The High Court · 2025

Petition under section 528 of BNSs praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in cc No. 10775 of 2022 pending on the file.of ih" Luurn"d l Sth Addt Chief Metropolitan lr.4agistrate Hyderabad in view of the settlement between the Petitroners and the second Respondent here ln and be pleased. l.A. NO: 2 OF 2025 Between: Mrs.Bhavitha, Wo Kotha Mahesh Aged 25 years Occ. Household Fl/o 10-5- 81 1/1 Nandan nagar Tukaramgate Secunderabad ... Petitioner/ResPond net No. 2 AND

1. State of Telengana, Rep by Public Prosecutor, High Ct urt of Telengana, Hyderabad.

2. Kotha Maheslr, S/o Kotha Shankar, Aged.26 years O ;c. Software enrployee, R/o 7-'l Pedda bheemgal Bheemgal Buzrug Nizamaba'l fjstrict 503 307 3. [,4 rs Kotha Nirmala. w/o Kotha Shankar Aged, 53 years C)cc. 'lousewife 4 Kotha Shankar, S/o late K.Lachaiah Aged, 56 years 3cc. Business R/o 7-'l Pedda bheen'gal Bheemgal Buzrug Nizamabad Distric tt03 307 ...Respondents Petition under Section 359(6) of BNSS praying tha n the ctrcumstances stated in the tr,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petition er/De'facto complainant and A-' to r\-3 to compound the offences in CC No, 10775 of 2022 pending on the file of the Learned 15th Addl Chief Metropolitan \.4agistrate Hyderabad in view of the s lttlemenl between the Petitioners and the Second Respondent herein l.A. NO: 3 OF 2025 Petition urrder Section 359(2) of BNSS praying tha n the circurnstances stated n the N4ernorandum of Grounds of Criminal Petition, the High Court may be pleased to record t:e compromise between the parties herein and to rluash CC No. 10775 oI 2022 beFore the learned 15th Addl Chief Nletrop'llitan l'4agistrate Hyderabad in view o[ the settlement between the Petit cners and the Second Respondent herr: in and be pleased. This Petitron coming on for hearing, upon perusintl the l\ilemorandum of Grounds of Crirninal Petition and upon hearing the argrlnrents of Sri G Ravi Chandran, Advocal: for the Petitioners and the Addrtiona l)ubl c Prosecutor on behalf of the Res,po.rdent I'lo 1 and of none appeared for the: llespondent No 2. The Court made the following: ORDER ! I ! I i i I I I THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA l.A.Nos.2 and 3 of 2025 in/and CRIMINAL PETITION No.10594 of 2025 COMMON ORDER 1. This Criminal Petition is filed under Section 528 of BNSS, 2023 seeking to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.10775 of 2022, on the file of the learned XV Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 498(4), 506, 509 read with 34 of IPC and Sections 4 & 6 of Dowry Prohibition Act.

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

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 ,\espEctive counsel before the High Court Legal Services I I 2 ETO,] :r.2 No.10594_2025 Committee for the State of Telangana vrde orders dated 20.08.2025 passed by this Court. The Secretary, High Court l-egal Services Committee shall identify the parties and submit a report to that effect

5. Pursuant to the above said direction issued by this Court, the parties along with their respective counsel have appr:ared before the High Court Legal Services Committee for the State of Ielangana and the Secretary of the above said Authority identified the parties and submitted report dated 01.09.2025 stating that tire: parties were identified and they have willfully, without any coercion, entered into com prom rse

6. ln view of the above, LA Nos.2 and 3 of 2025 are allowed Consequently the Criminal Petition is allowed and :he proceedings in C.C,No.10775 of 2022, on the file of the learnel XV Additional Chief Metropolitan Magistrate, Hyderabad, registe'erd against the petitioners are hereby quashed subject to the petitir>ners paying an amount of Rs.5,000/- (Rupees Five Thousand Only) to the Telangana High Court Bar Association and Rs.5,00C,/- (Rupees Five Thousand Only) to the Telangana State Legal Services Authority, Hyderabad, within a period of two (02) weeks fronr today and file proof of same before the Registry 3 EIO,I Cn P.No.r0S94 Z02t 7 . Miscellaneous applications, if any pending, shall stand closed. Sd/. B. REKHA RANI ASSI-SiANTREGISTRAR,/ I srcrtdllbrrrcre //TRUE COPY// I I ! To 1 The XV Additional Chief lvletropolitan Magistrate at Hvderabad ? rhe station uo"" oni""ll'w"dJr'ii-,rtn ZJn" e"r'""-siation' Hvderabad 3 Two CCs to tne puoric "P-ro#'t"tot' Si't" of Telangana' High Court Buildings' . "ci""'38I"lil o-nivi chandran' Advocate IoPUC] 5. Two CD CoPies at Hvderabad (OUT) 1"nltor"j a coPY of Joint memo) '-tJ,t": r"-, Amount of Rs 10'000/- ( Rupees Ten thousand only ) has been paid by Sri G. Ravi Chandran' Counsel for the Petitioner as directed by the Hon'ble Court vide order dated 11 09 2025 as Rs 5'000/- ( Rupees Five thousand only ) to the Telangana High Court Bar Associalion' and Rs 5'000/- ( Rupees Five thousand only) to the Telangana State Legal Services Authority' Hyderabad and filed Memo as ,roo, o, compliance USR No 102203 dated 17 Og.2O25. \K HIGH COURT DATED:1 1/09/2025 I I : COMMON ORDER l.A. Nos. 2 and 3 of .2025 IN/AND CRLP.No.10594 of 2025 i 7 iii,r lil?5 J\ \-.{, I.A. NOS. 2 AND 3 OF 2025 ARE ALLOWED AND CRIMINAL PETITION IS ALLOWED. q .rPa& #F'd & bg1(D LNS; (CRIMINAL M[SC. pETr TroN) (U/S.#_€R+€:) tsE}'ORE THE HONOTIILABLE I{IGII COURT OF TELENGANA AT: HYDERABAD . l.A No: 7. of 2025 of 2025 CRLP No.: IN t,f1 1 Betrveen 1) Kotha Mahesh S/o Kotha Shankar Aged: 26 years Occ: Softrvare employee 2) Mls Kotha Nirmala w/o Kotha Shanhar Aged; 53 vears Occ: housewifb 3) I(otha Shankar S/o iate I(.Lachaiah Agcdl 5o yeals Occ: Busirrcss R/o 7-i Pedda bheemgal Bh'eerngal BLr:rrug Nizamabad District 503 307 ... petitioners/Accused I to 3 AN]) 1) State of Telengana Rep by Public Prosecutor, High Court olTelengana, IIl,.derabad 2) Mrs.Bhavitha Wo Kotha Mahesh Aged: 25 years Occ: Household R/o 10-5-81 1/1 Nandan nagar Tukaramgate Secunderabad v. p6L{ \L ... Respondents \<^ 8ll-o*^(r- K'U^!ft" f I I ! I I 2 JOINT COMPRON{ ISE MIMO I lL is subr,ritLed that on a cornplairt rodgecr b1. Seco.rcr iir:spo,dent rvith tlre \\rl)S No.th zone IIl,derabail thc_r,r.egistered Crimc irrh.l 09 ot2022 datetl 2'-9-202? asainst r.hc petitio,ers he,ein for thc c.ence allegcd U/s.498-.4. 506, 509 R\vS 34 IpC and Sec4,6 DI,A Acr. Lateron the police ,-rled charge sheet which w,as taken on fi lc by .t- e learned I 5,t, z\ddi Chiel Metropoiitan N4agistrate at Flyderabad ar:cl uu,bered as ('(- nr,: I0775 ullUl2. d

2. k is subrnittecl that the issue is rnarital discold be r,, een the first pctrtionc. a,d the sccord .esponde,t. During the pencri r*. of trrc said cases the pctitionc; No;l and the s:econd respondent hai,e scttled the issue a,ricabll, bet.,veen them by,. deciding to part \\,a-\,.i nrLtlually, arnd the1,havc enler-ed into a MOU datecl I2_g_2025 agr.i.cing on some tenrs and conditions. They har.,e agreed to dissolvc rlrerr ated 2.6-12-202 I on mutual conscnlancl the seconcl rc;pondent has agrcecl to withdrau, the CC No; 10775 of 2022 ancl the 1ir.st,etitioner. has aqreed to Pa), a sunr of Rs.14.00 racs by wav of.DL_r no; 50130r clatccl 4-8-2025 drawu i, favor orthe second respondcnr anil issued by ICICI banh Ltd z\r-.roor bra,ch anrr the said original DJ) is agreed to be handed over [o the seconcl r.esponclent by the first petitioner at tl_re tirne oi-passing ol.Decr.ee o'f Diuor.. in FCOp No: 625 ol 2024. 3' It is submitted that the first petitioncr ancr second resr.nclent have agreed to converL.the FCop 625 of ?,024 into m,tual c.li'c r.,:e petition rnarflage (- u. p8,to ,.i- Sl-s,^-tc4.^---- K.btoYile J and tho second respondent has agrcccl ro withdraw the IrCOp No; g5 of 2023 illcd ibr Restitution ol eonjuual rights ancl DVC No; 140 of 20?5 ancr otrrc. te r'.r s and conditio.s * e.e arso agreed bctwccn tlrem. 4 rt is sub,rittcd that si,ce the ,lrlrces u,der the D.r) Act are non- compoundablc Lhe par.lies het_ein havc approachccl this IJonorable Cour{. to quash the above crirne on rjtc basis of their cornprornisc. It is thercrore praycd that this Flonorabre aourt rnay be,leasecl to quash the proceedings in CC No: 1077-5 o1.2022 pending on the filc of the 151h Addl chief Metroporir;r^ N,ragistr.ate l{l.derabad i, view of 'c'a"ed thc settlcrnent betwee, trrc petitioners arrcr the Second Respondcrt rrere in and be preased to pass such other o.cri:r or or.clcrs as decurecr tit aruJ proper in the interest oljustice. \c. I)ETI'IIONB No: I i4-ledlt-l PETITIONlit.i No:2 V- 3ho"-"'.-'' PETITIONBIT No;3 (loLrnsel for pe uLlavt\c, l'- r- RITSPONDENT No;2 I{yderabad Dared:F.8.2025 +\= CoLrnse I for- Responde 1rt No.2 ;.d