✦ High Court of India · 02 Jan 2025

The High Court · 2025

Case Details High Court of India · 02 Jan 2025
Court
High Court of India
Decided
02 Jan 2025
Bench
Not available
Length
1,158 words

...Respondent No 1 / ComPlainant 2. Sri. P. Nalini Kanth, S/o. lshwar Prasad, Aged 19 years' occ Group Principal - L'onH C"rporition ii7o.'Erri No +oi, sainesideincy, Lakshmi Nagar Colony, Shiikpet, HYderabad ...ResPondent No 2 / ComPlainant Petition under Section 528 of BNSS praying that in the circumstances StatedintheMemorandumofGroundsofCriminalPetition,theHighCourtmay be pleased to call for records FIR No' 168 of 2020 and subsequently CC No' 26gSof202,lpendingonthefileoftheHon'bleXVlAddl.MetropolitanMagistrate atHyderabadandquashthesameinsofarasagainstthepetitioner/Accused No.'1 herein in the interest of justice. l.A. NO: 1 OF 2024 Between: Sri. P. Nalini Kanth, S/o. lshwar Prasad, Aged 59 years, occ Group Principa| i-n chn C6ipoiitio". ii7;. Fhi No' +02, SaiResiddncv' Lakshmi Nasar ColonY, ShaikPet, HYderabad' ...Petitioner / Defacto Complainant in l.A.No. 1&2ot2O24 AND 1 Mr. Ashish Kumar Bose, S/o. Kalyan Kumar Bose, Aged 41 Private Job, R/o. H. No. 1-5476t2, Ayyappanagar -colony, Hyderabad years, Occ. Old Alwal,

2. The State of Telangana, Represented by public prosecutor, High Court of I elangana, Hyderabad ... petitioner _/ D:ffi :: f Airi?,rfrf ...Respondent / Complainant in l.A.No. 1&2ot2024 Petition under Section 359 (6) of BNSS rlw 482 of Cr.p.C. praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to permit the petitioner/Defacto complainant for compounding the offences in filed in FIR No. 169 of 2020 and subsequenfly in CC No. 2698 of 2021 uts.420 and 408 of lpC, and consequenfly quash the proceedings in FIR No. 168 of 2020 and subsequently in cc No. 2698 ol 2021 pending on the file of the Honorable XVI Addl. Metropolitan Magistrate at Hyderabad against Accused No,1 . l.A. NO: 2 OF 2024 Petition under Section 359 (2) of BNSS rrw 482 of cr.p.c. praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to consider the setflement arrived between the Petitioner and the Accused No. 1 , compound the offences filed in FIR No. 16g of 2020 and subsequently in cc No. 2698 of 2021 uts.420 and 408 of lpc, and consequently quash the proceedings in FIR No. 169 ot 2o2o and subsequenfly rn cc No. 2698 of 2021 pending on the file of the Hon'ble xvl Addt. Metropolitan Magistrate. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Rohan Aloor, Advocate for the Petitioner and the Additional public prosecutor on behalf of the Respondent No. 1 and of Sri B Nishitha, Advocate for the Respondent No. 2. The Court made the following Common Order : THE HONOURABLE SMT. JUSTICE JITYVADI SRIDEVI INTERLOCUTORY APPLICATION Nos.1&2of2024 IN/AND CRIMINAL PETITION No. 1341 2 of 2024 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioner-accused No.l seeking to quash the proceedings against him in C.C.No.2698 of 202 1 pending on the file of the learned XVI Additional Metropolitan Magistrate at Hyderabad, registered for the offences under Sections 42O and 408 of the Indian Penal Code (for short IPC').

02. It is submitted by learned counsel appearing for the petitioner-accused No. 1 as well as respondent No.2, that during pendency of the present Crimina.l Petition, the parties have compromised the matter and accordingly, I.A.Nos. 1 & 2 of 2024 have been filed to record the compromise between them and to compound the offences.

03. Vide orders dated 13.12.2024, this Court directed the parties along with their respective learned counsel to appear before the Secretaqz, High Court Legal Services Committee, Fligh Court for the State of \ 2 Telangana, Hyderabad, for identification and to submit a report.

04. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretar5r, High Court Legal Services Committee, has identilied the parties and submitted report dated 24.12.2024 and the safire are placed on record.

05. In view of the above, I.A.Nos. I & 2 of 2024 are allowed. Consequently, this Criminal petition is allowed and the proceedings against the petitioner- accused No. 1 in C.C.No.269g of 2021 pending on the fiIe of the learned XVI Additional Metropolitan Magistrate at Hyderabad, are hereby quashed. As a sequel, miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// ASSISTA NT RE sd/. N. SRIHARI R / S TION OFFICER To, 1 2

3. J\4etroporita n Ma gistrate cyberabad at Rajendrana gar ||: ]:f: j::l ry.%:"?: ji$;ffi:"#l;: :Jr"Hd D sh c, -e state of reransana, ',. 4 A 6 one cc to sri Rohan ;,:^-_:::, ,: one cc to sriruisnitna el1.:::,:'::"il" Two CD Copies ^,"", I Along w the opy of the Joint Memo of Compromise l VNgh HIGH COURT DATED:0210112025 COMMON ORDER l.A. Nos. 1 and 2 of 2024 in / and GRLP.No.13412 of 2024 oB 1HE S r4 16.. J o o 0 g JAll 2025 (i( o 3 t Oe .lr,,r.1"C r1f o t. ALLOWING THE CRLP AND l.A. Nos. 1 and 2 of 2024 )p THE HON'BLE HIGH COURT FOR THE STATE OF TEI,ANGANA AT HYDERABAD CRLPNO. OF2O24 BETWEEN: Sri. P. Nalini Kanth S/o Ishwar Prasad, Aged: 59 years, Occ: Group Principal in GAR Corporation, fuo: Flat No. 402, Sai Residency, Lakshmi Nagar Colony, Shaikpet, Hyderabad .. Petitioner,lDelacto Complainant AND

1. Mr. Ashish Kumar Bose S/o I(alyan Kumar Bose, Aged: 41 years, Occ: Private Job, R/o: H. No. I - i-47612, Ayyappanagar Colony, Old Alwal, Hyderabad . . . Re spondent /Petitioner/ Accused No. 1 i

2. The State ofTelangana, Represented by Public Prosecutor, High Court of Telangana, Hyderabad. . . . Respondent/ Complainant .IOINT I\{EMO I . It is submitted that the Petitioner herein filed the above Compronlise. petition before the Hon'ble High Court to record the terms of: the compromise between the Defacto Complainant and the Accused No.l withlrespect to FIR No. 168 of 2020 and subsequent CC No. 269812,021 ..ti,t pendingonthefileofthe'Hon'bleXVIAddl'MetropolitanMagistrate' Cyberabad at Rajendra Nagar and consequently quash the same' \ 'i 2) ' It i, submitted that at the instance of elders and welt-wishers, of the Defacto complainant and the Accused No.l, both the parties have settled the . disputes.amicably without any coercion or lear and both the parties are willing , 'and agreed to compound the offences against the Accused unconditionally and -ti-- - ' the case is pending before this Hon'ble Court. Hence this joint memo. r h mar Bose Sri. P. N 'ffi$-- Counsel t'ol I" Respondent/ Petitioners/Accused No. l. Nrs&*t,^^' Counsel for Petitioner/ Defacto-complainant Place: Hyderabad, Date?P -10-2024

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