✦ High Court of India · 21 Mar 2025

High Court · 2025

Case Details High Court of India · 21 Mar 2025
Court
High Court of India
Decided
21 Mar 2025
Length
1,343 words

Acts & Sections

of BNSS, praying that in the circumstances stated in the r\4emorandum of Grounds of crimin;i petition, the High court may P:.p19::.q]: permit the petitioner to compounJ the offences under Section 380, 384, 42O, 452. 468,471, 506,.599^r/w :+ of f eCOy permission to compromise the proceedingsicompraint in F R No. 200 ot 2023 0n inu rit" or rcot rips"r;;;il il" accused No.4 in the interest of the justice. -35g(2) I.A. NO: 2 OF 2024 Petition under section 359(2) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds or criminii petition, the High court may be pleased to record the compromis" *r" p-.u"oings in crr.p.N o.9711 of 2023 and quash the proceedinos/compraint in rrn r.ro. ioo of 2023 on the fire of Kothur PS, against the accused [o.4 in'the irt"r""i"iin" i*fi"". This petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Ms. Bokaro sapna Reddy, Advocate for the petitioner and Mr. E. Ganesh, rearned Assistant Public Prosecutor on behalf of the Respondent No..l, and Ms. p. Snigdha, Advocate for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.II. VENUGOPAL I.A.Nos.1 and 2 of2o.24 in/and CRIMINAL PETITION No.9 71-L OF 2023 COMMoN ORDER: The present Criminal Petition is frled seeking to quash the proceedings in F'I'R'No'2OO of 2023 on the hle of Kothur Police Station, Cyberabad insofar as the petitioner/ accused No'4 is concerned' registered for the offences under Sections 380, 384,42O,452' 468' 47l' 506' 509 r/w 34 of IPC.

2. Heard Ms.Bokaro Sapna Reddy' learned counsel representing on behalf of the petitioner, Mr'E'Ganesh' learned Assistant Public Prosecutor appearing for respondent No.1-State and Ms'P'snigdha' learned counsel representing on behalf of respondent No'2' Perused the record.

3. When the matter is taken up for hearing' learned - * counsel for the pgtllioner submitted that both the parties have entered into compromise and settled the matter out of -- 2 EW,J I.A-Nos.1 aftd 2 of 2024 tnland CrLP.No.g7l1 of 2C23 Court and that the terms of compromise were reduced into writing in the form of memorandum of compromise and that I.A.Nos. 1 ald 2 of 2024 have been filed seeking permission of this court to compound the offences under Sections 380, 384, 42O, 452,468,42t, 506, 509 rlw 34 of IPC and record the terms of compromise between the parties.

4. Learned counsel for the petitioner further contended that, pursuant to the order dated 06.03.2025 passed by this Court, both the parties appeared before the High Court Legal Services Committee, High Court of Telangana on 79.03.2025 and willfully and without any coercion entered into compromise and therefore, seeks to allow the criminal Petition.

5. l,earned Assistant public prosecutor as well as learned counsel for respondent No.2 concedes to the sarne.

6. The appearances of the petitioner and respondent No.2 is dispensed with. J EW,J I.A.Nos.l dnd. 2 of 2024 1",/dnil c,rt,P.No-g7l1 oi 2023 In wiew of the settlement a'rrived at between the 7 . parties no purpose would be served in keeping the proceedings pending. Having regard to the enabling provision of Section 320 of Criminal Procedure Code permission is accorded and the compromise is recorded'

8. Accordingly, the I.A.Nos. I and 2 of 2024 and the Criminal Petition are allowed and the proceedings in F.I.R.No.2OO of 2023 on the frle of Kothur Police Station' Cyberabad, registered for the offences under Sections 380' 384,42O,452,468,471.,506,509 r/w 34 of IPC in so far as the petitioner/accused No.4 is concerned are hereby quashed. Miscellaneous Petitions, pending if any, shall stand closed' //TRUE COPY/' sD/- M.HD' lsMAtL DEPUTY REGIS RAR SECT OFFICER To,

1. The Principal Judicial First Class Magistrate at Shadnagar' 2. The Station House Officer, Kothur Police Station' Cyberabad Distrct' 3. One CC to Ms. Bokaro Sapna Reddy' Advocate [OPUC] 4. One CC to Ms. P. Snigdha, Advocate [OPUC] 5- Two CCs to the Public Prosecutor, High Court for the State of Telangana at 7-,/ Hyderabad [oUT] I I I I HIGH COURT DATED: 21lO3t2O2S COMMON ORDER l.A.Nos.1 and 2 ot 2024 ln/And CRLP.No.9T11 of 2023 o( t,t \ ,{ \ 16 SEP frE I I t t C ..::'.,j -/. l.A.Nos.1 and 2 ot 2024 ARE ALLOWED. ALLOWING OF THE CRIMINAL PETITION a I \ { t t IN THE HON'BLE IIIGII COI]RT OF TELANGANAAT IIYDERABAI) Crl.P.NO z 97ll Ol 2023 BETWEEN:- T.Shiva Shankar, S/o Tumrugoti Mallesh, Aged about 30 Yrs, Occ:Business, R/o H.No.4-4-2, Adyudya Nagar, Bandlaguda Jagir, HYderabad, Telangana 500 086 AND l.The State of Telangana, Rep. by Public Prosecutor' High Court of Telangana, Hyderabad' ... Petitioner/Accused No'4

2. Rubina Begum, S/o Late Mohammed Abdul Khadar' Aged about 20 Yrs Occ: Hoirsehold, R/o H.No. 1 4-254, Wadi-E-Saleheen, Shaheennagar, BalaPur, Ranga ReddY District, Telangqla ...Respondents/De-facto Complainant JOINT MEMO OFCOMPROMISE FILED BY PETITIONERS & 2'd RESPONDENT l.ItissubmittedthatthecaptionedPetitionwasfiledbyPetitionersherein praying that the Hon'ble Court rnay be pleased to quash FIR No'200 of 2023 onthe file of SHO, Police Station, Kothur Station and to pass such other or further orders as this Hon'ble Court deems fit in the facts and circumstances of the case.

2. It is submitted that the petitioner and 2nd Respondent have agreed on the termsofunderstandingbywhichtlrede-factocomplainantwillnotpursue the present criminal case as a compromise has been arrived between the partiesthroughinterventionofeldersandwellwishers.Itissubmittedthat in the above said criminal petition, the 2nd respondent who is defacto- complainant in the case has settled the issue. That the 2"d respondent is E BuR ( willing to compromise/quash the FIR No.200 of 2023 on the frle of SHO, Kothur Poiice Station and to that effect the defacto-complainant is filing affidavit before this Hon'ble court. It is submitted that in view of the settletnent between the parties the matter may be closed by allowing the quash petition and either of the parties have no objection and claims or rights against each other in the future. It is therefore prayed that this Hon'ble court may be pleased to consider the affidavit of the Petitioner and record the compromise and allow the Criminal petition in the interest ofjustice and pass such other order or orders as it deems fit and proper in the circumstances of the case. P ers/Accused No. 4 L qug 2nd Respondent/de-Facto Complainant Counsel ,1,k,", C:unsel the 2nd Respondent -t L t \ RANGARTDDY: DISTRICT HIGH COURT OF TELANGANA AT HYDERABAD CRL.P.NO. 9711 oF 2023 JOINTMEMO B. SAPNA REDDY Advocates Counsel for the Petitioner ,/o // , o

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