✦ High Court of India · 06 Aug 2025

The High Court · 2025

Case Details High Court of India · 06 Aug 2025
Court
High Court of India
Decided
06 Aug 2025
Length
1,595 words

3 The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad. Petition under Section 528 of BNSS praying that in the circumstances stated in the ft/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings in C.C.No.128 of 2014 on the file of the Junior Civil Judge cum Judicial Magistrate Of First Class At. Kodangal. ...RESPONDENTS l.A. NO: 1 OF 2025 Petition under Section 482 of 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 all further proceedings in C.C.No. 128 o'f 2014 on the file of the Junior Civil Judge cum Judicial Magistrate of First Class At. Kodangal including appearance of the petitioners in pending disposal of the Criminal Petition. l.A. NO: 2 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 be pleased to permit the petitioners to compromise with Respondent No. 1/Defacto complainant herein. l.A. NO: 3 OF 2025 Between:

1. Venkat Ragh; Ramulu, S/o Narsimhulu , Age 62 years, Occ. Advocate, R/o Balajinagar. Kodangal. Vikarabad Dist Now R/o H. No.'16-9-640/6/1, Old Malakpet Hyderabad.

2. Sirusani Chandraiah, S/o Papaiah, Age 57 years, Occ. Govt. Teacher, R/o Tandur, Vikarabad Dist. .,,PETITIONERS/DEFACTO COMPLAINANT AND

1. Hakeem Praneeth, S/o Balara.j. Age 19 years, Occ- Student, R/o H.No.11-44, Balajinagar. Kodanal, Vikarabad Dist.

2. Hakeem Balraj. S/o Balaiah Age 49 years, Occ. Govt Teacher, Rlo 11-44, Balajinagar. Kodangal, Vikarabad Dist.

3. Hakeem Ravi Kiran, S/o Balram, Age 23 years, Occ- Business, R/o H.No. '1 1- 44, Balajinagar. Kodangal, Vikarabad Dist.

4. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad. ...RESPONDENTS Petition unde,r Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record compromise by quash the proceedings in C.C.No. 128 of 2014 on the file of the Junior Civil Judge cum Judicial Magistrate Of First Class At. Kodangal This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nambi Krishna, Advocate for the Petitioner, Public Prosecutor on behalf of the Respondent No. 3 and of Sri Godugu Mallesham, Advocate for the Respondent Nos. 1 and 2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI I.A.Nos.2 and 3 OF 2025 in/an d CRIMINAL PETITION No.8838 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 3 in C.C.No.128 of 2O14 on the file of the Junior Civil Judge-cum-Judicial [\4agistrate of First Class at Kondangal.

2. The petitioners are arrayed as accused Nos.1 to 3 in the Calendar Case registerecl for the offences punishable under Sections 325,324, 427 rlw 34 of lndian Penal Code.

3. Heard Sri Nambi Krishna, learned counsel for the petitioners/accused Nos.1 to 3, Sri Godugu Mallesham learned counsel for the respondent Nos. 1 & 2.

4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent Nos.1 and 2 filed l.A.Nos.2 and 3 o'f 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 3 in C.C.No.128 of 2014. 2 ^rr&/ lA.Not2 aad I of 2025 in/ aad CrLP.No. 8$8 of 2025

5. This Court vide ordet dated 16.07.2025 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 30.07.2025 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 settlemenVcompromise

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 and taking into account the amicable settlement between the parties, in the light of the dictums in Gian Singh v. State of Punjab and anotherl and Anil Mishra v. State of lJ.P.2i 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. | 2012 (1o) scc 303 2 202+ INSC te9 3 2org (s) scc ogg --- 3 N7R,/ I.A.Not.Z and ) of 2025 it/ xnd Crl.P.No. 88)8 of 2025 B. Accordingly, r.A.Nos.2 and 3 of 2o2s are afiowed. consequentry, all the proceedings in c.c.No.128 of zo14 on the file of the Junior civil Judge-cum-Judiciar Magistrate of First crass, Kodangar, are hereby quashed against the petitioners/accused Nos.1 to 3. o ln the above terms, the Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed SD/- AHMED ABDULLA KHAN ASSISIANT REGISTRAR I >-----1 ,TRUE COPY// S CTION OFFICER To,

1. The Junior Civil Judge-cum-Judicial Magistrate of First Class at Kodangal 2. The Station House Officer, Kodangal Police Station, Mahabubnagar District. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to Sri Nambi Krishna, Advocate IOPUC] 5. One CC to Sri Godugu Mallesham, Advocate IOPUCI 6. Two CD Copies (Along with a copy of Joint Memo of Compromise) VH/PSI, (3 HIGH COURT DATED: 06/08/2025 i r{E t;,.1, rJ3 (- <)^ -l ) 2 0 0[I 295 * !)€ {-: nr-;6 rfE-! f' .i 4'/./ COMMON ORDER I.A. NOs: 2 AND 3 OF 2025 IN/AND CRLP.No.8838 of 2025 ALLOWING'THE l.A. NOs: 2 and 3 of 2025 IN/ANI) DISPOSING OF THE CRLP.No.8838 of 2025 \ IN THE HIGH COURT OF JUDICATURE FORTHE STATE OF TTILANGANA AT. HYDERABAD Crl. Petition No. W:f t28 C.C.No. of 2025 ol 2014 (on the file of the l-lon,ble Junior Civil Judge curn Judicial Magistrate Of First Class At. Kodangal) Between: 1) Hakeem Praneeth S/o Balaraj,, age l9 years, Occ: Student, R/o H.No. 1 I -44, Balajinagar, Kodangal, Vikarabad Dist. 2) Hakeem Balraj S/o Balaiah, age 49 years, Occ: Govt Teaoher, No ll-44, Balajinagar, Kodangal, Vikarabad Dist. 3) Hakeem Ravi I(ilan S/o Balranr, age 23 years, Occ: Business, R/o FI.No. 1l-44, Balajinagar, Kodangal, Vikarabad Dist .. Petitioners/ Accused No.i to 3 AND L Venkat Raghu Ramulu Sio Narsimhulu, age 62 years, Occ: Advocate, R/o Balajinagar, I(odangal, Vikarabad Dist Now R/o H.No.16-9-640/6/1, Old Nlalakpet l{yderabad.

2.Sirusani Chandraiah S/o Papaiah, age 57 years, Occ: Govt Teacher, R/o Tandur, Vikarabad Dist

3. The State of Telangana., rep. by its Public Prosecutor, High Court of Telangana, Hyderabad ....Responde.nts t i.\'P \$ JOIN'I'\{E N{O FTLED BY THE BOTH I''\RTIES It is submitted that on the basis of the complaint lodged by the 1) rcspondent No. l/defacto complainant, the SHO Koclangal registered crime No.t06 ol 2013 against the petitioners/accuscd under section .; ! [t submit that due to intervention of well wishe rs and elders ol'

324.427 of- lP(' . 2) both fanrilies have compromise the disputes betweetr the petitioners and Respondent No. l and we both are complornised and the Respondent No. I have decided to withdrawn the said complaint which madc against the petitioners and the same was lodged before the police ol the respondent No.2 vide Crime No.l 06/2013 trs ll4. 427 ollPC. Station House Officer, Kodangal. l lt is t-u rther submitted that the petitioners /accused has fl led the 3 ) above stated quash petition in Cr:ime.No. 106 of 2013 on the flle of_the Station House Officer, Kodangal pending the sanrc, dr"re to the ir. intervention of the elders ol respondent No.l and thc petitioners, the Respondent No.1 voluntarily approached without any coercion ofany - lr body and conrprornised the matter with the Petitioners and entered in to memorandum of understating. ln pursuance of *" ioii ..'.. compromise, the Respondent No.1/Defacto Complainant hcrein has no objection to allow the above said quash petitiorl by Quash the proceedings in Cl.C.No. 128 of 2014 on the file of rhe l{on,ble Juni6r: Civil Judge cr-rrn Juclicial Magistrate Of First Class At. Kodangal arid the defacto cornplair-rt want to withdraw the said complaint in viewlo.f , i| the comprornise. He.nce this compromise metro. @ JlV \i a): ri.,C)- \\S,i-----;t \s, ruq I I i I I Petitioner No. 1 (lotrnse of Petitioners *-rw\-{ Iretitioner No.2 t,.@.\G'9- Petitioner No.3 \N,\ NI\il 1/ D Respondent elhcto conrplaint s Itesp o.2/ Victim €"t\e\-& - Counsel for defacto complaint

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