✦ High Court of India · 18 Feb 2025

The High Court · 2025

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Bench
Not available
Length
1,383 words

5. Cheekati Srinivas, S/o. Narsaiah, Occ. Pvt. Employee, Aged 39 years, R/o. Peddabonkur Village, Peddapally Mandal and Diskict. ...Petitioners/Accused Nos.1 to 5 AND 1 The State of Telangana, Rep. by its Public Prosecutor, High Court For the State of Telengana, At Hyderabad. 2 lttlrs. Kalvala Durgamma (Died), Wo. ltlallaiah, Aged 89 Years, R/o. Peddakalvala Village, Peddapally Mandal and District.

3. Mamidi Naveen Kumar, S/o. Kanakaiah, Aged 36 Years, R/o. H. No. 5-8, Rio Peddabonkur Village, Peddapally Mandal and District. ...Respondents/Complainant Cause Title is amended as per court order dated 26-11-2}24vide l.A.No. 5of 2O24 made in CRLP.No.l0614ot2024. Petition under Section 528 of BNSS Act, 2023 ptaying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR No. 151 of 2021 on the file of PS, Peddapally, Peddapally District. I I I i i I I l.A. NO: 1 OF 2024 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 giant stay of all further proceedings in FIR No. '151 of 2021 on the file of PS, Peddapally, Peddapally District. l.A. NOr 3 OF 2024 BETWEEN: 1 !lrs. Kalvala Durgamma (Died), Wo. Mattaiah, Aged 89 Years, R/o. Peddakalvala Village, Peddapally Mandal and Diatrict..

2. Ivlamidi Naveen Kumar, S/o. Kanakaiah, Aged 36 Years, R/o. H. No. S-8, R/o. Peddabonkur Village, Peddapally Mandal and District. ..Respondents/Complainant in lA.Nos.3 &4 ot 2024 AND

1. Karup.akala. Samgath Kumar @ Sampath, Sio. Kanukaiah, Aged 40 years, Occ. Agriculture, Rio. Peddabonkur Village, Peddapally Mandal and District. 2. Kalaven.a Shanker@Shankaraiah, S/o. Bhoomaiah, Aged 45 years, Occ. VRA, R/o. Peddabonkur Village, Peddapally Mandal andbistrict.

3. Kalvala Komuraiah, Sio. Mallaiah, Occ. Agriculture, Aged 50 years, R/o. Peddabonkur Village, Peddapally Mandal anii District.

4. Mittapalli lfrlg.lL S/o. tulittapatti Swamy, Occ. Pvt. Emptoyee, Aged 32 years, R/o.H.No. 1 -31, Peddabonkur Village, Peddapaily Manbal'anci District. 5 Cheekati Sriniv.as, S/o_. Narsaiah, Occ. Pvt. Employee, Aged 3g years, R/o. Peddabonkur Village, Peddapally tvtandal anO Didtriit. ... Petitioners/Accused Nos.1 to 5 in lA.Nos.3 &4 ot 2024

6. The State of Telangana, Rep. by its Public Prosecutor, High Court For the State of Telengana, At Hyderabhd. Respondents/Respondents in lA.Nos.3 &4 ol 2024 Petition under Section 359(6) of BNSS Act, 2023 praying that .in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be plea-sed to grant permission to file the present criminal petition seeking to quash the proceedings FIR No. '151 of 2021 on the file of pS Peddapally, Peddapally District, in view of the permission between the petitioners and the Respondent No,3, in the interest of Justice. I.A. NO: 4OF 2024 Petition under Section 359(2) of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to record the compromise and. to quash the proceedings in FIR No. 15112021 on the file of PS'Peddapatly, Peddapaily District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nimmaraboina Naveen, Advocate for the Petitioners and the Additional publc Prosecutor on behalf of the Respondent No.1 and of Sri Meghana Addla Suneel, Advocate for the Respondent No.3. The Court made the following: GOMMON ORDER HON'BLE SMT. JUSTICE JUWADI SRIDEVI LA.Nos.3 and 4 ol 2024 in/and CRIMINAL PETITION No.10614 of 2024 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos.1 to 5 to quash the proceedings against them in F.l.R.No.15'1 of 2021 of P.S. Peddapally, Peddapally District, registered for the offences punishable under Sections 420,468,471 o't IPC and Section 3(1Xg) of SCs/STs (POA) Act, 1989 (Amendment Acl201 5)

2. lt is submitted by learned counsel appearing for the petitioners as well as the respondent No.2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, l.A.Nos.3 and 4 of 2024 have been filed to record the compromise between them and to compound the offences.

3. Vide order dated 29.01.2025, this Court directed the parties along with their respective counsel to appear before the Secretary, High Courl Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report i I l 2

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted a report, dated 05.02.2025 and the same is placed on record.

5. ln view of the above, l.A.Nos.3 and 4 of 2O24 are allowed Consequently, this Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.1 to 5 in F.l.R.No.151 of 2021 of P.S. Peddapally, Peddapally District, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed To, ,,TRUE COPY// Sd,- K. AMMAJI ASSISTANT REGISTRATT SECTION OFFICER

1. 2. 3.

4. 5 6 7 +$iittil{l}fl il:#i'*ffi?:x.J,."t"r*h'rt'sst;';T"'ng'nu"'l +*:litf:::-'Jlg't s"*i""' committee' High court ror the state or l?:Uii!i!'!,.di:rru;*liiliT.l,'"x'i['lJ"'?,''/ one CC to Sri Meghana nt Two CD CoPies ADK w Along with a copy of Joint Memo of Compromlse ,----,---€':__ 4 HIGH COURT DATED:1810212025 COMMON ORDER l.A.Nos.3 and 4 of 2024 ln/and CRLP.No.10614 of 2024 rir' 1t{ E STr\ [)-. ) o 0 6 i'ir. 2il25 f \. :' l * D€spn r(.u ALLOWING THE CRLP AND IA.NOS,3 & 4 OF 2024 ".fd \o #- IN THE HIGH COURT FOR THtr STATE OF'TtrLANGANA AT HYDtrRABAD cRL. P. NO. oF 2024. (FIR No. tlt l2o2ton the file t*i'Jit"od"o^11y, peddapally Districr) BETIVEEN

1. Karupakala Sampath Kumar@Sampath, S/o. Kanukaiah, Aged 40.Years, Occ. agriculture, Rfo. peddabonkur Village, Peddapally Mandal and District.

2. Kalave na Sh arr ker@S'hankaraia h, S /o. Bhoomaiah, Aged 45 Years, Occ VRA, R/o. peddabonkur Village, Peddapally Mandal and Eistrict.

3. Kaivala Komuraiah, S/o. Mallaiah, Aged 50 Years, R/o. Peddabonkur Village, Peddapally Mandal arrd District.

4. Mittapalli Naresh, S/o. Narsaiah, Aged 30 Years, R/o. Peddabonkur Village, Peddapally Mandal and District.

5. Cheekati Srinivas, S/o. Narsaiah, Aged 39 years, R/o. Peddabonkur Village, Peddapally Mardal and District. ...PRTITIONtrRS/ACCUStrD No. 1 to S

1. The State of Telangana, AND Rep. by its Pubiic F.o*ecuto., High Court For tl're State of Telengana, At Hyderabad.

2. Mrs. Kalvala Durgermma (Died), W/o. I\4allaiah, Aged 89 Years, R/o. Peddakalvala Village, Peddapally Mandal and District.

3. Mamidi Naveen Kumar, S/o. Kanakaiah, Aged 36 Years, R/o. H. No. 5-8, R/o. Peddabonkur Village, peddapally Mandal and District. ....RtrSPONDENTS/COMPLAINANT JOINT MEMO FILED BY TH E PETITIONERS AN D RESPONDEI{T IgO 3. 1.It is submitted that basing on the Complaint given by tlne 2,a Respondent herein, before the PS peddapa-Ily, peddapally District, _-,_..-_.iiii.<l:-,.!r : / a against the Petitioners herein, in FIR No. 151/202 1 on the nr" ,, O$# Peddapally, Peddapally District. The petitioners herein is arrayed as Accused no 1 to 5, in the said case.

2.It is submitted that during the pendency of the said case, with the ln[e rvention of the elders and well wishers, the matter has been compromised by the both the parties and the 3.d Respondent herein has decided to withdraw the said case, filed by her against the Pe ti cioners. 3' Inview of the above, it is therefore prayed that this Hon,bie court may be pleased to record the compromise ald to quash thc procecdings FIR No. 757/ 2O2l on the file of pS peddapally, peddapally District. RESPONDE TNO.3 E-g^"Le PETITIONtrR No.1 E 4Li(f PEI'ITIONER No. 2 Bt.Ur"rrJ PtrTITIONtrR No .) PETITIONTR No. 4 cLr"tu^' S;,<nl PETITIONER No. 5 C U i\U^r trrrrrdNERS RP COUNSEL FOR RtrSPONDENT NO.3 I

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