High Court · 2025
Case Details
2. Smt. Jeedi Swetha, W/o Pittala Naresh, Age.- 28 years, Occ.-Housewife, R/o Golconda street, Medak town and District, Telangana. ...RESPONDENTS/DEFACTO COMPLAINANT Petition under Section 528 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 call for records relating to and in connection with C-C- No. 119 of 2024 pending before the Judicial First Class Magistrate, at Medak, and quash the same. l.A. NO: 2OF 2025 Between: Smt. Jeedi Swetha, Wo Pittala Naresh, Age.- 28 years, Occ.-Housewife, R/o Golconda street, Medak town and District, Telangana. PETITIONER/DEFACTO COMPLAINAN T AND '1 . The Statr: of Telangana, Represented by Public Prosecubr High Court at Hyderabad Through Medak town Police Station, Medak, Te,langana. RESPONDENT,'RESPONDENT
2. Pittala lndira. Vt//o Ramulu, Age. 52 years, Occ Househord, R/o H.No. 6-3- 16413191i.0, l)n:m Nagar, Khairtabad, Hyderabad.,
3. Narla Vijay l(rishna, S/o Prem Das, Age 38 years, Occ. Brrsiness, R/o H.No, 10-4-38/33 -lumayun Nagar, Asig Nagar, Hyderabad
4. Pittala l\4ahe:sh, S/o Ramulu, Age. 34 years, Occ. Businer;s, R/o H.No. 6-3- 1641319lr)0, r)r{r,n Nagar, Khairtabad, Hyderabad. ...RESPONDENT/ACCUSED NO.2 TO 4 Petition under Section 359(2) of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, thr: tligh Court may be pleased to recorcl the compromise in criminal case vide CC . N o. 1 1g of 2024 on the file of tfe Judicial First Class Magistrate, at Melarr, against the petitioners/accu serj No. 2lo 4, for the offence U/sec. 498-4 IPC ri'ru. sec. 3 and 4 of DP Act and qurrsh the same by allowing the present petitic,n and pass such other order or,lrdrlrs as this Hon'ble Court may deem fit and croper and in the circumstances of th -. :ase. l.A. NO: 1 OF 2025 Petition under Section 320(6) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, thr: l.igh Court may be pleased to perrr it the petitioner and the respondent No. 2 to compound the case in criminal crrse vide CC.No. 119 of 2024 on the file of thr: Judicial First Class Magistrate, at It,4edak for the offence U/sec. 498-4 IPC r/rv. r;ec. 3 and 4 of DP Act in view cl the settlement entered between the pr:tilioner and the respondent No 2 herein and pass such other order or order; z;rs this Hon,ble Court may deetn f t irnd proper and in the circumstances of thi; c;ase and in the interest of justice. l.A. NO: 1 OF 2024 Petition under Section 528 of Cr.P.C praying that in tire circumstances stated in the [\i]em:r;rrdum of Grounds of Criminal petition, the r I-ligh Court may be pleased to stay ol all further proceedings of C.C. No. 1 1g of 2024 pending before the Jud cial I: rst Class Magistrate, at Medak, pending ciisposai of the Criminal petition ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of criminal Petition and upon hearing the arguments of Mr. Md Sadath Hussain, Advocate for the Petitioner and Mr. Jithender Rao Veeramalla, learned Additiional Public Prosecutor on behalf of the Respondent No'1' Mr' Amer Nauman, Advocate for the Respondent No' 2' The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No.10298 OF 2024 COMMON ORDER This Crinrinal Petition is filed under Section 528 o" Bharatiya Nagarik Suriaksh:r Sanhita, 2023 (for short 'BNSS, l2t 2li'), seeking quashment of the proceedings in C.C. No.119 of 2024, on th,: file of the Judicial First Clas-., lr/lagistrate, Medak, against the petitioners
2. The petit c)nrlTs are arrayed as accused Nos.2 to 4 in tl^ e Calendar Case registered for the offences punishable under Section 4tlB-A of the lndian Penal CoCer, 1860 and Sections 3 and 4 of the Dora,ry prohibition Act, 1961 .
3. Heard l\,4r.1\4,l Sadath Hussain, learned counsel for tire petitioners, Mr.Jithender Re o Veeramalla, learned Additional Publir: :)rosecutor, representing the rr-.spondent No.1-State and Mr.Amer Naumiln, learned counsel for th e rr:soondent No.2/de-facto complainant.
4. Pending this gretitton, the parties have entered into the r compromise and, accordingly they moved l.A.Nos.1 and 2 of 2025 with the prayer to permit them to erter into compromise and by recording the se,tflement to quash the proceredings against the petitioners/accused Nos.2 to 4 in - .. C.C.No. 1 19 o1' 2C2,1 J I 2 N7&/
1.,.1.Nor1 antl 2 qf 2025 ;n/ azd Cr/.P.No.10298 0i2024
5. This Court vide order dated 04.03.2025 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 10.03.2025 stating that the parties are identified by their respective counsel and also on verification of Aadhar cards/ldentity cards and the enquiries reveal that the parties have willful 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 charged offences, which are essentially matrimonial and inter-personal in nature and taking into account the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and anothe/ and Anil Mishra v. State of lJ'P.2; State of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the consideied view that quashment of the impugned proceedings in view of the setilement by exercising jurisdiction under section 482 Cr.P.C.l52B of BNSS, 2023, would be in the interest of justice. I , | 2012 (1O) SCC 303 'z 2024 INSC 189 j 2019 (5) scc 688 ;<. 4a' a N7R,,I /. ,l.Na.,. I t'.i ) of 2025 in/ and ( 't. ).\ tl0298 of 2021
8. According)' lA.Nos-1 and 2 of 2025 areallowed. llorlsequently' all proceedings ir o c.No 119 of 2024, pending on the file cf the Judicial First Class [\,4agistrate, ttl'ledak, are hereby quashed ergainst the petitioners/accLIsie,l Nos.2 to 4. 9 ln the above terms, the Criminal Petition is disposed c'f Pending nr s,cellaneous applications, if any, shall stan I c;losed Sd/. MOHD. ISMAIL DEPUI'Y REGISTRAR I //TRUE COPY// SECTION L1 6(FICER I f To,
1. The Judicial F rst Class Magistrate, at Medak. 2. The Station -.1c,'se Officer, Medak police Station, Medak Dir;tri,:t 3. One CC [o l\,lr [r/d. Sadath Hussain, Advocate tOpUC] 4. One CC to Nlr. /\mer Nauman, Advocate tOpUCl 5 Two ccs to the pubric prosecutor, High court for the state (:,f rerangana at Hyderabad 'OLtTl
6. Two CD r)opies (Along with ;r Copv of Joint Memo of Compromise) Swli?SL .t._'-:-.,.'--::i@*!*'.:.n1:'_a-.'- HIGH COURT DATED: 1310312025 COMMON ORDER l.A.Nos.1and 2 of 2025 ln/And CRLP.No.1tl298 ot 2024 l.A.Nos.1 and 2 of 2025 ARE DISPOSED OFF, DISPOSING OF THE CRIMINAL PETITION -f F{ i: S l.i4 + 21 | .,y Zfrti o )€. ,. \s__ a t 4 / b t /1 € rN rr{E rrrcH.o*Irus,lflJ;xfrE oF TELANGANA Crl'P'No' 10298 OF 2024 BETWEEN: I .Pittala lndira' W/o Ramulu' ! ,,3j ::::,?ii,;#,",i] il# *.*^' Ii; ; Khairtabad' HYderabad'
2.Naria VijaY Krishna' s/c, Prem Das, Age:- 38 Years' #.1j;;,;;', fr/o H'No l o-4-r8/l' Humayun Nagar' Asig Nagar' Hyderabad' 1 Pitlala Mahesh, S/o P' Ramulu' [,; ;.,1:1,;11 l:il:#;; #il"ffi ^, Khairtabad, HYderabad AND 1 . The State ofTeiangana' Rep bY the Public Prosecutor iiilr-r b"ru ol Judicatr'Lrc at Hydcrubrd Foi tl-re state of Telangana' , ! I 'I 1 i ..Petitioners/Accused Nos 2 to 4 1't RespondenVState
2. Smt' Jeedi Swetha' W/o Pittala NareslL' Ase Aabout:-30 Years' 6i.,- ii"rt.*1r", R/o Golconda sreet' Medak town and Distrtct' Telangana . . .2nd respondent / Defacto Complainant OINT J ME MO FILEDONB RES EHALFOF PO N'D No.2 PE o .a May il please'.,,rrr. I lonour I 1 . The Petltior Lcr.s humbly submits that the Respondent No 2 is ihe legally wedded tr'- fe t,1 the P.Naresh. The maniage between the [' ]'aresh and Respondent -Io.: i ir-\ peribrmed on u'as performed on 20th day o1'Ju:re, 2022 at Dwaraka C ard:rrs N{cdak, District as per the rites atld custt lns of Hindu es end ii is Religion anl irL tl c presence of elders and well wishers frotn botl: 'ic an arranged ono 2 Aftel nrLt'r irtge, the P.Naresh and the respondent no.2 lir e I l 'gether few months;
3. Thereltie:.crne disputes arose between them and Lhc peLiliorels and thc rcspondent IIC . I ir.i,,r. lastly resided together at Ilyderabad , antL rhel ' have been living separrlell. :;ince more than 2 years i.e.. since Decernber' 2)22 h the month of Dec; I Llx'r, 2022, the Respondent No 2 went to hel paret L's .touse Sub.ccr rt lly after a series of discussions took placo at lhI irstigationof 4. the comnc,r r:lilL,r; Lrf both side, lhe fir'st and second partl liccp:ng in vier'v the future of thcrL :LErreed to forego ever:ything about the past atrl -estart their marital lile *i.1, tlre each other with the following tetms irnd cor,dilions which arc mentio,r,:rl i'r l,Iemorandum of Understanding, dated 16 t)2.2()25
5. That r,rtl' rtu l'jctitioners and the Respondent No.2 ha','e n -itu rlly agreed that they rcstiu t ; h:ir marital life and have reduced the same into \lt morandum of Understancirt:1 Dt.l6-02-2025. With the terms and condirii ns i'vhich are mentionecl in t r.: l.lemorandum of Understanding. I I i I I i i i f .
6. The P.Naresir (husband) &Respondent No 2 have agr marital life by living togethor' as st't"h the the abovc caso may be quashed '' '' ' ' ,r. ,, against the Petitioners eed to restart their '''i ' ' r '^ -^^t'rr their marital life with the terms and "H"il'",11';t..- or understandin g Dt' 14'02'2025 dnd the :"^r*::Iiff Respondent No'2 and her parents agreed for the same' 8. The Respondent no 2 and petitioners both the parties agteed to withdraw all cases frled against each other before the concemed court or otherwise before the Lok Adalat 9 C.C.No.119 of 2024 ort The ResPondent no-2 hled a criminal case I'e ' against thc P Naresh and the file of Judicial First Class Magisffate, at Medak' his family members/ Petitioner Nos 2 tq '4 And agreed to withdraw all cases'
10. The Respondent No 2 agreed to withdraw all the pending cases against the Petitioners and his family members' Both the parties agreed that they will withdraw all cases against each other' Hence, it is prayed that the Hon'b1e Court may be pleased to quash the proceedings in C C No' tD on 2OZa on the file of Hon'ble Judicial First Class "":;; Magistrate, at Medak' "*"'*t ;;;r* between the petitio"t" u"O '"f ondenVclefacto complainant' in the interest ofjustice' *" no*":""'".":':::,, Y;Jil:J: IPc BJw' Sec 3 & 4 of DP Act ' in vtew ' ^ Place : HYderabad' Date :23-02-2025 Petitloner Acc sed No 3 .'? 2oad Petitioner/Accused No 2 \N^\ Petitibner/Accused No'4 Respo ) No. l,/ [)e acto complainanl () {n Counsel flr' Pctitioners Counsel for Responden -. -- -1 e? :h col-rplainant