The High Court · 2025

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 in CC No 5802 of 2022 of WpS 2 Warangal and pending on the file of the lll Additional Judicial Arlagistrate of First clals warangal in view of the settlement between the petitioners and the Second Respondent. ... Respondent I l.A. NO: 3 OF 2025 Between Mrs Lakka @ Thipparaboina Sowmya, w/o Lakka Ra.jendra prasad D/o Krishna Aged.27 years Occ. Housewife Rlo 1-23511. l-Ward Zarff ergadh, Jaagaon District ... Petitioner/Res pondent No.2 in l.A.Nos.3 and 4 of 2O25 And

1. State of Telengana, Rep by Public Prosecutor, High Court of Telengana, Hyderabad.

2. Lakka Ra.;endera Prasad, S/o Lakka Saraiah Aged. 32 years Occ. Private Service Rlo 6-1 -27613 Padmaraonagar Secunderabad.

3. Lakka Komala, Wo Lakka Saraiah Aged. 50 years Occ. Hcusewife 4. Lakka Saraiah, S/o Lakka Sailu Aged. 55 years Occ. car ririver Both R/o. 6-1- 1 3312 P admaraonagar, Secunderabad.

5. Mrs Duvva Shirisha @ Radhika, Wo Shiva kumar Aged. 34 years Occ. housewife,

6. Duvva Shivakumar, S/o Kumaraswamy Aged. 40 years Occ. Private Service Both 5 and 6 R/o London (Both 5 and 6 are represented by their GPA holder Lakka Rajendera Prasad)

7. Bolla Veeraswamy, S/o B.Bikshapathi Aged .48 years Occ. Government Employee R/o H No 2-10-773, Teachers Colony Phase-1 , Waddepally. Hanumakonda, Warangal District. ...Respondents in l.A.Nos.3 and 4 ol 2025 Petition under Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. tht-. High Court may be pleased to permit the petitioner/defacto complainant and Al to ,46 to compound the offences in CC No. 5802 of 2022 of WPS 2 Warangal and pending on the file of the lll Additional .ludicial Magistrate of First Class at Warant;al in view of the settlement between the petitioners and the second respondent. r.A. NO : 4 OF 2O25 Petition under Section 359(2) of BNSS praying that in tlre circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise between the parties herein and to quash CC No. 5802 of 2022 before the learned Ill Additional Judicial l\lagistrate of First Class at Warangal in view of the settlement between the pelitioners and the second respondent. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri tt/l.Anand I Kumar, Advocate for the Petitioners and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No. 1 and Sri Swamy Botla, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER THE. HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 AND 4 OF 2025 ln/A,nd CltlMlNAL PETITION No.8531 OF 2028 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 l to 6 in C C No.5802 of 2022 on the file of the lll Additional Juclicial Magistrate of First Class at Warangal

2. The petitioners are arrayed as accused Nos.1 to 6 n the Calendar Case registered for the offences punishable under Sections 498-4 of lndian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. 3 Heard lr/r. Vl Anand Kumar, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.'1-State and Mr.Swamy Botla, learned counsel for the respondent No.2/de-facfo complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2/de-facfo complainant iled l.A.Nos.3 and 4 of 2025 with the prayer to permit them to enter int,l compromise and by recording the settlement to quash the proceedings against the , petitioners/accused Nos.'l to 6 in C.C.No.5802 of 2022 2 .\ ltt./ l- l.Nrt.;..1 tud I o.l )0) i i:l.itt,i (t/-P.\0. li/i ) I ,il 't)) i 5 This Court vide otde-r dated 11.07.2025 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 18.07.2025 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 settlemenUcom promise

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

7. Having considered the allegations, the nature of charged offences I and taking into account the amicable settlement between the parties, in the light of the dictums in Gian Singh v. Sfate of Punjab and anotherl and Anit 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 proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr.P.C.l52B of BNSS, 2023, would be in the interest of justice. I2012 (10) SCC 303 ' 2024 INSc 189 I 2019 (5) scc 688 I --.1-.7 3 \ / li./ 1..J.,\a-r. j rnd I '' 't):, it; i 'tt;l '-.lr/-l'.\'0. 86) / t,' )r)li I B. Accordingly, l.A.Nos.3 and 4 of 2025 are allowed. Consequently, all the proceedirrgs rn C.C,No.5802 of 2022 on the file of the lll Additional Judicial Magistrate of First Class at Warangal, are hereby quashed against the petitioners/accused Nos.1 to 6 o ln the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed - A.PRATHIMA .) PUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The lV Additional Judicial First Class Magistrate at Warangal. 2. The Station House Officer, Subedari poliie Station, Waraigal District. 3. Two CCs to the Public Prosecutor, High Court for the State"oi fetangana at 4. One CC to Srr M.Anand Kumar. Advocate IOpUCI 5. One CC to Sri Swamy Botla, Advocate IOPUCI 6. Two CD Copies Hyderabad [OUT] NVBiPSL W- HIGH COURT DATED:01 t0812025 COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/And CRLP.No.8631 of 2025 ITSH1. ^,.3 \ ir) ttT ?ilfi a) ?5 \r. J;. \^ ..\... ,/ DISPOSING THE CRLP AND ALLOWING THE I.A.NOS.3 AND 4 OF 2025 0 \ ,a6fr' (c RrN{INAL MISC. PETTTION) (U/S.5}8€R+€,} BIFORIJ THE HONOURABLE HIGIT COURT OF TELENGANA e91U) el*t> l I AT: HYDBRAT}AD I.A No: of 2025 I}.I CRLP No.: of 2025 Il ct\\ eclr: l. Lakl<a l{ajendera Prasad S/o Lakka Saraiah Aged: -i2 years Occ: Pvt Service No 6-1-276/3 Padmalaonagar Secunderabad

2. I-akka Komala W/o l.akka Saraiah Agc'd; 50 years Occ: Flousewife

3. Lakka Saraiah s/o Lakka Sailu Aged: 55 l ears Occ: car driver Both R/o No 6-l-13312 padrnarao nogu., s..u$fSd.

4. Mrs Duvva Shirisha @ Sarika Wo Shiva kumar Agecl: 34 years Occ: housewife,

5. Duvva Shivakumar S/o Kumaraswamy' Aged: 40 years Occ: private service Both -l and 5 R/o London Both 4 and 5 are represented by their GPA holder Lakka Rajendera Prasad

6. Botla Veeraswamy S/o B.Bikshapathi Aged :48 years Occ: Govt Employee R/o H.No, 2-lO-773, Teachers Cotony Phase-,l, Waddepally, Hanumakonda, Warangal Dist. $?d,r., e">- I /_ etitioners/ *)* C sedlto6 4 @p* '4y I ,TU ) ANI) 1 ) Statc o1' l e Ie ngatra I{cP hr l'trl'ii,. l't,rsg1111,'1 . lligh ('ourr o1' l.'lcngana. []]'deralrail. 2) Nlrs l.al<1..:r 1,i Ihippalaboina Sorvtn;'a rv/o Lakka Raiendra prasad l)/o I(rishna ,\gcd; 27 I cars Occ: IIouservilc tw-/o 1-ll5/1 . I-\\iurcl Zarl'lcrgaclh. Jaagaon District ... Respondents ,totN'r' col\{t'ltoi\'IlsE MENI0

1. lt is subr:nitiecl that on a conrplairrt lodged by Second Respondentwith the WPS 2 Warangal they registered Crime No.1 o1'2022 dated3-L- 2022 agair.rst the Petitioncrs herein fbr the offence alleged U/s. 498-4 IPC,3,4 I)Pr\ .,\ct._Latel on the police liled charge sheet which was taken on litc b1 the learned III A.ddl Judicial Magistrate of First class r,varangal and nrrmbered as CC no; 5802 of 2022.

2. It is submittcd that the issuc is rnarital discord betrveen the first petitioner and thc second respondent. Duling tl-re pendency of the said cases the petitioner No;1 and the second respondent h;we settled the issue amicabll' betweerl thern by deciding to paft ways mutually and they havo entered into a MOU dated 51712025 agreeing on some terms and conditions. I hey have agreecl to dissolve their marriage dated 14- 2-2020 on mutual consent and the second respondent has L. I @@- /W*J-A,/' .l @r"a- "s ::3 :: agreed to withdraw the CC No; 5802 of 2022 without demanding any maintenancc or permanent alimony. Thc fir'st petitioner has tiled Divorce Ol) No: 165 of 2024 on the ground of cruelty against the second respondcnt and the parties herein have agreed to conveft the same into rnutual divorce OP.

3. It is submitted that since the oflbnces under the DP Act are non- courpoundable the parties herein have approached this Honorable Couft to quash the above crime on the basis of their compromise. It is therelorc played that this Honorable Court may be pleased to quash the proceedings in CC No; 5902 of 2022 of WPS 2 Warangal and pending on thc f-rle ol the Learned III Adll Judicial Magistrate of First Class Warangal in vicrv of the scttlement between the Petitioners and the Secor-rd Respondent here in and be pleased to pass such other order or orders as deenred fit and proper in thb interest ofjustice. L €e, o PETITIONER No: 2 p.-J ,1,Lt PEI'ITIONER No: -l @q- PETITIONERNo:6 by theil CPA holder Petitioner No I) Counsel for Resp t No.2 /lx-.1'* 0,"-*/ PETI'I'IONEII No: I &p." PETIl'IONEll No:3 fi; PETITIONEII No: 5 ' (Petitioners 4 and 5 reo A\--. Counscl fol Pctitioners {.s"u'ry4 RESPONDENT t\o 2 Hyderabad // Dared.( .7.202s