✦ High Court of India · 10 Sep 2025

The High Court · 2025

Case Details High Court of India · 10 Sep 2025
Court
High Court of India
Decided
10 Sep 2025
Bench
Not available
Length
1,664 words

The State of Telangana,, Rep by its Public Prosecutor, High Court at Hyderabad. Eran Arun Kumar, S/o. Eran Kalesh kumar, Age. 26 yrs, Occ. Private service, R/o. H.No. 1-2812, Harijana Basti, Madhapura, R.R Dist Presently residing at. Bhoiguda, Gandhi Nagar, Secunderabad, ...Respondents/Defacto ComplainanURespondents in l.A.No.3 of 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Crime No. 539 of 2025 of PS lVladhura Nagar on the file of Hon'ble XIV Additional Chief Judicial l\,4agistrate, at Nampally, Hyderabad against the Petitioner / Accused, in pursuance of the Oral Compromise as withdrawn, in the interest of justice. l.A NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in Crime No. 539 of 2025 of PS Madhura Nagar on the file of Hon'ble XIV Additional Chief Judicial {vlagistrate, at Nampally, Hyderabad against the Petitioner / Accused in the interest of justice pending disposal of the main criminal petition -.,:1+r.,:.i*f l.A.Nos.3 a^d 4 ot 2025 l.A. NO: 3 OF 2025 Petition under Section 359(6) R/w 528 of BNSS praying that in the circumstances sta:ed in the lvlemorandum of Grounds o' lrirninal Petition, the High Court may be pleased to permlt the Petitioner tc, file the Compronrise Petition in view of the Compromise between the parties r connection with the Crime No. 539 of 2025 of PS Madhura Nagar on the file of l- on'ble XIV Additional Chief Judicial [,4agistrate, at Nampally, Hyderabad agarnst the petilioner / Accused for the offences under Section 110, 125(a), 281 3t\ls, 184, 185 N4V Act in the interest oI justice. l.A. NO: 4 OF 2025 Between: Eran Arun Kumar. S/o. Eran Kalesh kumar, Age. 26 yrs. Occ. private service, R/o. Bhoiguda, Gandhi Nagar, Secunderabad ... Petitic, ner/Res pon de nt No.2 AND 1 Banavath Anil Kumar, S/o B Srishailam, Age. 31 years, Occ. Asst. yglqS", at. Sagilite, Hi-tech City, R/o. H.No. 1-1-(,3zti|otA, Bapu Nagar, SR.Nagar, Ameerpet, Hyderabad, 2 The State of Telangana,, Rep by its Public Prosecutrrr High Court at Hyderabad .. Petit ion er/Ac c u sed ...Resgrondent/Complainant Petition under Section 359(6) R/w 528 of BNSS praying that in the circumstances stateC in the Memorandum of Grounds of rlriminal petition, the High Courl may be cleased to record the Compromise in thL. Crime No. 539 of 2025 oI PS lvladhura Nagar on the file of Hon'ble XIV Adc,itional Chief Judicial fr.4agistrate, at Nampally, Hyderabad for the offence under Section 1lO, 1ZS(a), 281 BNS, 184, 185 MV Act Against Petitioners against the Respondent /Accused, in the interest of justice This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing ihe arguments of Sri Khaja Araluddin, Advocate for the petitioner and Siri Jithender Rao Veeramalla, Additional Public Prosecutor on behatf of the Re:;pondent No.1 and none appeared for the Respondent No.2. The Court made the foltowing: COMMON ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA l.A.Nos.3 and 4 ol 2025 in/and CRIMINAL PETITION No.10446 of 2025 COMMON ORDER: 1. This Criminal Petition is filed under Section 528 of BNSS, 2023 seeking to quash the proceedings against the petitioner in Crime No.539 of 2025, on the file of Madhuranagar Police Station, Hyderabad, registered for the offences punishable under Sections 110,125(a),381 of BNS and Sections 184 and 185 of M V.Act

2. It is submitted by learned counsel for the petitioner as well as respondent No.2/defacto complainant that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I.A.Nos.3 and 4 of 2025 have been filed to record compromise between them and to compound the offences.

3. The learned Additional Public Prosecutor has opposed the compromise petition.

4. Since the parties were willing to enter into compromise, they were given a chance to settle the matter by appearing along with their respective counsel before the High Court Legal Services \ Cdrnmittee for the State of Telangana vlde orders dated 19.08.2025 a"' 2 . D, J Crlp 1Ma6 )02 5 passed by this 3ourt. The Secretary, High Court l-egal Services Committee shall identify the parties and submit a repc( to that effect

5. Pursuarrt to the above said direction issued by this Court. the parties along with their respective counsel have appr:erred before the High Court Legal Services Committee for the State o'-lelangana and the Secretary of the above said Authority identified the parties and submitted report dated 28.08.2025 stating that the parties were identified and they have willfully, without any coerci,)n, entered into compromrse

6. ln view of the above, l.A.Nos.3 and 4 of 2O',?.!i are allowed Consequently, the Criminal Petition is allowed and the proceedings in Crime No.539 of 2025, on the file of Madhuranaga- Police Station, Hyderabad, registered against the petitioner, are he.eby quashed subject to the petitioner paying an amount of Rs.5,tl00l (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad and Rs.5,0001 (Rupees Five Thousand Only) to the T,:langana State Legal Services Authority, Hyderabad, within a perird of two (02) weeks from today and file proof of same before the Rr:gistry 3 ETD, J (ilp 10146 2D5 7 Miscellaneous applications, if any pending, shall stand closed SD/. T. SRINIVASA REDDY ASSISTANT REGISTRAR i .t TION SEC OFFICER //TRUE COPY// To,

1. The XIV Additional Chief Judicial Magistrate, Nampally, Hyderabad 2. The Station House Officer, Madhura Nagar Police Station, Hyderabad 3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to Sri Khaja Arajuddin, Advocate [OPUC] 5. Two CD Copies AI]K Along with a copy of Joint Memo of Compromise Note: Total Amount of Rs. 10,0001 ( Rupees Ten thousand only ) has been paid by Sri Khala Arajuddin, Counsel for the Petitioner as directed by the Hon'ble Court vide order dated 10.09.2025 as Rs. 5,000^ ( Rupees Five thousand only ) to the "Director, Sainik Welfare Hyderabad, and Rs. 5,000/- ( Rupees Five thousand only ) to the High Court Legal Services Committee, High Cou( of Telangana at Hyderabad and filed Memo as proof of compliance USR No. 100572 of 2025 and Receipt No. 1631 dated 1O-O9-2O25. Rr HIGH COURT DATED: 1010912025 \ COMMON ORDER l.A.Nos.3 and 4 of 2025 ln/And CRLP.No.10446 of 2025 .-r. ..41:+ i'.' \ 17 )rii\j iffi a\) ALLOWING THE l.A..Nos.3 and 4 of 2025 AND THE CRIMINAL PETITION ts.d6tA F*' r i HIGH COURT FOR TI'IE STATE OF TELANGANA Crl. P. No. f oqq6or zozs I I i EFn LEEI']i BANAVATH ANIL KUMAR, S/o Banavath Srishailam, Age: 31 Years, Occ: Private service' R/o: H.No. 7-l-6371801A, BaPu Nagar' S R. Nagar, Ameerpet, HYderabad' 1). The State of Telangana, Rep by its Public Prosecutor, High Court at Hyderabad' 2). ERAN ARUN KUMAR, S/o: Eran Kalesh kumar, aae' )6 vrs. Occ: Private service, R/o: H.No. 1-28/2, Harijana Basti' MadhaPura, R.R Dist PresentlY residing at: Bhoiguda, Gandhi Nagar, Secunderabad' Petitioners/Accused AND Respondent/De-facto Complainant OINT MEMO FILED BY THE PETI ON R ND TH RE POND ENT NO.2 It is submitted that, the Respondent No'2 has lodged a complaint againstthe 1. Petitioner who is arrayed as Accused in Crime No 539 of 7025 of PS Madhura Nagar, Hyderabad for the offence under Section 110' t25(a)' 2Bl BNS' 184' 185 MV Act. Hence he requested to necessa,ry action as per law' It is submitted tnat, basing upon the complaint made by the Respondent 2. N0.2, the Respondent No'1 has registered a case against the Petitioner herein under Section 110, 125(a), 281 BNS' 184' 185 MV Act' 3,Itissubmittedthat,thePetitionerdeniestheentireStoryofprosecution. Later the Respondent No'2 / Defacto Complainant came with a conclusion to settle the matter with the petitioner amicably and intends to withdraw the present t F complaint against the Petitioner herein. Thus, out of his will ;nd wish without any coercion and undue influence he came forward to withdraw the said case against the Petitioner conditional ly.

4. In view of the settlement between both the parties anc r:ompromise, even if the trial takes place it vrill be futile hcnce it is imperative to i€)ek quashing of the same. Unless this Hon'ble Court Quash the Crime No. 539 of L',15 , otherwise both the parties will suffer l-eavy and irreparable loss and injury if the said Criminal proceedings are not cluashed and continuation of the sard crinrirral proceedings will become futile.

5. Therefore the above quash petition is being Filed to quasr the said Crime No. 539 of 2025 of PS Madhura Nagar, Hyderabad against the Peti .ioner. For the reasons statel above, it is therefore prayed that th s Hon'ble Court may be pleased to Quash the Crime No. 539 of 2025 of P.S Madhu.a Nagar, Hyderabad against the Petitioner /At:cused, in pursuance of the Compronrise as withdrawn, in the interest of justice anc pass such other order or orders as th s Hon'ble Court may deem fit and proper in th{l circumstances of the case. It is submitted thal, the Petitioner and the Respondent Nc..l has compromised the matter in connection with Crime No. 539 of 2025 of Pli Madhura Nagar, Hyderabad against the Accused, out of the Court and the Respordent No.2 does not want to prosecute the matter any further and to this effect a slparate compromise petition is also filed. Hence this Joint Me nro Counsel d nt No.2 Hyderabad Dt. 13-08-2025. Couns . Petitioner/Accused ERAN ARUN KUMAR /DEFACTO COMPLAINANT BANAV ANIL- I(UMAR /ACCUSED

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