The High Court · 2025

2. Smt. E. Venkata Laxmi Sireesha, W/o Occ. Software employee, R/o. Flat No.1 Chandanagar. N/o. Tuni, East Godavari Prosecutor High Court for the State Gopi Suresh, Aged about. 26 years, 2, GMS Classic Nivas, KSR Enclave, Petition under Section 528 of BNSS stated in the Memorandum of Grounds of C praying that in the circumstances iminal Petition, the High Court may ..Respondents/Complainant be pleased to quash the offences arouse out of C C No 162 ol 2023 on the file of corrt ot lx Additional Metropolitan Magistrates court at Kukatpally, Hyderabad' t.A. NO: 10F 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the permission Petition, the High Court-may be pleased to stay. all irrtno pro"""dings arising out of C.C.Nol'tez ot 2023 on the file of Court of IX nO J ltionrf Metrop-ol itan M Jgistrate's Cou rt at Kukatpally' Hyd era bad l.A. NO: 20F 2025 Between: Smt. E. Venkata Laxmi Sireesha, Wo. K Go-Pi-suresh' Aged abog! 26 Years' 6;. 5"fit;;;;ilployee, wo Ftat t'to.toz, GMS classic Nrvas KSR Enclave' Chandanagar. N/o. Ti.rni, East Godavari. .,'Petitioner/Defacto Complainant in l'A'Nos'2 and 3 ot 2025 AND 1 2 3 4 K. Gooi Suresh, S/o. Mohan Rao, Aged about 30-yeart,. -99" .Software Erril"ii"liil" nr.ro.-zg-39-tt, Alluii S-eetararnaraju Road' Muthvalampadu' Vijayawada, A.P State. K. Mohan Rao, S/o. Late Ranga Rao Aged about 52 years' Occ Bu-sine-ss' iii"'ni.pd ig--ib-1r, Atturi SeetZramaraju-Road. IVluthyalampadu, Vijayawada' A.P State. Represented by GPA Holder K. Gopr Suresn' K.Padmaia. Wo. K. Mohan Rao' Aged about 52 years' Occ Housewife' R/o j].' N;"'i'i'3b:i], Arirti S"et"iimaiaju Road, Muthvalampadu' Vijavawada' A.p State. Represented by GPA Holder K Gopi Suresh 29 years, Occ. J. Sarvani Anusha, Wo. Mani Sudheer, Aged- a]r'out fforiu*if.. R/o four Pillar Center,Vijayawada, A P State Represented bY GPA Holder K. GoPi Suresh

5. The State of Telangana, Rep.by its Public Prosecutor High Court for the State of Telangana at HYderabad ... Respondents/Accused No.1 to 4 in l'A'Nos'2 and 3 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 O" pLr."O to permit the petitioner to 9omg9u1! the offences arouse out of C.C.f.fo.f OZ of 2023 on the iile of Court of lX Additional Metropolitan Magistrate's Court at KukatpallY, HYderabad. l.A. NO: 3 OF 2025 I P 2( ) ,f et t on U ndeI .J 5I t o B N SS ra v e affida t o n me m o o com o U n d n s oneI & ReS o n e nts d p betwee n e p H o n b e C o u rt mav be p eaSE 162 of 2023 on the file o at Kukatpally, Hyderabad p o com ou n d f C o U rt o X d h e d p p f t n h d that in the circumstances Stated in view of the compromise entered petitioner herein prays that this the offences arouse out of C.C_No. nal Metropolitan Magistrate's Court This Petition coming on for hearing, Grounds of Criminal petition and u Sri M.S.Achyuth Bharthwaj, Advocate for the Veeramalla, Additional Public prosecutor on of Sri G.Raghu Chandra, Advocate for the R pon perusing the Memorandum of on hearing the arguments of Petitioner and the Sri Jithender Rao behalf of the Respondent No..l and pondent No.2 The Court made the following: COMMON O DER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.8248 OF 2025 COMMON ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioners/accused Nos.1 to 4 in C.C.No.162 of 2023 on the file of the lX Additional Metropolitan Magistrate, Kukatpally, Hyderabad.

2. The petitioners are arrayed as accused Nos.'1 to 4 in the aforesaid C.C. which was taken cognizance for the offences punishable under Section 498-4 of the lndian Penal Code, 1860, Sections 3 and 4 of the Dowry Prohibition Act, 1961 .

3. Heard Mr.M S Achyuth Bharathwaj, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.G.Raghu Chandra, learned counsel for respondent No.2lde-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 4 in C.C.No.162 ot 2023. , --\ -."-.1 \

5. This Court vide order, dated 04.0 2025 referred the Parties to the High Court Legal Services Committee f r identification and to verifY the voluntariness in arriving the settlement. he Secretary, High Court Legal Services Committee, has submitted rep rt, dated 18.07.2025 stating that the parties were identified by their spective counsel and also on verification of Aadhar Cards/ldentity C rds and the enquiries revealed that the parties have willfully and without coercion entered into settlemenUcompromise

6. I have considered the submissi ns of the learned counsel and perused the materials on record. 7 . Having considered the allegations the charged offences, which are essentially matrimonial and inter-per nal in nalure and taking into account the amicable settlement be een the parlies and to restore peace among them, in the light of the d ctums in Gian Singh v. State of Punjab and anothe/ and Anil Mis ra v. State of lJ.P.2; State of Madhya Pradesh v. Laxmi Narayan nd 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.l52B ot _PIS-S*?923' would be in the interest of ustice t 2012 (10\ SCC 303 ' 2024 INSC 189 3 2019 (5) scc 688 3

8. Accordingly, l.A.Nos.2 and 3 of 2O25 are allowed. Consequently, all proceedings against the petitioners/accused Nos.1 to 4 in C C'No 162 oI 2023 on the file of the lX Additional Metropolitan Magistrate, Kukatpally Hyderabad, are herebY quashed.

9. ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed SD/- A. SREENIVASA REDDY AqSISTANT REGISTRAR //TRUE COPYII \ SECTION OFFICER To, Hvderabad. '1 . The lX Additional Metropolitan Magistrate's Court at Kukatpally' , Tt;=S;i; House officer, Chandanagar Police Station' Cyberabad 5 +;; -Cc;; + ijili-cd t" Sii 5. il; Cc io Sri C.Ragnu Cfrandra, Advocate [OPUC] 6. Two CD CoPies ir'',. iruli" pi.isE"rioi, Hish court for the state of relangana at ncnvutn Bharthwaj, Advocate. [oPUC] Hvderabad [OUTI 'v.'s. NVB (Joint Memo is enclosed herewith) 1 HIGH COURT DATED:251O712025 I i lHE S l4 /6. Ro ( o. c o -t I 13 ruE [m t'" '\ .l t'a'i! / 2 -./ COMMON ORDER l.A.Nos.2 AND 3 OF 2025 In/And CRLP.No.8248 of 2025 DISPOSING THE CRLP AND ALLOWING THE l.A.Nos.2&3OF2025 / n IN THE IIIGH COURT EOR THE S ATE OF TELANGANA AT HYDERAB D I.A.NO. CRLP. NO. ) IN /qq oF 2025 oF 2025 BETWEEN: l. K. Gopi Suresh, S/o. Mohan Rao, Aged about 32 years, Occ: Software Empl R/o I{. No. 23-39-ll, Alluri Seetaramara.l Muthyalampadu, Vijayawada, A.P State. yee, Roa4

2. K. Mohan Rao, S/o. Late Ranga Rao Agcd about 56 years, Occ: Business. R/o II. No.23-ls-ll, Alluri Seetaramaraj Muthyalampadu, Vijayawada, A P Stalg Represented by GPA Hotder K. Gopi Su Road,

3. K.Padmaja, W/o,K. Mohan Rao, Aged about 54 years, Occ: Housewife, R-/o H. No. 23-3q- I I , Alluri Seetaramaraj Muthyalampadg Vijayawada, A-P State. Represented by GPA Ilolder K. Gopi Su

4. J- Sarvani Anusha" W/o. Mani Sudheer, Aged about 3l years, Occ: Housewife, R/o. Four Pillar Center,Vijayawada, A P Reprcsented by GPA Holder K. Gopi Su Road, h Petitioners/Accused No. I to 4 l. The State ofTelangana Re p.by its Public Prosecutor Fligh Court for the State olTelangana at yderabad

2. Smt. E. Venkata Laxmi Sireesha, Wo. Aged about. 28 Years, Occ: Software e R-/o. tlat No. 102, GMS Classic Nivas, K Chandanagar. N/o. Tuni, East Godavari. Gopi Suresh, loyee, R Enclave, Respondents/ Complainant .IOINT ME o l. It is respectfulty submitted that the abo e criminal petition for compounding the olfences arouse out of C.C.No.162 o 2023 on the file of Hon'ble IX Addl. Mctropolitan Magistrate at KukatpaLIy, yderabad. ( +lJ.-s., S-. \( e) U J B 0K #rt 4V t S;hi'l,niit o \

2. lt is submitted that the Respondent No.2 i.c.. thecomplainant has filed a colnplairtt and got registered the same vide FIR No.2412023 dated

06.01.2021on the filc olthe Chandanagar P.S, Hyderabad lor the offences punishable undcr Section 498.\ of I P.C, I & 4 of DP nct against Petitioner No. I to .llAccused hcrcin. Further after registration of the said FIR the I{espondent Police also filcd charge sheet and on cognizance thc samc was nutnbered as CC No. 162 ot .2023 on the file of Hon'ble IX Addl, Metropolitan Magistrate at Kulatpally. Hydcrabad. Introducto rv Facts:

3. It is submittcd that I'ctitiolcr No.l and Respondcnt No.2 got rnaried on | 5.04.2022. at Vijayrlvada. Larer on, they laccd problerns due to their misundcrstardings and morcoler sonre disputes arosc belwecn thc Pctitioncrs and respondenl No.2. Further. the I']ctitioncr No.2 & 3 are the Nlother and Father of Pctitioner No I i.c. Mother in law and father in latv to the Respondent No.2 and thc Petitioner No.4 is the sister to the Petitioner No-l i.c., Sistcr in lirw to the I{csporrdent No.2-

4. It is respectfully submitted thar. out ol marital life ol the Petitioncr No. I and the Respondent No.2, lew drsputes have arisen whereby the Respondent No.2 had filed rhc above mentiol1ed complaint against the Petitioners herein. Further, in c()nnection to the said dispute, the parties ha!e exercised their lawfirl rights and resorted to filing of various cases agaLnst errch other, however, upon intervention o[e ldels and well wishers the parties in their own voli[ion havc irgreed to settlc the disputes and leave in pcace and harrnony. l'he details ofcases tilcd are. \< s\S.**-s"-. i<'$*1ry n w--d,-L K )or- N'ru*- 4V LSilnilA t\ (u F.C.O.P NO. 1706 o12022 on the fil Court, Vijayawada. o[ the Hon'ble Principal Famity The l)etltioner No.l had filed the tition under Section 9 of Hindu Marriage Act against the Respond nt No.Z seeking to direct the Respondcnt No.2 to resurne the conj I lifc with the Petitioner No. L [n view of settlement the same was clos (ii) M.C. No.38 of 2023 on the filc of Scssions Judgc Cum Family Court a the Hon'ble VI Addl. District & Kukatpally, Hyderabad. The Rcspondent No.2 llled M-C No. 38 of 2023 against Petitioner No.l under section I 25 ol the CrPC seeki to direct the Petitioner No.l to pay tolvards maintenance. 'I h6 same was ithdrawn by the Respondent No.2 in vierv of the settlemeBt entered betwee the parties. (i ii) DVC No. 06 of 2023 on the file Metropolitan Magistrate's Court at the Hon'blc Court of IX Addl. Kukatpally, Hyderabad The Respondent No-2 has filed a plaint vide DVC No. 06 of Z0Z3 against the Petitioners under sectlon 2 (l) of Protection ofwomen under Domestic Violence Act. The same withdrawn by the Respondent No.2 in vierv ofthe settlement cntered bet n the parties- (iu) C.C No. 162 ot 2023 on thc file Metropolitan Magistralc's Court a f the Hon'blc Court of IX Addl. Kukatpally, Hyderabad. The Respondent No.2 is the comP inant herein and the present quash petition is filed challenging the same

5. While things stood thus, upon interven ion of elders and well-wishers, the Petitioner No.l and the Respondent No have agreed for mutual divorce and the Respondent No.2 without anY c cion has agreed to receive certain \q :.-"}...s-,<..,=. K. {*l k*1, R 7Of" 4Yt g;l"ilo ('u alllounts tolvards pcrrnaneflf alimony and further the Responrlent no.2 is willing kr rvithdrarv all the cases and the charges/complaint tiled by her No. I to 4 in ordcr to live in peacc ancl har:nony. ,fhe [enns of comprornise have beerr deduce<l into rvriting and sul)nlitted before lhe against thc petitioners family court. 6 7 It is further submitted that, in vierv of the settlement, thc Respondent No.2 is not rvilling to continue crirninal proceedings against the petitioners want to procec(r with the prosecution against the petitioners and do nof It is submifted thar the allegations rnade b_v the Respondcnt No.2 in No.24 of 2023 arc personal in rrature and that there is no irrlringcmenl to public peace and rranquilir). as such the liespondent No.2 is not rvilling to gs against thc l)etitioners and do ns1 11,un1 1o plainl against the petitioners. continuc crimina I proceedin proceecl with the charges/corn the FIR 8 It is submifted that, rhe Rcsponderrr No.2 is ptessure or coercion is rvilling Petitioners and lirrther do not want to proceed agalnst the Petitioners, .t-hcrefbre. roluntarily withoul any lind of rvithdrau. all the charges agatnst the with the criminal proceedings on thrs ground alone the criminal proceeding against the petitioncrs is liable to be quashcd 9 Since the Respondent Nro.2 is n,rt wiiling and do not want to procecd \r,itll the complaint, the complaint is liable to br: quashcd to meet the ends ot..,usrice. I0. It is submitted that. Respondenr No 2& lire petitioncrs ln vl(]u' of thc coolpromise entered pending benleen the srid cases on lalinq lcral rdviee. 2pproaching this Hon'ble Court iu excrcise of its Xsetunrme*l- 7, (l-|,:*,ul* the Petitioners her.e in is \< *,. -L.o._*, r., _ t<,63+il I i I I l /. I (3 extraordinary inherent jurisdiction u der section 528 of BNSS for compounding the offences arouse out o C.C.No.162 of 2023 on the file of Hon'ble IX Addl. Metropolitan M strate at Kukatpally, Hyderabad registered otherwise the petitioner would ut into irreparable loss. In view of the Memorandum of Comp mise it is therefore prayed that the Hon'ble Court may be pleased to permit to pound the offences arising out of C.C-No.l62 of 2023 on the file of Hon'ble Court of IX Addl. Metropolitan Magistrate's Court at Kukatpally, Hyderabad re stered and quash the said offences and pass such other order or ordcrs as this Hon'b e Court may deem ht and proper in the circumstances of lhc casc. PETITIONER K lvl" stt*|' K GOPI ST]RESI{ RESPONDENT \r L wn^l^A A LAXMI SIREESIIA E VENKA \<s.J"*-'n " K MOHAI\ RAO Rcp. by his GPA Holder Mn.K GOPI SURES t< *A;w K PADMAJA Rep. by her GPA Holder MR.K GOPI SLIRES VANI ANUSHA JS Rep. by her GPA Holder MR.K GOPI SUITES