✦ High Court of India · 24 Jul 2025

High Court · 2025

Case Details High Court of India · 24 Jul 2025
Court
High Court of India
Decided
24 Jul 2025
Length
1,489 words

The State of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad Bathula Ramulu, S/o.Ramulu, Aged about 57 years, Occ- Labour R/o. 3- 127 I 1, Rajannapet, Karimnagar 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 against Petitioners/ Accused Nos.1, 2 in SC No.314 of 2019 on the file of Hon'ble Senior Civil Judge Sircilla. ...Respondents/Complainant l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Crrminal Petition, the High Court may be pleased to stay all further proceedings including appearance of petitioners/ Accused Nos. 1,2 in SC No. 314 ol 2019 on the file of Hon'ble Senior Civil Judge, Sircilla. r+r*- ,J!l.€!i?*F.!r :," 1. 7 l.A.Nos.3 AND 4 OF 2025 l.A. NO: 3 OF 2025 Bathula Ramulu S/o.Ramulu, Aged about 57 years, Oc: l-abour R/o. 3- 12711 , Rajannapet, Karimnagar ...Petitioner/RespondenUDefacto Complainant AND 1 2 3 Shivarathri Shekar, S/o Pedda Rajaiah, Aged about 1,3 years, Occ- Labour R/o. H.No.'124i4 Rajannapet, Almaspur, Karimnagar. Shivarathri Mahendar, S/o. Narayana, Aged about 31 yr:ars, Occ- Labour Rio. H. No. 3-1 24, Ralannapet, Karimnagar. ...Respondent/Petitioners/Accused The State of Telangana, Represented by its Public Pros-.cutor. High Court at Hyderabad. ...Res1:ondenURespondent 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 to compromise the case S.C No. 314 of 2019 on the file of the Hon'ble Senior Civil Judge Sircilla in the interes: of justice. l.A. NO: 4 OF 2025 Petition under Section 359(2) of BNSS, praying that n the circumstances stated in the Memorandum of Grounds of Criminal Petition. tl'e lligh Court may be pleased to record the compromise in the above criminal pe,titron and quash the proceedings in S.C.No 3'14 of 20'19 on the file of the Hon'b e Senior Civil Judge Sircilla by compounding the offence in terms of compromise in the interest of justice. This Petrtron coming on for hearing, upon perusing ihe lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri lVlukkera Sahithi Sri Kavya, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Res,pondent No.1 and of Ms Chenagoni Mounika, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER w THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 and 4 OF 2025 ln/And CRIMINAL PETITION No.8237 oF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Ior short 'BNSS, 2023') seeking quashment of the proceedings against the petitioners in S.C.No.314 of 2019 on the file of the learned Senior Civil Judge, Siricilla.

2. The petitioners are arrayed as accused Nos.1 and 2 in the Sessions Case registered for the offence punishable under Section 307 read with Section 34 of the lndian Penal Code, 1860.

3. Heard Ms. Mukkera Sahithi Sri Kavya, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Ms. Chenagoni Mounika, learned counsel for responden t No.2ldeJacto complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2lde-faclo complainant filed l.A.Nos.3 and 4 of 2025 wilh the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings again-s_t]$e petitioner/accused in S.C.No.314 of 2019. 2 .\ / ]i.,.\ 1.. 1.No'I arl I ol !02i rttf dnl {.ri. P.\0.ti217 ol )02t (

5. This Court vide order dated 03.07.2025 refern;d the parties to the High Court Legal Services Committee for identificaticn and to verify the voluntariness in arriving the settlement. The Secreta'y, High Court Legal Services Commiltee, has submitted report dated 17.)7 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. The accusations against the petitioners are lhat the petitioners/ accused Nos.'1 and 2 attacked the respondenl No.2lde-facto complainant and Lws.g and 10 (Bathula Pedda Ramulu and Gandi<ota Lachavva) with a cart peg and stone, due to previous grudges. Having considered the allegations, the nature of charged offences and takirrg into account the amicable settlement between the parties and to rest,)re peace between the parties, in the light of the dictums in Gian Singh v. Sfate of Punjab and anotherl and Anil Mishra v. Sfate of lJ.P.2; State of Madhya | 2012 (1O) SCC 303 'z zo2c tt\sc t8g EW * ? J N7R./ l.'1.\0,.) ard 1 ol?02; inf anl Cj Llr.No.g2); ol 202 i pradesh v. Laxmi Narayan and others3, this cou( 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 BNSS, 2023, would be in the interest of justice' B. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed' Consequently' alltheproceedingsinS.C.No.3l4of2olgonthefileofthelearnedSenior civil Judge, Siricilla, are hereby quashed against the petitioners/ accused Nos.1 and 2. 9 ln the above terms, the Criminal Petition is disposed of ' Pending miscellaneous applications, if any, shall stand closed' SD/-MOHD. ISMAIL DEPUTY REGISTRAR I I I ; I I i i I t Ir //TRUE COPY// SECTION OFFICER To, Nv

1. The Additional Judicial Magistrate of First Class' Sircilla Z. The Station House OfficerlYellareddypet Police Station' Raianna Sircilla i. t*o CCs to Public Prosecutor, High Court for the State of Telangana at +. One CC to Sri Mu'kkera Sahithi Sri Kavya, Advocate [OPUC] S. One CC to Ms. Chenagoni Mounika, Advocate [OPUC] 6. Two CD CoPies Hyderabad [OUT'] Along with a coPY o f Joint Memo of ComPromise I zors 1s; scc ees HIGH COURT DATED: 2410712025 ,s ..: -1.. IH: Srait\ 10 S:P 206 '-) '., { Or. -^ \\ ,\7,! :,i -; y' ,,y' COMMON ORDER l.A.Nos.3 ANO 4 OF 2025 ln/And CRLP.No.8237 ol 2025 DISPOSING OF THE CRIMINAL PETTTION AND ALLOWING THE I.A.Nos. 3 AND 4 OF 2025 4 \0 $ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD l.A.No CRL.P.No. IN OF 2025 oF 2025 BETWEEN: Bathula Ramulu, S/o.Ramulu, Aged about 57 years, Occ: Labour , FJo. 3:1271'l , Rajannapet, Karimnagar Petitioner/RespondenU Dejacto Complainant AND l.Shivarathri Shekar, S/o, Pedda Ra,iaiah, Aged about 32 years, OCc: Labour, Rl/o. H.No. 12414, Ralannapet, Almaspur, Karimnagar.

2.Shivarathri Mahendar S/o. Narayana, Aged about 31 years, Occ: Labour, Rl/o. H.No. 3-124, Rajannapet, Karimnagar. ... Respondents/Petitioners/Accused Nos 1 ,2

3.The State of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad ....RespondenURespondent JOINT MEMO

1. lt is to submit that the allegation of the complaint is that I have given a complaint before P.S. Yellareddypet, Rajanna Sircilla, against the petitioners herein Accused Nos- 1,2 and police registered a FIR vide 3412019, Under Sec 307 r/w. 34 of lPC, in which chargesheet is filed vide SC No. 314 ol2029, against the petitioners

2. I submit that the intervention of the well-wishers and elders of the both parties settted the matter amicably out of the court. That due to the said reasons, I came forward to withdraw the complaint for which I am also executed an Affidavit stating that I am ready to withdraw the above said case. '\ \ I

3. lt is submitted that the matter is setfled out of the court, I am ready to withdraw the case against the petitioner; considering all the above circumstances this Hon,ble Court ma1, be pleased to quash the proceedings in S.C. No. 314 of 2O19 cn the file of the Senior Civil Judge, Sircilla , other-wise the petitioriers and their family members will suffer irreparable loss. That Petitioner and De{acto Complainirnt respectfully submit that, the above mafter is setfled out of the Ccurt and that this Hon'ble Court may be pleased to euash the S.C. No 314of 2019 on the file of the Hon'ble Senior Civil Judge Sircilla by compounding the offense in terms of compromise in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. Hence, this Joint [\4emo IiYDERABAD DATE:25-06-2025 Counsel for etitioner OUNSE pcndent .) 2/ qQ 4 ftc l)etitioner rrro r \3 Sb,eA;. e 5,2flo5'T f)etitionerNc 2 (3 Wh?^du-) Respondent (r R<r-r"fu7

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments