The High Court · 2025

Petition under Section 359 (2) CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record compromise by allow in the revision by setting aside the conviction order dated 2911212021 in Crl.R.C. No. 67212021 and parties shall their own costs in the interest of Justice IA NO: 2 OF 2025 Petition under Section 528 of BNSS Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to compromise as per the terms and conditions as mentioned in memorahdum of understanding in the interest of justice. lA NO: 2 OF 2021 Petition under Section 397 (1) of Crl.P.C., 1973 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the sentence of imprisonment passed in the judgment Dl. 2910121202'l in CRL.A.No. 33112016 passed by the learned Hon'ble XVI Addl. District and Sessions Judge Court -Cum- XVI Addl. Metropolitan Sessions Judge Court -CUM- lll Addl. Family Judge's Court Ranga Reddy District at Malkajgiri and enlarge the Petitioner on bail,'pending disposal of the Criminal Revision Case Counsel for the Petitioner: SRl. R. A. ACHUTHANAND Counsel for the Respondent No.1 : THE PUBLIC PROSECUTOR Counsel for the Respondent No. 2: SRI A. SRINIVASA RAO The Court made the following ORDER: HON'BLE SMT' JUSTICE JUWADI SRIDEVI cRl MI NAL REVISION CASE No.672 of 2O21 ORDER: Challenging the .ludgment dated 29'12'202't passed tn Criminal Appeal No 331 of 2016 by the learned XVI Additional District and Sessions Judge Court-cum-lll Additional Family Court, Ranga Reddy District at Malkajgiri' this Criminal Revision Case is filed. By the impugned order' the judgment dated 11.04.2016 passed in C'C'No l101 ot 2014 by the learned XX Metropolitan Magistrate' Cyberabad at Malkajgiri' was confirmed' wherein, the petitioner-appellant-accused was convicted for the offence under Section 498-A of IPC and he was sentenced to undergo simple imprisonment for a period of one year and also to pay a fine of Rs '10,000/-' in default to undergo simple imPrisonment for one month' Z. Learned counsel for the petitioner submits that by order' dated 09.04.2025, the Division Bench of thls Court has disposed of F.C A.No.2 17 of 2023 and CrI R C'N o'4O7 of 2024 along with all connected applications' in view of the lvlemorandum of Understanding, dated 17.03.2025 arrived at by the appellant and respondentNo.2..sincethepresentCrl.R.C.isalsoconnectedto thesaidMemorandumofUnderstanding'dated17'03'2025and theappellanthasalsopaidRs'18'00'000ltowardsfullandfinal 2 settlement, he prayed to allow the present revision, in terms of the order, dated 09.04.2025 passed by the Division Bench of this Court

3. [\Ir. A.Srinivas Rao, learned counsel takes notice on behalf of respondent No.2 and did not dispute the submission made by the learned counsel for the petitioner.

4. On perusal of the record, it is evident that the Division Bench of this Court yrde order dated 09,04.2025 disposed of F.C.A.No.2'l 7 of 2023 and Crt.R.C.N o.407 of ZO24 atong with alt connected applications, in view of the Memorandum of Understanding, dated 17.032025 arrived at by the appellant and respondent No.2. According to the learned counsel appearing for both the parties, the present Crl.R.C. is also connected to the said Memorandum of Understanding, dated 17.03.2025 and as per the terms of said MOU, the appellant has already paid Rs..l g,00,000/_ towards full and final setflement. To that effect, payment receipt is o filed. The said fact is not disputed by the learned counsel Pearing for the 2nd respondent .:: ln view of the aforesaid discussion, this Criminal Revision is allowed and the conviction and sentence of imprisonment against the petitioner-appellant-accused in the judgment ,12.2021 passed in Criminal Appeal No.331 of 2016 by ; ,-i 4-'!:l l 3 the learned XVI Additional Sessions Judge's Court-cum-lll Additional Family Judge's Cou(, Ranga Reddy District at Malkajgiri, confirming the order passed by the learned XX Metropolitan tvlagistrate, Cyberabad at Malkajgiri, in C.C.No.1101 of 2014 dated 11.04.2016 is hereby set aside. The bail bonds of the petitioner-appellant-accused shall stand cancelled Miscellaneous applications, if any pending, shall stand closed SD/. K. SREE RAMA MURTHY EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER District. Court --cum-lll To t. The XVI Additional District and Sessions Judge Additional FamilY Court, Ranga ReddY District at Malkajgi fl 2. 'The )fi Metropolitan Magistrate Cyberaba d at Malkajgiri , s. iil-J'iGii". House Officer, Neredment Police Station' Ranga Reddy l. iir?'i-, p..intendent, Cherlapally..Jail, Rang-a Reddy District' . ;: i;;ti.-i;'i-rbriC iitoj""rto., i{ist't Court-for the state of relansana at 6. ij;,;-Cd6'dRi i. A. AcHUTHANAND, Advocate [oPucl 7. Two CD CoPies Hvderabad. (OUT) Ranga ReddY District. ( ALONG WITH A COPY OF MDMORANDUM OF COMPROMISE) kul/PSL W ) HIGH COURT DATED:0210512025 ORDER CRLRC.N o.672 ot 2021 It-rE S rA ( t 1 7 JUr 2025 z 6) J\ t r,c ALLOWING THE CRL.R.C L4 c ihooe:it{;, : r.' so lC.;.T o (:lssu!d'I o: ' v .;'&.. t. s hr. r lu Fo r r, IhoIl / l0 Proof' ' '.i::, -i ' Sc.l:f::il! , rE|d IEI$IO .tErrdiii lB()onir, :clfu lAt- lr rlD2a ,{:1r r (,:0O00100r" Eo S i!fo 6i orra! do i rsrc:.aitr '1: !!1I2!E c-oq67a tr MEMORANDUM OF UNDERSTANDINO THIS MEMORANDUM OF UNDERSTANDING IS MADE AND EXECUTED ON THIS 17th DAY OF MARCH 2025 AT HYD.ERABAD BY AND BETWEEN N. Venkateshwarlu S/o. late N. Krishnaiah,'aged about 51 years, Occ: Pvt. Sei'vice, R/o. H.No.12-2-41717, FlalNo.102, Laxmi Sadan Apartments, Gudimalkapur, Hy<lerabad. Presentlv R/o. h.No.13-6- 463121 N2, gudimalkapur, Karwan, Hyderabad. (Hereinafter referred to as the 'FIRST PARTY') AND '1 . Smt. N. Lavanya D/o. Sudhakar Rao, Wo. N. Venkateshwarlu, aged about 46 years, Occ: Pvt. Employee, R/o. Plot No.1B, Geetanagar' R.K.Puram Post, Malkajgiri, Medchal Malkajgiri District - 500056, .Presently R/o. Plot No.2, Geetha Nagar, Road No.7, Tirumalgiri, R.R;District.

2. Ms. N. Siri Pallavi D/o. N. Venkateshwarlu, aged about 25 years, Occ: Pvt. Employee, R/o. Plot No.1ftGeetanagar, R'K.Puram Post, I\4alkajgiri, Medchai Malkajgiri District - 500056, Presently R/o. Plot No.2, Geetha Nagar, Road No 7, Tirumalgiri, R.R.District. (Hereinafter referred to as the'SECOND PARTY') WHEREAS, the First Party is the husband of the Second Party No'1 and marriage between them was performed by their parents and elders on 02.05.1998 as per Hindu Rites & Customs at Janabhudhya Sangam near Saibaba Temple, Sainadhapuram, Secunderabad; and they were blessed with one daughter Second Part No.2 who now is major' AND WHEREAS, the first party has flled FCOP No.361 ot 2017 igqinst the second party No.1 for dissolution of marriage on the ground of desertion, cruelty and the same was allowed with a condition to deposit Rs.10,00,000/- i.e., ds Rs.5,00,000/-(Rup ees five lakhs only) towards r) A, t-- 2) X]S- I permanent alinrony to Second party No.1 and Rs.5,00,OO0/-(RupeCs Five lakhs only) towards marriage expenses of Second party No.2 and the same was challenged by the first party before the Flon'ble High Court vide FCA No.21712023. AND WHEREAS, the sebond party No.1 has initiated Criminal Proceedings under Sec.498(A) vide CC No.1101/2014 on the file of Hon'ble XX Metropolitan lulagistrate, Cyberabad at Malkajgiri where the First party was found guilty and convicted to undergo simple imprisonment for one year and the same was challenged before XVI Addl. District and Sessions Judge Court -Cum-lll Addl. Family Court, Rangareddy District at Malkajgiri which was confirmed in the appeal. aggrieved by that Crl.R.C.No.672 .of 2021 was preferred before the Hon'ble High Court for the state of Telangana where the Hon,ble court was pleased to suspend the sentence in Crl.A.No.331l2Oj6 and same is pending adjudication. WHEREAS, the second party No.1 & 2 has initiated maintenance proceedings under Sec.125 of CRPC vide M.C.No.48/2017 on the file of the Prl. District and Sessions Judge-Cum-Family Court Medchal Malkajglrl District in whlch ttre court was pleased to grant maintenance of Rs.25,000/- i.e., Rs.15,000/-(Rupeeis fifteen thousand only) to the second part no.2 and Rs, 10,000/-(Rupees ten thousand only) to second party No.1 arrd tlre sarne was challenged before the Horr'ble Higtr Court vicle Crl.R.C No.40712024. WHEREAS, due to mediation of family, friends and well-wishers, t$e parties have settled the dispute on the following terms and conditions: a) The first party has agreed to pay to the second,.partigs a to,tal qf Rs.18,O0,000/- (Rupees elghteen lakh only) in two ineGllmertte 5b follows: V ,N, L"1^ z) r ,t :-..-l 1l f.q4{!P' J '1. The first party has only questioned the grant of permanent alimony. to the Second Party No.1 and the marriage expenses of Second Part No.2 by filing the FCA No.217t2O23 before the Hgg'ple HiSh Court in view of the settlement among the parties thg,first Party has dgreed to pay a sum of Rs.10,00,OO0/-(Rupees ten iakhs only) to the Second Party No.1 and Second Party No.2 in full and tinal - settlement of the decree granted by the court in FeOp NO. 36'l OF 2017 vide D.D.Nos.001931 for Rs.5,00,000/- in favour of Lavanya Narsing, DD No.001933 for Rs 5,00,000/- in favour of N. Siripallavi totaling to Rs. 10,00,0004 drawrion HDFC BANK, Bank House, Banjara Hills Branch, Hyderabad dated 15.03.2025. The Second Party No.1 has no objection for the enforcement of the decree of dissolution of marriage as likely to be ordered in FCA No.21712023 on the flle of llon'ble High Court. The 1.r party wifl handover the above DDs to the second Party'tto.1 and 2 before the Hon,bleHigh Court at the time of hearing.

2. The Sdcond Party No.1 and 2 has Rtej U.C.trto.4gl2o17 under Section 125 of CRPC on the file of the principal District and Sessions Judge-cum-Family Court Medchal l\IalkajQiri District for their maintenance. The said application M.C.No.48/2017 was allowed by granting Rs.25,0004(Rupees twenty five thousand only) in total i.e., Rs.10,0001(Rupees Ten Thousand only) to the l.tparty of the Second Part and Rs.15,0001(Rupees Fifteen Thousand only) to the 2nd party of the Sec.ond Part. That the first party has challenged'the said rnaintenance order vide Crl.R.C.No.407 of 2023 on the file of the Hon'ble High CoLrrt, in pursuance to the settlement arrived between the parties the first party shall withdraw Crl.R.C.No.407 of 2023 and the first party of the second party has also agreed to withdraw the criminal M.P.No.1/2023 in e */-.-.^yr- r,,$-r&*-U

3. As the mafter is amicahta ^h, _ . cable and mutually settler. the memorand(rm crr R. c. No 67 2/2021 ^ -o:, of Terangana ,, ,.-ol-tnl *.0r"r""--"';1,""::t tT:'.j*:; file of Hon'Lrle Hish cou; *l.n,J Party/Defacto ",. 'Sec order is set complainant aside and after the ,^llut'* sharr pay n, a,oo,oooll]r,1s "n",, "o 10"'"oad ' and the to see that ,n" oispr"., .;;;;;,'"'"tion "","t0 drau'n on HDFG BA ^..1^ to the second ;;;Siffi: ";; ;#;lL::I:ill ] ':ru uu'ru.Z fo.f Rs q,0,g.,000/- Bank Hosse' o"tto i' o''.,aNK' .(Rupees Eight Lakhs on,ri Banjara Hills Branch, F)nly) will handover,n. rron'bre Hish co.rrt The First party and a.'" are no craims r"n"r,*,"J1,ffiHil:;"::r","" *", ii*" "" ''r=r.rance as the arrears of maintenance and permanen, .,,-^_..', t"'ony is paid by the first party to the second party No.1 .no , the first party the ,u..I'Inu'' maintenance. cnd party *"rr ""i .,riitilT,:r:J to ttre secon"o"#i" li:ff:# "0""]'1T*o *1?o ", as the arirnony hi tim: of h"a.ing. 'lnt '-'z*- 4 4 '/ :y_-1_-. E- 7

5. lt is agreed that in view of the settlement arrived between th-e parties, both the parties will restrain themselves from approaching each other through any medium of communication or any third parties or to defame either of the pa(ies as the matter has been settled among the parties to the dispute in terms of the Compromise entered among the parties.

6. The second party No.1 and 2 has agreed that they will not have any further claim or claims in the property both movable and immovable belonging to the first party as this is the full and final settlement between the parties, and it is also agreed between the parties that no party shall approach any competent courl or authorities for any monitory or legal claim ln relating to the marriage, divorce, succession etc., This MOU is prepared in 5 sets originaily. One set each shall be retained with parties to this MOU, one set to UanfeO before the Hon'ble High court in FCA No.217 of 2023 and one set to be filed in CRL MP No. 1 of 2023 in MC 48 Of 2017, one set to be filed in CRLA No. 331 of 2016 and the other two to be retained by both the parties. IN WITNESS WHEREOF the parties he-reto have set their hands on this MOU in the presence of the following Witnesses: y ,. )--!l- FIRST PARTY S NDPA TY Witnesses: 1 2 t . 5