State ctf Madhya Pradesh v. Laxmi Narayan and others

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 crime No.570 of 2024 dated og.o72o24 against Accused No 1 on the File of p.s Jubilee Hills, Hyderabad for the alleged offEnces U/s 329(3) 324(5) BNS l.A. NO: 1 OF 2025 Petition under section 528 of praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to stay all further proceedings in crime No. 57b of 2024 dated 09 07 .2024 against Accused No. 'l on the File of p.s Jubilee Hills, Hyderabad for the alleged offences U/s. 329(3) 324(5) BNS. l.A. NO: 2 OF 2025 i Between: M/s. Jubilee Hills Cooperative House Building Society, Rep. by its President Sri. B Ravindranath O/o Road No. 17-A,Jubilee Hills l- vderabad-500033 ...Petitioner/Respondent No.2 in l.lr,.Nos.2 and 3 ot 2025 AND 1 The State of Telangana, Through PS Jubrlee Hills Rep by PP Hrgh Court of Telangana At Hyderabad. Respondent No.1 in l.lr.Nos.2 and 3 ot 2O25

2. Venkata F:eddi Kolli, S/o Business R/o. Flat No. Hyderabad-5000 33 Late Kolli Sambi Reddy Agel about 78 years, Occ, 103. Shreya Apartments Plol No 129, Kavuri Hills, ... RespondenUPetitioner/Accused No.1 in 1.,\.Nos.2 and 3 of 2025 Petition urder Section 359(6) of BNSS praying tha in the crrcumstances stated in the affirJavit and permission Petition, the High Cc:urt may be pleased to permit the petitioner to withdraw the non compoundable offence and quash the proceedings in Crime No 570 ol 2024 dated 0910712024 against the accused No.1 on the file of PS Jubliee Hills, Hyderabad for the offr:nce L,/s.31t9 (3),324 (5) BNSS l.A. NO: 3 OF 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the affidavit and compromise petition and joint rremo cf complainant, the High Court may be pleased to permit the petitioner to r:ompound to withdraw the non compoundable offence and quash the proceedings in Crime No 570 of 2024 dated 0910712024 against the accused No 1 on the fi e of pS Jubliee Hills, Hyderabad for the offence U/s. 329 (3),324 (5) BNSS This Petition coming on for hearing. upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the argunrents of Sri Srinivasa Rao Madiraju, Arlvocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respr;ndent No. 1 and of Sri G.V.L.Murthy, Advocate for the Respondent No.2 The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI t.A. Nos. 2 AND 3 OF 2025 ln/And CRIMINAL PETITIO N No.8311OF 2025 coM MON 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 in Crime. No' 570 of 2024 oo the file of Jubilee Hills Police Station, Hyderabad.

2. The petitioners is arrayed as accused No.1 Crime No 570' registered for the offences punishable under Sections 329(3) and 324(5) of Bharatiya NyaYa Sanhita, 2023.

3. Heard Mr.Srinivas tVladiraju, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Mr.G.V.L.Murthy, learned counsel for responden t No.2l de-facto complainant'

4. Pending this petitlon, 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 petitioner/accused No.1 in Cfrne No.570 oI 2024. I t I I I I ; I 2 ,\7ltJ 1- l.Nrr. .l tnd ) of 202i it/ dtttl (.)n'.P.Na. 8)II 01 2025

5. This Court y/de orders dated 09.07.2025 referred 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 Cc,mmittee, has submitted report dated 18.)7 2025 stating that the parties were identified by their respective counsel and also on verification ,rf Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and without coe rcion entered into settlem e n Uco m p ro m ise.

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

7. Considering the statements of the witnesses and the affidavit of respondent No.2/de facto complainant and takingt into account the amicable settlement between the parties and to re:,;tore peace among them, in the light of the dictums in Gran Singh v. S{ate of Punjab and anotherl and Anil Mishra y. Stafe of lJ.P.2; State ctf Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the crnsidered view that quashment of the impugned proceedings in view ot the settlement by exercising jurisdiction under Section 482 Cr.P.C.l52t8 of BNSS, 2023, .uroq!,d !e in the interest of justice. L 2012 (1O) SCC 303 'z 2oz.q Irusc t89 3 zors 1s; scc osa { I I I I I 3 Nl-It,/ I.A.Not.2 a ) af 2025 inlattd (.)rl. I'.N0. 8 ) 1 1 oj 202 i

8. Accordingly, LA.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in Crime. No. 570 of 2024 on the file of Jubilee Hills Police Station, Hyderabad, are hereby quashed against the petitioner/accused No. 1 . L ln the above terms, the Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed SD/- A.SREENIVASA REDDY ASSISTANT REGISTRAR I I I //TRUE COPY// SECTION OFFTCER To,

1. The XVll Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad. 2. The Station House Officer, Jubilee Hilts police Station, nyOerdnaO 3. Two CCs to the Public Prosecutor, High Court for the Staie of Telangana at 4. One CC to Sri Srinivasa Rao trrladrraju, Advocate IOPUCI 5. One CC to Sri G.V.L.Murthy, Advoc'ate tOpUCl 6. Two CD Copies Hyderabad [OUT] NVB/PSL (Joint Memo is enclosed herewith) HIGH COURT DATED:3010712025 tf*eh,5 I ;-. * i=;. ; ;x. . , ....-.1.i-- , '\:.:,i 1t Si:P 2[25 !l.) ! i! c '- ,':. r., ^ I I COMMON ORDER l.A.Nos.2 and 3 OF 2025 ln/And CRLP.No.8311 of 2025 ALLOWING THE CRLP AND l.A.Nos.2 AND 3 OF 2025 \6l"qlu- r w I I I l ,J c IN THE HON'BLE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD CRL.P.No. 8311 OF 2025 AGAINST CRIMENo. 57O OF 2024. (ON THE FILE OF P.S. Jubilee HILLS) Between: M/s. Jubilee Hi11s Cooperative House Building SocieLy, Rep. by its President Sri. B.Ravindranath O/o. Road No. 17-A,Jubilee Hills Hyderabad-500033 ....Petitioner/Respondent No.2 And The State of Telangana Through PS Jubilee Hills Rep by PP High court of Telangana At Hyderabad .... Respondent

2. Venkata Reddi Kolli S/o. Late Kolli Sambi Reddy Aged about 78 years, Occ; Business R/o. Flat No. 103, Shreya Apartments, Plot No. 129 Kavuri Hills, Hyderabad 500033 .... Respondent/ Petitioner/ Accused No. 1 JOINT MEMO FILED BY THE BOTH PARTIES The Petitioner/2nd Respondent and the Accused No. I herein rcspectfully submit as follows:

1. The Petitioner / 2nd Respondent is the defacto complainant in Crime No. 57O of 2024 dated O9.O7.2O24 on the hle of Jubilee Hills Police Station, Hyderabad) had earlier exccuted a Registered Build-Operate- Transfer OT) Agreement dated Ol .l2.2OOl in favour .of the Accuscd 6[r.& lllSriErr' For"tfilee ttrs Cmprative Hous: Buidirg Sooety ild Plesrc;ni 1 No. I in rt:spcct of a portion of land situated in r.he la.,routl:of Jubilee Hills Co opcrative House Building Society Ltcl., l()cate(l at Road No.1, Shaikpet rrnd Hakeempet Villages, now in Hyderrtbad District, under Registercd l)ocument No.4064 of 2001, registere< r at the office of the Sub-Regis trrrr. Banjara I{i11s, Hyderabad.

2. It is subrnitted that subsequently, disputes ar cl dill.erences arose bctu,een ttrc parl.ies in relation to the said schedu 1e<l propert_v and its use, leading to initiation of multiple civit and <:riminal proceedings. 3 It is sr-rbrnitLccl ttrar the pctitioner/2nd Responde-rt anrr the Accused No 1 ha'e :r.ricabr1'r scttlecr all clisputes and dirferc.ces lrctween thern. and as part of the settlement, both parties have mr_rtrLally agreed.to cancel the f3OT Agr.eernent dated Ol.l2.2OO1. 4' It is sLrbrnittccl that rrr recognition ciue to such c:ancr:[ati.n or the BOT, thc Petitiotrer/ 2.ci Respondent has pairl a r:ompensation amount ol Rs.I ,2O,OO,OOOl_ (Rupees One Crore .I.we n t-v Lakhs Only) to the Pctitioncr. This is in addition to the refun:1 of Fis.5,5O,0OO/_ (Rupees Fivc Lakhs Fifty Thousand only), which rerprese,ts trre initial consicieration paid under the BOT Agreement alc,ng with incidental expenditures incurred by the Accused No. 1 .

5. The Ar.cuscrl Nu.l has reccived thc following B:rnkcr,s Clreque s drawn on State Ba;rk of India, pBB .-rubilee Hills Branch, HvdereL5ad: M Falrhle lflts C ding Sooety Lld. oopera{le House g: Pfu Pr6l,ed \0 a. Cheque No' 514422 dated 2l'02'2025 for Rs 1'20'00'O0O/- (Rupees One Crore Twenty Lakhs Only)' and b. Cheque No' 514421 dated 2l'O22025 for Rs'5'5O'OO0/- (Rupees F'ive Lakhs Fifry Thousand OnlY) The above amounts have been accepted by the Accused No 1 as full and fina1 settlement of aII claims and Iiabilities arising from or 1si21sfl t6 the BOT Agreement dated Ol '12 '2OOI ' In vier'v of the above settlement and return of the consideration' both the parties have resolved their issuel amicably ancl the Petitioner/ 2nd Respondent has no objection for quashing of the proceeclings in Crime No.570 of 2024 d'ated' 09 'O7 '2024 registered' against the Accused No'1 for the alleged offences under Sections 329(3) and 324(5) of the Bharatiya Nyaya Sanhit a,2o23,on the h1e of Polrce t*tt";,:,J:;t;#;H#Jffiffi -'- .'l?D-4- e Respondent No'2 "..ClY,h oner/ Prmdent Petitioner/ ResPondent No'2 Counsel for the ResPondent No.2/ Accused No. 1 Accu No.1 Hyderabad Datedl .o7 -2o2s