Heard Mr.Amancharla v. Gopala Rao
Case Details
Acts & Sections
Cited in this judgment
2. M/s.Visaka lndusttries. Ltd, Rep by its authorized Signatory and Law Officer, Sri R. Raj3nikath-S19. V^a1ad3raluiu, Aged about 3't-years,-Occ. Law Officer, Office at Plot No.69/3, S.P. Road, Sec-underabad ... DEFACTO COMPLAINANT /RESPONDENT 3. S.ri Tejas Vasanthlal Gandhi, S/o. Sri Gandhi Aged about 45 years, Occ. Area Manager, Visaka lndustries Ltd., at Kadodara, Gujarat State'
4. Sri Dhiraj Dinesh Dutt Sharma, S/o. Dinesh Dutt Balaram Sharma Aqed about !0 yeap-, Occ. Senior Depot ln Charge, Visaka lndustries Ltd., at Ka?odara, Gujarat State (rormarp".ti""noi'I"E"s"P"3}#t}#t'r:ilff "Xi Petition under Section 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 quash the proceedings in CC No.392 of 2019 on the file of the Court of the XXll Additional Chief Metropolitan Magistrate, Secunderabad, against the Petitioner/Accused 3. l.A. NO: 1OF 2024 Between: D.S.Daunkar, S/o- Somba Daunkar, Aged about 60 years, Occ. private Service, E/q, El"! No.2, Stit Floor, Gute Nagar, WAsddoan-Sinhgad Road, Pune41 1 041, Maharastra .,.PETITIONER/ACCUSED NO.3 AND The State of Telangana, Through its Public Prosecutor, High Court of Telangana at Hyderabad !l{s,-Viy!a Industtries Ltd, Rep by its authorized Signatory and Law Officer, Sri R. Rajlrnikath S/o. Varadarajuiu, Aged about 31-years, Occ. Law Officer, Office at Plot No.69/3, S.P Roa-d, Secunderabad ... DEFACTO COMPLAINANT /RESPONDENT Sri Tejas Vasanthlal Gandhi, S/o. Sri Gandhi Aged about 45 years, Occ. Area Manager, Visaka lndustries Ltd., at Kadodara, Gujarat State' Sri Dhiraj Dinestr Dutt Sharma, S/o. Dinesh Dutt Balaram Sharma Aged about !0.yeap. Occ. Senior Depot ln Charge, Visaka lndustries Ltd., at Ka?odara, Gujarat State z .) 4 (f ormarp".ti""nornE"sl"?Il"=TJ?lt'lr3lfl Ai Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lVlemorandum of Ground-s of Criminal Petition, the.High Court_may be pleased to grant stay of all further proceedings in CC No. 392 of 2018 on the filebf the Court of the XXll Additional Chief Metropolitan Magistrate, Secunderabad includinq the qppearance of the petitioner/Accused 3 till the disposal of the -main Quash Petition l.A. NO: 1OF 2025 Between: '1 M/s.Visaka lndusttries. Ltd, Rep by its authorized Signatory and Law Officer, V-aradarajuiu, Aged about 3.1-years, Occ. Law Officer, Sri R Raj_anikath Office at Plot No.69i3, S.P. Roa'd, Secunderabad -S/o- ,...DEFACTO COMPLAINANT / RESPONOENT AND 1 D S Daunl<ar, Sio. Somba. Daunkar, Aged about 60 years, Occ. private Service, R/o. Flat No.2, Stit Floor, Gule- Nagar, WAsddoan-Sinhgad Road, Pune-4'1 1 041, Maharastra ....RESPONDENT / PETITIONERYACCUSED NO.3
2. The State of .Telangana, Through its Public prosecutor, High Court of I elangana at Hyderabad AND ....RESPONDENT / RESPONDENT 3. Sri Tejas Vasanthlal Gandhi. Sio Sri Gandhi Aqed about 45 vears. Occ. Area Manager. Visaka lndustries Ltd., at Kadodara, Gujarat State ' 4 Sri Dhirai Dinesh Dutt Sharma, S/o. Dinesh Dutt Balaram Sharma Aged about 40 years, Occ. Senior Depot ln Charge, Visaka lndustries Ltd., at Kadodara, Gujarat State ,. RESPONDENTS / RESPONDENTS/A1 AND A2 (formal parties not necessary to the petition) I Petition under Section 528 of BNSS praying that in the circumstances stated in the Affidavit the High Court may be pleased to Quash the CC No. 392 file of XXll Additional Chief Metropolitan Magistrate, Secunderabad by recording the setllement between the parties. the Court of 2019 on This Petition coming on for hearhg, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Amancharla V.Gopala Rao, Advocate for the Petitioner and Mr. Jithender Rao Veeramalla, Additional Public Prosecutor, High Court for the State of Telangana, Hyderabad on behalf of the State/Respondent No.1. and of Mr. A.Chakri Pranay, Advocate for the Respondent No.2/ Defacto Complinant. The Court made the following: COMMON ORDER: THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.No.1 OF 2025 ln/And CRIM INAL PETITION No.10174 OF 2024 COMMON ORDER This Criminal Petition is filed under Section 482 ot Cr'P.C seeking quashment of the proceedings against the petitioner in C C.No.392 of 2019 on the file of XXll Additional Chief Metropolitan Magistrate, Secunderabad.
2. The petitioner is arrayed as accused No.3 in C.C.No.392 of 2019 registered for the offences punishable under Sections 408' 420, 12OB' 424 and 477 ot lndian Penal Code, '1860.
3. Heard Mr.Amancharla V. Gopala Rao, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.'l-State and Sri A Chakri Pranay, learned counsel for the respondent No.2/de-facto complainant.
4. Pending this petition, l.A.No.1 of 2025 is filed with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioner/accused No.3 in C.C.No.392 ot 2019. 2 N /8,./r '' I..4.No.l of 2025 in/ and CrLP.No.10l71 of 2024
5. This Court vide otdet dated 09.06.2025 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 16.06.2025 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 settlemenUcompromise.
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 and to restore peace betvveen the parties, in the light of the dictums in Gian Singh v. Sfate of Punjab and anotherl and Anit Mishra v. State of lJ.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 settlement by exercising jurisdiction under Section 482 Cr.P.C.l528 of BNSS, 2023, would be in the interest of t I justice. | 2012 (10) SCC 303 'Z 2024 INSC 189 3 2019 (5) scc 688 3 r\rrR,rr
1..4.No./ of 2025 in/ and Cr/.P.N0.10171 0J2021
8. Accordingly, l.A.No.1 of 2025 is allowed. Consequently, all the proceedings in C.C No 392 of 2019 on the file of XXll Additional Chief Metropolitan Magistrate, Secunderabad, are hereby quashed against the petitioner/accused No.3.
9. ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed. I To, SD/-A.SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The XXll Additional Chief Metropolitan Magistrate, Secunderabad.. 2. The Station House Officer, Ramgopalpet Police Station, Hyderabad. 3. One CC to Sri.Amancharla V Gopala Rao, Advocate [OPUC] 4. One CC to Sri.A Chakri Pranay, Advocate [OPUC] 5. One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT] 6. Two CD Copies. PSK /PSL HIGH COURT DATED:2410612025 COMMON ORDER I.A.NO.1 0F 2025 rN/ AND CRLP.No.10174 o12024 ,.-.: ^!l /, ,/,; , ;_ .; 6 29 JlJt zffi ;I J a) '/t ,',.. . \ ALLOWING I.A.NO.1 OF 2025 AND DISPOSED OF THE CRIMINAL PETITION 2(