) R/w 528 of BNrSS praying that in the circunrstances stated in the Memorandum of Grounds of Criminal Petition, the High Court rray be pleased to permit the Petitioner/Respondent No.2/De- facto- Complainant to Compounding the PRC.No.28l2O24, on the file of Hon'ble Juclicial Magistrate of First Class at Huzurnagar, for offences Ulsec. 417,418,42O,376 (2) (n) of IPC (Sec. 318 (2), 318 (4), 64 of BNS) l.A. NO; 4 OF 2025 Petitiorr under Section 359(2) R/w 528 of BNI)S praying that in the circumstance:; stated in the Memorandum of Grounds ,tf Criminal Petition, the High Court may be pleased to record the compromise in Crl.F.No. of 2025 and Quash the proceedings against the Petitioner/Accused in PRC.No.28/2024, on the fite of Hor'ble Judicial Magistrate of First Class at Fluzurnagar, for offences U/sec. 417, 418,420,376 (2) (n) of IPC (Sec. 318 (2), 31rl (4), 64 of BNS) This Pt:tition coming on for hearing, upon perusi:lg the Memorandum of Grounds of Criminal Petition and upon hearing t1e arguments of Mr. Venkataramanaiah K., Advocate for the Petitioner and the Mr. Jithender Rao Veeramalla, Ldditional Public Prosecutor on behalf of th,: Respondent No.1 and of Mr. Mogili Andveni, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No.8365 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'the BNSS') seeking quashment of the proceedings against the petitioner in P.R.C.No. 28 ot 2024 on the file of the Judicial First Class Magistrate at Huzurnagar.

2. The petitioner is an arcused in P.R.C.No. 28 of 2024 registered for the offences punishable under Sections 417, 418, 42O,376(2) (n) of the lndian Penal Code, 1860 (for short'lPC') (318(2), 318(4), M of BNS).

3. I have heard Mr. Venkataramanaiah K., learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Mr. Mogili Anaveni, learned counsel for respondent No.2lde-facto mmplainant. 2 NTR,J lAs_3 & 4 of 2025 in/and Crlp_8 35s_2025

4. oending this petition, the parties have entered into the compnlmise and, accordingly, respondent No.Ztde-facto complainant filed l.A.Nos.3 and 4 of 2025 with the prayer to permit them to enter into compromise and by recording the seftlenrent to quash the proceedings against the petitiorrer/accused in P.R.C,No.28 of 2024.

5. l-his Court vide order dated 09.07.2025 referred the parties to the l{igh Court Legal Services Committee for iCentification and to verify the voluntariness in arriving the setflement. The Secretary, High Court Legal Services Commiftee,, has submitted report dated 22.07.2025 stating that the parties were identified by their rt:spective counsel and also on verification of Aadhar Cards/l,Jentity Cards and the enquiries revealed that the parties have willfully and without coercion entered into seftlemenUcompromise.

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

7. Tre prosecution's case, in brief, is that the petitioner/accused developed an acquaintance wrth the de facto r ( o 3 t TRJ lAs_3 & { of 2025 inland" Crlp_E365_2()5 @mdainant and, after expressing bve for her, entered into a sexual relationship with her despite being aware of trer HIV_ positive status. This relationship continued for four years, clurirg which the petitioner/accused repeatedly assured her that he would marry her. However, on 21.6.2024, when the petitioner/accused was found at her residence and confronled by her family members, he refused to marry her, citing ,parental disapproval.'

8. Having considered the allegations, the nature of the offences charged, the age of the petitioner/accused, the longstanding sexual relationship between the parties, and the amicable seftlement reached with a view to restoring peace, in the light of the dictums in Gran Singh v. Stafe of punjab and anothe/ and Anil Mishra y. Sfafe of U.p.2; Stafe of Madhya Pradesh v. Laxmi Narayan and otherss, this Court is of ttre considered view that quashment of the impugned proceedings in view of the seftlement by exercising jurisdiction under Section 4g2 Cr.P.C./528 of BNSS, 2023, would be in the interest of justice. ' 2012 (O) SCC 303 ' 2024 INsc 189 r 2ot9 (5) scc 688 4 NTR,J'. lAs_3 & 4 of 2025 in/and Crip_E365_2025

9. A,ccordingly, l.A.Nos.3 and 4 of 2O2S are allowed. ln @nsequence, all the proceedings in P.R.C.No. 28 of 2024 on the file of the Judicial First Class Magistrate at Fluzurnagar, are hereby quashed against the petitioner/accused.

10. lr the above terms, the Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed. SD/. MOHO.ISMAIL DEPUry REGISTRAR 6 /,TRUE COPY// SECTION OFFICER To, 1 2 3 4 5 6 The Judieial First Class Magistrate at Huzurnagar The Station House Officer, Huzurnagar Police Station, Suryapet Diskict. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] One CC io. Mr. Venkataramanaiah K., Advocate [OPU(]] One CCro Mr. Mogili Anaveni, Advocate [OPUCI Two CD rlopies (Along with a Copy of Joint Memo of Compromise) W Kam/PSL HIGH COURT DATED:2210812025 \ ),/ I COMMON ORDER l.A.Nos.3 and 4 ot 2025 ln/And CRLP.No.8365 of 2025 ,+) \ / 18 siP 2m ; * o n' Ec €sF/, r c!\ I BOTH l.As ANO cRtMtNAL pETtTtON ARE ALT.OWED i, d, IN THE HIGH COIJRTQF JUDICATURE AT HYDERABAD FORTHE STATE OF TELANGANA ,: qd.P.Ng.. ,.],,.,. PRC.t{o.28/2024 ble Jtdieial Maeiffi offirst€tss+at 3,'t ;or 1<:s2a G-^7 ^;r1 ..''., Hqzqpggar,) , (Of'Hon ,,. ':1 , , ',, r Town and Mandal, Suryapet District. ondentNo.2/Complainant I.,_.. High ,l ; ,,i ., e P u of\udicature at Hyderabad. h ::. r'_ -:, /t ..Complainan( Respondent

2. Gunti Mahesh, S/o. Yesu, aged about 20 years, Occ: Sintering Work, . R/o. Daddanala Cheruvu Colony, Huzurnagar Town and Mandal, Suryapet District. '. ...PetiUoner/Ac€used OINT EM ,,# ' it is submittedi'thet the Petitioner/De-factc'-Complainant have amicably settled the tiiipdte at the ihtervention of elders and well wishers end the family memffi and the mafter ha'; been compromised Oetr*#n ttrem. Hence.ifid bottr purtiu, came to com2romisg ir1 the above said in PRC.No.28l2O24, on ffre file of Honble Judicial Magistrate of First Class at Huzurnagar, for offences Ulsx.4L7,4l8, 420,376'(2)'{n) of IPC.(Se<:.;31S, (2),r318,(4), 64 of BNS) and p?.s9 such other o14er or 'may :_' ll+:" 1 l':': -. ..'. : ,: . ttriS, noitie Court deem fi! and prope? -i! T" l. ', " : i: ..' ,i ,- _<irop.rs'as 'circumstances or tne'Gac.i I CD. n"\^dL. Petitiondr/R;2/Coinplainant h, Counsel for the Peti oner/R2 9r.="4 Petitioner/Accused Counxrl for the:Petitioner/Accused Hydeiabad, Dated: 30.06.2025