The High Court · 2025
Case Details
1. The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad,
2. Smt.Kota Swathi, Wo Ernapally Lalit Kumar, Age about 40 years, Occ. Household, H.No. 4-12313128/A, Padmavthi Colony, Uppal, Medchal- Malkajgiri District. ...RespondenUComplainant 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 proceedings against the petitioner in C.C.No.677 ot 2025 on the file of Additional Chief Metropolitan fi/lagistrate , Medcal-Malkajgiri at L.B. Nagar, as against the Petitioners. l.A. NO: 1 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 grant interim stay of all further proceedings in C.C.No.677 of 2025 on the file of Additional Chief Metropolitan [Vlagistrate , Medcal-Malkajgiri at L.B. Nagar , pending disposal of the above criminal petition. l.A. NO: 2 OF 2025 Petition urder Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. the High Court may be pleased to grant permission to file the present Criminal petition in C.C.No.677 of 2025 on the file of Additional Metropolitan lvlagistrate, Medcha l-Malkajgiri District at L.B.N;rgar, in view of the compromise accord between petitioner and Respondents in ,.he interest of justice. l.A. NO: 3 OF 2025 Between: Smt.Kota Siwathi, Wo lqapally Lalit Kumar, Age about 40 years, Occ Household, H.No. 4-123l3/28lA, Padmavthi Col-ony, Uppal, iMedchal- Malkajgiri [)istrict. ...Petitioner/Respondent No.2/Complainant AND 1 t Ernapally Lalith Kumar_,.S/o Sudershan Ernapally , Age about 44 years, Occ . 'Maredpally, Private. Errrployee. H.No. 10-1-629/A/2, Nehuru Nigar , East Secunderabad Hyderabad. Ernapally Krishna Veni, Wo Sudershan Ernapally , Age about 71 years, Occ. Household, H.No. 10-1-6291N2, Nehuru Nagai , East Maredpally, Secunderabad Hyderabad. Ernapally [ihivani, D/o Sudershan Ernapally , Age about 40 years, Occ. Household, H.No. 10-1-6291N2, Nehurlr Nigar East Maredpally, Secunderakrad Hyderabad. ...Petitioner/Accused No.1 to 3 4 The State o'Telangana, rep. by its Public Prosecutor. High Court at Hyderabad ...Respondents/Petitioners/Accused No.1 to 3 Petition under section 359(2) BNSS praying that in the circumstances stated in the Men orandum of Grounds of criminal petition, the High court may be pleased to r,ecord the compromise and to quash the proceedings in c.c.No.677 of 2o:)-5 on the file of Additional Metropolitan Magistrate. Medchal- Malkajgiri District at L.B.Nagar, in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of _ Grounds of criminal Petition and upon hearing the arguments of sri Meesala Vinod Kumar, Advccate for the Petitioner and the sri Jithender Rao veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 , and none appeared for the Respondent No.2. The Court made the following: COMMON ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA l.A.No.3 of 2025 in/and CRIMINAL PETITION No.10562 of 2025 COMMON ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha (BNSS), 2023 seeking the Court to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.677 of 2025, on the file of the learned Additional Chief Metropolitan Mag istrate, Medchal-Malkajg iri at L. B. Nagar
2. lt is submitted by learned counsel for the petitioners/accused Nos.1 to 3 as well as the respondent No.2/complainant that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, l.A.No.3 of 2025 is filed to record compromise and to quash the proceedings in C.C.No.677 of 2025, on the file of the learned Additional Chief Metropolitan Magistrate, Medchal-Malkajgiri at L.B.Nagar.
3. The learned Additional Public Prosecutor has opposed the compromise petition
4. Perused the affidavit filed in support of l.A.No.3 of 2025. Since the parties were willing to enter into compromise, they were 2 l;l l) 'l Crl.l' 10562 -2025 given a chance to settle the matter by appearing along with their respective counsel before the High Court Legal Services Committee for the State of Telangana vide orders dated 20.08.2025 passed by this Couft. The Secretary, High Court Legal 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 ak>ng with their respective counsel have appeared before the High Courl Legal Services Committee for the State of Telangana and the Secretary of the above said Authority identified the parties and submitted a report dated 23.08.2025 stating that the parties were identified ;and they have willfully, without any coercion, entered into compromirie.
6. ln 'view of the above, l.A.No.3 of 2025 is allowed. Consequerrtly, the Criminal Petition is allowed and the proceedings in C.C.No.677 of 2025, on the file of the learned Additional Chief Metropolitan Magistrate, Medchal-Malkajgiri at L.B.Nagar, registered against the petitioners/accused Nos.1 to 3 are hereby quashed subject to the petitioner paying an amount of Rs.5,000/- (Rupees Five Thousand Only) to the High Court Bar Association, Hyderabad and Rs.5,000/- (Rupees Five Thousand Only) to the Telangana i T i i : j 3 l ll)..l 0l.P _.t0562_20]5 State Legal Services Authority, within a period of two (02) weeks from today and file proof of same before the Registry
7. [tliscellaneous applications, if any pending, shall stand closed i I x To, Sd/. N. SRIHARI DEPUTY REGISTRAR 6 //TRUE COPY/ SECTION OFFICER
1. The Vl Additional Metropolitan Magistrate, Medchal Malkajgiri District Uppal At L.B.Nagar.
2. The Station House Officer, Women police Station Uppal (Rachakonda) 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]
4. One CC to Sri Meesala Vinod Kumar, Advocate IOPUC] 5. Two CD Copies NVB/PSL (Along with a copy of Joint memo of Compromise) Note: Total Amount of Rs. 10,000/- ( Rupees Ten thousand only ) has been paid by Sri Meesala Vinod Kumar, Counsel for the Petitioner as directed by the Hon'ble Court vide order dated 29.08.2025 as Rs. 5,000i- ( Rupees Five thousand only ) to the "Telangana State Legal Service Authority Hyderabad, and Rs. 5,000/- ( Rupees Five thousand only ) to the Telangana High Court Advocates Association, Hyderabad and filed Memo as proof of compliance USR No.9813 of 2025. HIGH COURT DATE D :29/0 812025 l l t COMMON ORDER lA.No.3 of 2A25 ln/And CRLP.No.10562 ot 2A25 t ALLOWING THE CRLP AND I.A.NO.3 OF 2025 IN THE HIGH COURT OF THE STATE OF TEIANGANA AT HYDERABAD Crl.P.No. \ oG J- of 2025 'Against C.C.No. 677 of 2025 (on the file of Additional chief Metropolitan Magistrate , Medcal- Malkajgiri at L.B. Nagar ) Between: l.Ernapally LalitKumar S/o Sudershan Ernapally Age'about 44 years, Occ : Private Employee Hlruo. Lo-t'62glA/2, Nehuru Nagar t ' ' 'abou
2.Ernapally Krishna Veni W/o Sudershan Ernapally t 7 L Years, Oc9: Household, Age nluo. to-L-6291Ai2, Nehuru Nagar., East Maredpally, Secunderabad Hyderabad' 3.Ernapally Shivani D/o Sudershan Ernapally t Age'about 40 Years, Occ: Household, n.ruo. 10-l-6291A/2, Nehuru Nagar t ' ...Petitioners/Accused No' 1 to3 AND 1.The State of Telangana, rep' by its . -High Public Prosecutor, Court at Hyderabad
2.Smt. Kota Swat(W/o Ernapally La.lit.[umar' Age about 40'Years, Occ: Household, Hlruo. 4-L23 13 l2B/A, Padmavthi Colony, Uppal, Medchal-Malkajgiri District' Respondent/Com Pl ai na nt 1) It is submitted that basins on a colelin:. .nlu"n, respondent herein, the Women Police Stalioni 'OO:! _T:|]a'- Matkajgir District against the Petitioners herein Registered a crime in or^":1u^,'"' FIR No.54 of 2015 on the.file of women police station, Uppal, Medchal_ Malkajgiri against the petitioners herein. The saicl crime was registerecJ under sec.B5, 351(2) BNS and 3 & 4 of Dp Act . The same was subsequently numbered as c.c.No.677 of z0z5 on the fire of Hon,bre Additional Metroporitan Magistrate, Medchar-Markajgiri District at L.B.Nagar 2) It is submitted that, The Petitioner No.1 filed Divorce petition against the Respondent No.2 in op No. 1915 of 2024 on the fire of Hon'ble II Additionar Famiry Court cum -XV Metroporitan session Judge at Hyderab,ad and matter was referred to Mediation center , Legal Services Authority , City Civil Court Hyderabad the matter has been amicably settled on 17-03 -202s, to that effect the 2nd respondent have decided to withdraw the said criminal case unconditionally and The Petitioner No.1 and The Respondent No.2 are riving together happiry. pleased to -ecord the compromise and quash the proceedings in c.c.No.677 ctf zo2s on the fire of Hon'bre Additionar Metroporitan Magistrate, Medchal-Malkajgiri District at L.B.Nagar, in the interest of justice. COU NSEL :.-.' lLu,l!,(/...e& V\/-trA'- ,},, PETITIONER No.1 to 3 FOR RES.r!O"2 DENT NO.2