The High Court · 2025
Case Details
Acts & Sections
...PETITIONERS/ACCUSED 1 TO 3 The State of Telangana,, Rep. by Public Prosecutor, High Court, Hyderabad, through WPS, CCS, DD, ....RESPONDENT/RESPONDENT NO.,I l.A. NO: 2 OF 2025 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to permit the petitioner/ 2nd respondent to compound the offence U/s. 498-4, 406 IPC and Sec.3 and 4 of D.P.Act and quash the proceedings in C.C.No.1464 of 2023 on Manoranjan the file of Xlll Addl.Chief Metropolitan Magistrate Court, Complex, Hyderabad. t.A. NO: 3 OF 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of CriminaI Petition,the High Court may be ' :x+a-F?1!r1^'t::E*'!,-/ 'J' ,/ ,/ pleased to the tr,etitioner/ 2nd respondent herein and petitioners /Respondents .l to 4 herein to rercord the compromise in c.c.No.i464 of 2023 on the file of Xlll Addl.Chief Metrc,politan Magistrate Court, Manoranjan Complex, Hyderabad. CRL.P.No.81 68,tf 2025 : Between
1. Odluri R.hit Kumar, S/o. O.Veerabhadra Rao, aqed 33 vears, Occ_ P.w Ff qtgyu.g, R/o. H No.3-4-63/1 5/8, Aravinda Nagar "Rimintnbpur, Uppar, Medchat-t\irarkajgiri District-SOO013 Aadhar No.5230' 026t 6555 aliu;ba-rii ot 2nd respondent) 2. Odluri Ver:ra Bhadra Rao. S/o.late Krishna aged 57 years, Occ_ Retd.Bank .Emplgygg. R/o. H.No.34-63/1S/8, Aravinda"Nagar' namantnipui, Upp"f. Medchat-Nrarkajgiri district-500013 Aadhar No- 3i7z stqi igiilZtn", oT-r.t petitioner) 3 odluri-Vijay_a, wo. veera Bhadra Rao, aged s2 years occ- Housewife R/o. H.No 3-4-€'3/15/8, Aravinda !.r.ryg1-Rqm,anthapur, Uppar, Naeocrrii-nariaigiri - - '-" Distnct-5000 l 3 Aadhar No.9447-7231 6461(mother oi i st petitioneii - ...PET|T|ONER/ACCUSED 1 to 3 AND 1 The State.rf Te.]qn-9a11,, Rep. by public prosecutor, High Court. Hyderabad, 2 99l,t,t Bha-gavi @ Maltdikunta Bhargavi, Wo. Odturi Rohit Kumar, throuoh Wl)S CCS. DD D/o_M [.avrnderaged 28 years, Occ_-Employee in TCS R/o.H.No.i+_S_SaS, Jhrnsr L;ho\vrai, Begumbazar, Hyderabad (wife of 1st petitioner) Aadhar No. ...RESPONDENT/DEFACTO COMPLAINANT Petition urrder section 528 of BNSS praying that rn the circumstances stated in the Mernorandum of Grounds of criminal petition the High court may be pleased to quash the proceedings in c.c.No.1464 of zo23 on the file of x Additional chief t\iletropolitan Magistrate court, Manoranjan complex. Hyderabad. This Petiti()n coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri N.pandaiah, Advocate for the )etitioners in l.A.No.2&3 ot 2025 and Respondent No.2 in crl.p and of sri M.Pharri Kumar, Advocate for the Respondent Nos.1 to 3 in l.A.No.2&3 of 2025 and Petitioners in crl.p and the public prosecutor on behalf of the Respondent No. 4 in l.A.Nos.2&3 of 2025 and Respondent No .1 in Crl.p. The Court rnade the following: COMMON ORDER ,:,, )./ THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.8168 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. 1464 o'f 2023 pending on the file of the learned Xlll Additional Chief Metropolitan tVlagistrate, Manoranjan Complex, Hyderabad.
2. The petitioners are arrayed as accused Nos.1 to 3 in the aforementioned Calendar Case registered for the offences punishable under Sections 498-4, 406 of the lndian Penal Code, 1860, Sections 3 and 4 of the Dowry Prohibition Act, 1961.
3. Heard Mr. M. Phani Kumar, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.'l-State and Mr. N. Pandaiah, learned counsel for 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 petitioners/accused Nos.1 to 3 i;;. No. 1464 of2023. 2 IA. l..ot. 2 and 1 ol2025 in/ an (,r/.P. \a. 8168 aJ 202t
5. This Court vlde order dated 02.07.2025 referred the parties to the High Court Le,gal Services Committee for identification and to verify the voluntariness n arriving the settlement. The Secretary. High Court Legal Services Committee, has submitted report dated 15.07.2025 stating that the parties vl'ere identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the par:ies have willfully and without coercion entered into settlemenVcorrprom ise.
6. I have considered the submissions of the learned counsel and perused the materials on record
7. Having r;onsidered the allegations, the charged offences, which are essentially matrimonial and inter-personal in nature and taking into account the zrmicable settlement between the parties and to restore peace among them, in the light of the dictums in Glan Singh v. Sfafe of Punjab and anotherl and Anil Mishra y. Sfafe of lJ.p.2; Sfafe 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 4BZ Cr p.C.t528 of BNSS, 2023, vyould be in the interest of justice. | 2012 (1o) scc 303 'z zoz4 INSC t89 3 zors 1s; scc oat ,/ ,/ To 3 ATlR,/ I.A. Nu. 2 and ) oJ 2025 ia/a Cr/.P. No. E168 of 2025
8. Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in C.C. No. 1464 of 2023 pending on the file of the learned Xlll Additional Chief Metropolitan lilagistrate, [Vlanoranjan Complex, 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/. LLIKARJUNA RAO TANT REGISTRAR //TRUE COPYII ECTION OFFICER
1. The Xlll Additional Chief Metropolitan Magistrate, Manoranjan Complex, Hyderabad
2. The Station House Officer, WPS, DD, Hyderabad 3. One CC to Sri M.Phani Kumar, Advocate (OPUC) 4. One CC to Sri N.Pandaiah, Advocate (OPUC) 5. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT)
6. Two CD Copies (along with a copy of Joint lvlemo) Ks/gh Y,{ HIGH COURT DATED:28 t0712025 :-r -4a= y''-t\ " . ;ars -:-. ,-) ,2, 19 iEP zffi !. ;l COMMON ORDER l.A.Nos.2&:l ot 2025 ln/and CRLP.No.8168 ot 2025 Allowing the l.A.Nos.2&3 of 2025 And Allowirrg the Crl.p. ^"@ tr{, HIGH COURT F9R THE STATE OF TELANGANA ATIHYDERABAD Crl.P.No: P(er of 2025 Between:
1. Odluri Rohit Kumar & 2 others . 1. The State of Telangana AND Rep. by Public Prosecutor & another . .. Petition ers/Accused . Respondents/Com pla ina nt ]OINT COM PROMISE MEIYO Petitioners are accused in c.C.No.1464 of 2e23 on the Fire of XIII Addl.Chief l.4etropolitan Magistrate Court, Manoranjan Complex, Hyderabad. The case was registered agalnst the petitioner for the offences punishable Under Sec. 498-A, 406 IpC & Sec. 3 & 4 of D.p.Act. On a complaint filed by 2nd respondent herein a case in FIR No.766 of 2022 of PS, WPS, CCS, DD, Hyderabad which was registered on LZ-LO_2O22 and later charge sheet was filed against petitioners and numbered as C.C.No. 1464 of 2023. While things stood thus, the ,2nd respondent/complainant and 41 have decided to resolve all issues and therefore in persuasion of the same she want to withdraw her complaint and the offences are non-compoundable offences in nature and therefore the petitioner indulgence crf this Hon,ble Court to quash the proceedings in C.C.No.1464 of 2023 on the file of XIII Addl.Chief Metropolitan Magistrate Court, Manoranjan Complex, Hyderabad by recording the compromise deed. -6v'o ..Y {Y-{se s^t/ C\"w o 0" 6rl ! 2- 1. In view of the compromise. both 1st petitioner and 2nd respondent have ar;reed to dissolve their marriage Dt.l7 -4-ZOZ2 held at Grand Imperi;rl Function i-lall, near Naigara Hotel, Chadeighat, Hyderabad in F.C.O.P. No. 17A5/2022 on the fite of the Family Codrt, Mbtkajgiri, Kushai<yuda U/s.13 -B of HIY Act.
2. That tl-e 2nd respondent has agreed to receive an amount of Rs. 15,00,()00/- (Fifteen Lakhs only) towards full and final settlement and future tnaintenance and permanent alimony.
3. The 1st petitioner paid an amount of Rs.7,5O,O00i - (Seven Lakhs Fifty Thousand only) vide D.D.No. 059653 DI.2O-C6-2O25 drawn on Canara Bank, l.S.N.Colony Brach, Hyderabad ,rn 21-06-2025. On receipt of Rs. 7,50,000/- the 2nd respondent withdraw the case D.V.C. No. 42t2023 on the file of the IV.M.M Court. and also 499-A case in C.C. No. 7464 of 2023 pending on the file of Hon,ble XIII A.C.M.fvl Court, l"1a nora njan Complex, Hyderabad. 4 The Se:ond Party/Husband shall pay the remaining amount of Rs. 7,50,0(rol-(Rupees Seven Lakhs Fifty Thousand only) on the day of filing cirief examination affidavits in FCOp.No. tt-85/2022 before the Hon'ble I ADI-cum-Addl.Family Court at Khushai,luda.
5. That bc,th the parties have exchanged all their valuables, gold and silver items on 2l-06-2025 arrci no other claims against each other.
6. The 2n( respondent agreed and assured that she will not file any compla nts, criminal cases, police cases or any other legal proceeclings, against 1st petitioner or against his family members in future.
7. Both the parties hereby declared that, they shall not interfere in the future I fe of each other in any manner whatsoever. B. If any one of the terms violated by petitioners, it is always open for the 2nd respondent to ventilate her grievance by reopen of the case mentioned above. In view of the above said circumstances, both the petitioners and the 2nd responderrt were left with no other option except to approach this Hon'ble Court by filing the present petition seek.ing to quash the proceedings ir C.C.No.1464 of 2023 on the file of XIIi Addl.Chief V o 0 I rydl" u=trr -3- Metropolitan lvlagistrate Court, Manoranjan Complex, Hyderabad. The petitioners and 2nd respondent submats that there was no co usion between the parties. Hence the compromise memo 2nd Respond ent/co m p la ina nt Petitio n e rslAccu sed d,F Odluri Bhargavi @ Maddikunta Bhargavi &"y
1. Odluri Rohit Kumar 9 . rl."o<l A-d>< Q',.'-
2. Odluri Veera Bhadra Rao G AdoJ, Odluri Vijaya 3 Counsel for 2nd respondent Counsel for Petitioners/A1 to A3 Place: Hyderabad Date.30 -06-2025