The High Court · 2025
Case Details
Acts & Sections
The State of Telangana, Rep.by its Public prosecutor, High Court of Telangana at Hyderabad. ...Respondent No.1/Complainant in CRLp and lA.No.1 OF 2O2S 2 Poonam, Kapoor, Wo. Monty Kapoor Age-40 years, Occ- Volunteer in NGO H.No.2-2-185156/64, Somasunder Nagar Bagh Amberpet, Hyderabad. ...Respondent No2/De facto Complainant in CRLp and lA.No.1 OF 2O2S Petition under Section 528 of BNSS, 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 quash the proceedings in C.C.No.7391 ol 2022 which is on the file of lv Additional chief Metropolitan Magistrate, Hyderabad against the petitioner herein in the interest of justice. l.A. NO: 2 OF 2024 Petition under Section 482 of Cr P.C u/s. 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the !!Sn Cgurt may be pleased to grant stay of all further proceedings in C.C.No. 7391 of 2022 which is on the file of lV Additional chief Metropolitan Magistrate, Hyderabad against the petitioner including the presence before the coicerned court pending disposal of the present Criminal petition. l.A. NO: 1 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 accord permission to compromise the above cases on c.c No 7 391/2022pend ing on the file of lV Additional chief Judicial Magistrate, Nampally, Hyderabad. l.A NO: 2 OF 2025 BETWEEN: Poonam Kapoor, Wo. Monty Kapoor Age-40 Years, Occ- Volunteer in NGO n.uo z-z-t tiSls6/6A, Somasunddr Nagar Bagh Amberpet. Hyderabad. ..Petitioner/De facto Complainant AND 1 2 The State of Telangana, Rep by its Public Prosecutor, High Court of Telangana at Hyderabad. Prem Kumar Sudarangani, S/o. Vas Dev Age-39 Years, Occ- Business R/o Necklace Pride, Flat N6.1103 Kavadiguda Hyderabad. ... Res Po n d enUAcc used ... Respondent Petition under 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 comprdmise and quash the impugn crime proceedings in cc.No.739.1 of 2022 which is pending on the file of lV Additional chief Metropolitan Magistrate Hyderabad and drop all consequential proceedings in the interest of .iustice. Thrs Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S.M.Saifullah, Advocate for the Petitioner and the sri Jithender Rao veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and of Sri Rajender Khanna, Advocate for the Respondent No.2 The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No. 9892 OF 2024 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023') seeking quashment of the proceedings against the petitioner in C.C.No.7391 of 2022 ot lV Additional Chief Metropolitan Magistrate, Hyderabad.
2. The petitioner is arrayed as accused in Cr.No'277 oI 2O2O registered for the offence punishable under section 354-D of the lndian Penal Code, 1860
3. Heard Mr.S.M.Saifullah, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Mr.Rajender Khanna, learned counsel for the respondent No.2/de-facto complainant'
4. Pending this petition, the parties have entered into the compromise and, accordingly, respondenl No.2lde-facfo complainant filed l'A'Nos'1 and 2 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioneriaccused in Crime No.277 of 2O2O' L 2 \ r\"7R,r)r. I-4 Not.l and 2 of2025 in/ atd Cr/.P.N0.9892 of 2021
5. This court vide otder dated 01.05.2025 referred the parties to the High court Legar Services committee for identification and to verify the voluntariness in arriving the setaement. The secretary, High court Legar Services committee, has submitted report dated 24.06.2o2s stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/ldenfity cards and the enquiries reveared that the parties have wirfury and without coercion entered into settlemenVcomprom ise. 6 I have considered the submissions of the learned counsel and perused the materials on record. T Having considered the aregations, the nature of charged offences and taking into account the amicabre settrement between the parties and to restore peace between the parties, in the light of the dictums in Gian singh v. sfafe of punjab and anotherl and Anit Mishra v. state of U.P.2; State of Madhya pradesh v. Laxmi Narayan and ofhers3, this Court is of the considered view that quashment of the impugned proceedings in view of the settement by exercising jurisdiction under Section 4BZ Cr.p.C.lS28 of BNSS, 2023, would be in the interest of Justice '20t2 (to) scc 303 ' 2024 INSC 189 - 2019 (s) scc 688 J NIR,/ IA.Nos.l aad 2 of 2025 in/ a Cr/-P.N0.9892 o[ 2024 B. Accordingly, l.A.Nos.1 and 2 oI 2025 are allowed. Consequently, all the proceedings in c.c.No.7391 of 2022 of lV Additional chief tvletropolitan Magistrate, Hyderabad, are hereby quashed against the petitioner/accused.
9. ln the above terms, the Criminal Petition is disposed of' Pending miscellaneous applications, if any, shall stand closed To, sD/- AHMED ABDULLA KHAN SSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The lV Additional chief Metropolitan Magistrate at Nampally, Hyderabad' , i# bi;tffi ioriJottl""i, Arhuerpet Po'iice station' Hvderabad' 5 ii,ii, "i6'r t" in"Jpi,urlC piljJdiiit"il ilgri C"urt ror the state or relangana at a i:I,!"cCiJ Sri . ^. ; il;;d i; s;i na;enoer Khanna, Advocate [oPUC] 6. Two CD CoPies illt s"itrttrn, Advocate [o P u-c^]^. Hvderabad [OUT] -s. NVBiPSL q lL ( t\ \ C ) 2 g J L| 202r \ .:. -i- ,.i .\ \ (:\ -.-. \ i ):l ,,' i/ HIGH COURT DATED:02107 t2025 COMMON ORDER I.A.Nos.1 AND 2 OF 2025 ln/And CRLP.No.9892 of 2024 DISPOSING OF THE CRLP AND ALLOWING THE lA.Nos.l &2OF2025 O)t'{'--d W-