The High Court · 2025
Case Details
Acts & Sections
...RESpoNoENT/coMpLAtNANT in Crl.Petition and l.A.no. 4 ot 2025 Petition under Section 528 of BNSS 20231 Sec 4B2 of Crl P C 1973 praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to Quash the FIR in Cr.No.260/2025, dated O2lO4t2O25, Under Sections 7a,75(1)(ii)(2),79,351(2) of BNS, registered at Jubilee Hills Police station on the basis of compromise. I.A. NO :2OF 2025 petition under section 528 of BNSS ( 482 ol Cr.P.C ) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High court may be pleased to stay further proceedings in cr No 26O of 2025 -------'-7 registered at Jubilee Hills PS, during the pendency of the present petition, this Hon'ble Court may stay further proceedings of FIR in the inte,rest of justice l.A. NO: 4 OF 2025 Petition under Section 359 of BNSS (482 ot Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to permit the petitioner/accusr:d to compromise in Cr.No.260 of 2O25. l.A.Nos:3 &5OF2025 Between: Mallula Anusha, D/o Biddika Ramu, Age. 31 yrs, Occ. Private Enployee, H.No. B-2- 2931821B,ft9, near Lord Shiva Temple, Khairatabad, Hyderabad Telangana - 500004. .. Petitioner / Complainant in l.A.Nos 3 and 5 of 2025 And
1. State of Telangana, (PS Jubilee Hills) through Public Prosectuor, High Court, Hyderabad. .. RespondenU Respond,:nt in both
2. Kotipalli Ganesh, S/o Kotipalli Malleswara Rao, Age. 2i years, Occ Private Employee, H.No 3-03, Malleswaram, Peravali, West Gocavari distriit, Andhra Pradesh - 534330' Presentlv residing "toTI*:Xo,?1^ Nc 3 and 1""1%"&of"' Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,:he High Court may be pleased to permit respondent to appear as party in person before the Hon'ble Court in order to compromise the matter in above Crlp.No.84li7 of 2025. l.A. NO: 5 OF 2025 Petition under Section 528 ol BNSS praying that ir the circumstances stated in the Memorandum of Grounds of Criminal Petition, -he High Court may be pleased to record compromise and quash/compound the Or. No.260/2025 This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAJASRI MANCHE ,Advocate for the Petitioner in Crl.Petition and l.A. No. 4 of 2025 and Respondent No.2 in LA. Nos. 3 & 5 of 2025 and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 in all Petitions and M/s. Mallula Anusha party-in-person for Respondent No. 2 in Crl.Petition and t.A.No. 4 of 2025 and petitioner in l.A.Nos. 3 & 5 of 2025 The Court made the following COMMON ORDER: - t"E THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 4 and 5 OF 2025 ln/And CRIMINAL PETITION No.8437 OF 21125 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSll, 2023') seeking quashment of the proceedings against the petitioner in Crime No.260 of 2025 on the file of Jubilee Hills Police Station
2. The petitioner is accused in the Crime No.260 of 2025 registered for the offences punishable under Sections 74, 75(1)(ii), 75(2),79,351(2) of BNS.
3. Heard Ms.M.Rajasri, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional [)ublic Prosecutor, representing the respondent No.1 -State.
4. Pending this petition, the parties have entered in o the compromise and, accordingly, respondent No.2/de-facfo complainart filed l.A.Nos.3, 4 and 5 of 2025 with the prayer to permit them to ente' into compromise and by recording the settlement to quash the procee,dings against the petitioner/accused in Crime No.260 of 2025. \ 7 NlliJ \ l..4.Not.l 1 an'l 5 of 202 5 it/ atd Cr/.P.No' 81)7 of 202i
5. This Court vide order daled 14'07'2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the settlement' The Secretary' High Court Legal Services Committee, has submitted report dated 24 07 '2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar cards/rdentity cards and the enquiries revealed that the parties have willfully and without coercion entered into settlemenUcomPromlse' I have considered the submissions of the learned counsel and
6. perused the materials on record' 7 . Having considered the allegations' the nature of charged offences and taking into account the amicable settlement beNveen the parties and to restore peace beNveen the parties' in the light of the dictums in Gian Singh v.State of Puniab and anothe/ and Anil Mishra v' State of U.P.2; State of Madhya Pradesh v' Laxmi Narayan and others3' this Court is of the considered view that quashment of the impugned lhe settlement by exercising jurisdiction under proceedings in view of I Section 482 C:.P'C'1528 of BNSS' 2023' would be in the interest of justice | 2012 (10) scc 303 2 2024 INsc 189 3 2019 (5) scc 688 - 3 ATR,/ I.A.Not.),4 and 5 of 2025 in/ and Cr/.P.No. 81)7 of 2025
8. Accordingly, l.A.Nos.3, 4 and 5 of 2025 are allowed. Consequently, all the proceedings in Crime No.260 oi 2O2S on the file of Jubilee Hills Police Station are hereby quas hed against the petitioner/accused.
9. ln the above terms, the Criminal petition is allowed Pending miscellaneous applications, if any, shall stand closed SD/- M. OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPYII secrrAkirrrcen To, 'L The XVll Additional Chief Judicial Magistrate at Nampall/ , Hyderabad. 2. The Station House Officer, Jubilee Hills Police Station, llyderabad. 3. Two CCs to Public Prosecutor, High Court for the State of Telangana at a Mallula Anusha, ( party -in - person) D/o Biddika Ramu, Occ. Hyderabad (OUT) Private Employee, H No B-2-293lB2Bng, near Lord Shiva Temple, Khairatabad, Hyderabad, Telangana - 500004. 5. One CC to SRl. RAJASRT MANCHE, Advocate tOpUCI 6. Two CD Copies kuligh .--=ffi HIGH COURT DATED:0410812025 , -...li'ih;- 10 l,iP 2025 t-) t, o^..,. COMMON ORD ER t.A. NOS. 3, 4 AND 5 0F 2025 IN/AND CRLP.No.8437 ot 20Zs ALLOWING THE CRL.PETITION AND I.A. NOS.3,4 ANI) 5 olr 2I)25 * [8b0