✦ High Court of India · 08 Apr 2025

The High Court · 2025

Case Details High Court of India · 08 Apr 2025
Court
High Court of India
Decided
08 Apr 2025
Length
1,533 words

Cited in this judgment

The state of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad. ...Respondent lA NO: 2 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order against respondents dated 08/07i2022, in MC.No.42 ol 20'18 by the Principal Family Court Judge, City Civil court, Secunderabad by allowing the criminal Revision. i'l oF 202 BETWEEN:

1. Smt. G. Hari Priya @ Madhavi, W/o. G. Deepak, Aged. 30 y'-'ars, Occ . House wife,

2. Master Charan Raj, S/o. G.Deepak Aged about 06 Years, 3. Master Arush, S/o. G. Deepak, Aged about 4-Years, All are llesidents of H.No.1- 27-364, Bapuji nagar, Bowenpally, Secunderabad 500011. (Respondent No. 2 and 3 are Minor Rep. by Natural mother and Guardian iesPondent No.1 ) ... Petitioners/Respondents No.l to 3 in l.A.No.1 and 2 of 2025 AND

1. G. Deepak, Sio. G. Narsimha, Aged. 35 years, Occ . Auto Driver Rl/o H.No. 24-710, Gandhi Nagar, Jagathgirigutta, IDPL Colony, Hyderabad.

2. The state of Telangana, Represented by its Public Prosecutor, High Court at HYderabad. ...Respondents/Respondents in l.A.No.1 and 2 of 2025 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the Histh Court may be oleased to permit permission to compromise the pending proceedings in brl.RC.No.718 of 2022 in MC.No.42 of 2018 on the file of Prin<;ipal Family Court Judge, City Civil Court at Secunderabad, Hyderabad District, in the interest of justice. IAN 20F 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the Higth Court may be oleased to record the compromise in the pending proceedings n Crl-R.C.No.718 'of 2022 in MC.No.42 of 2018 on the file of Principal Family Court Judge, City Civil Court at Secunderabad, Hyderabad District, in the interest of justrce. Counsel for the Petitioner :MS' Meghana Addla Suneel Counsel for the Respondent Nos.1 to 3: Sri Yeramalla Prashant Counsel for the Respondent No.4 : Sri Jithender Rao Veeramalla, Public Prosecutor The Court made the following: COMMON ORDER "1mt{4fr Fa_rrE!*s.-rr!!|l]''e'-- I f ,/l I I i I .i THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AN o20F 2025 ln/And CRIMINAL REVI sro N CASE No. 718 OF 2022 coMMON ORDER: This Criminal Revision Case is filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973, assailing the order of 2018 on the file of the dated 08.07.2022 passed in M C No 42 Principal Family Coui't, Secunderabad 2 Heard lttls.tVleghana Addla Suneel, learned counsel for the revision petitioner, I\/r.Yeramalla Prashant, learned counsel for respondentNos.'lto3andlVlr.JithenderRaoVeeramalla,learned Additional Public Prosecutor, representing respondent No 4-State

3. During pendency of the Criminal Revision Case, respondent No.'llcomplainant has filed lnterlocutory Applications vrde l A Nos' 1 and 2 of 2025 seeking permlsslon to compromise the matter and to record the terms of compromise between respondent No 1/ complainant and the revision petitioner/respondent'

4. This Court vlde order dale'| 2503.2025 referred the parties to the High court Legal services cornmittee fcr identification and to verify the voluntariness in arriving the settlenrent The Secretary, High Court Legal Serrrices Commtttee. has submitted report dated 28032025 2 \71(./ i L\r'.1 ,t i: '::0:t tn/ tnl t t .11-(.1.i','0.7 /E 01 2022 ,fl stating that the partres were identified by their respectr/e counsel and arso on verification of Aadhar cards/rdentity cards an J the enquiries revealed that the pa(ies have willfully and without coercion entered into settlemenVcom prom ise 5 I have considered the submissions of the learneC counsel and perused the materials on record

6. Having considered the allegations, which are essentially matrimonial and inter-personal in nature and taking into account the amicable setilement between the parties and to restore peace among them, in the light of the dictums in Gian singh v. state of punjab and anotherl and Anil Mishra v Sfate of u.P.2; State of Madhya Pradesh v. Laxmi Narayan and others3, this Court rs of the considered view that quashment of the impugned proceeJ jngs in view of the settlement by exercising jurisdiction under section 482 Cr.P.C.1528 of BNSS,2023, would be in the interest of juslice

7. Accordingly. lA.Nos.1 and 2 of 2025 are allowed and the order dated 08.07.2022 in M.C No42 of 201g on the file of the principal fq1ity Court, Secunderabad, is hereby set aside. | 2012 (10) SCC 303 . 2024 INSC 189 3 2019 (5) scc 688 3 rlR./ L 1.\r,.'.1 tnJ 2 al )(Di ! / tt!t/ (.r/.]<.C \0.7 /3 ol 20:2

8. ln the above terms, the Criminal Revision Case is disposed of Pending miscelianeous applications, if any, in this Criminal Revision Case shall stand closed Sd/- A.V.S. PRASAD PUTY REGISTRAR //TRUE COPY// SECTION OFFICER \ \ To,

1. The Judge, Principal Family Court Judge, City Civil court, Secunderabad 2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

3. One CC to SRI MEGHANA ADDLA SUNEEL, Advocate [OPUC] 4. One CC to SRI Y PRASHANT, Advocate [OPUC] f Two CD Copies ,W ADK,?SL Along with a copy of Joint Memo of Compromise HIGH COURT DATED:08104t2025 { Jd;t COMMON ORDER l.A.Nos.1 and 2 of Z02S ln/and CRLRC.No.71B ot 2022 -z:'- ./2A1, t' I .! s I.q !) 1 9 ,luN (i f 2 C) DISPOSING OF THE CRLRC AND ALLOWING l.A.Nos.1 and 2 of 2025 b HIGH COURT FOR THE SIATE OF TELANGANA AT HYDERABAD Crl.RC.No. 718 of 2022 IN MC. No.42 of 2018 (on the file of Hon'ble Principal Family court Judge, City civil court at secunderabad, Hyderabad District) Between: G. Deepak, S/o. G. Narasimha, Aged about 35 years, Occ: Auto Driver, R/o.H.No.24-710, Gandhi Nagar, Jagathgirigutta, IDPL Colony, Hyderabad.

1. Smt G. Hari Priya @ Madhavi, W/o. G. Deepak, Aged about 30 years, Occ: Housewife, AND

2. Master Charan Raj, S/o. G. Deepak, Aged about 06 years,

3. Master Arush, S/o. G. Deepak, Aged about 04 years, Respondent No. 2 & 3 being minor rep. by their Mother Smt. G. Hari priya Revision Petitioner/Petitioner All are Residents of H.No.1-27-364, Bapuji Nagar, Bowenpally, Secunderabad - 500011.

4. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad. . Respondents/Com pla inant Respondent 1 2 ]OINT MEMO FILED BY THE PETITI ONER AND RESPONDENTS It is submitted petitioner filed above criminal Revision petitioner before this Hon'ble court to set aside orders and judgment dated 08.07.2022 passed in Mc.No.42 of 2018 on the file of Hon,ble principal Family Court at Secunderabad. It is submitted that the during pendency of the this Crl.RC both petitioner and respondents are enter into an Memorandum of understanding dated # i I \. t t

07.02.2024, with the advice of elders of both parties and the both petitioner and respondents are want. to settle their disputes amicably, as per t\4OU dated

01.02.2024 the respondent No. 1 agreed to receive an amount of Rs. Xxr:oc.,ox/- from the revision petitioner as permanent alimony and also mutual divorce from the petitioner and the respondent No. 1 also agreed to set aside the Judgment dated 08.07.2022 passed in MC.No. t2 of 20lB on the file of Hon'ble Principal Family court at Secunderabad. )J It further submitted that the as per MOU dated 01.02.2024 respondent No. 1 also agreed to withdraw all the cases pending against the petitionef, Therefore, it is prayed that this Hon'ble Court may be pleased to accord permission to compromise the pending proceedings in Crl.RC.No.71 B of 202) in MC.No.42 of 2018 on the file of Hon'ble Principal Family Court Judge, City Civil Court at Secunderabad, Hyderabad District, in the interest ofjustice. In view of the above settlement eniered into behveen the petitioners and the respondent No.1, it is prayec that this Hon'ble Court may be pleased to accord permission to compromise the pending proceedings in Crl.RC.No.71B of 2022 in MC.No.42 of 2018 on the file of Hon'ble Principal Family Court ludge, City Civil Court at Secunderabad, Hyderabad District, i1 the interest of justice. G Petih-o esp. No.2 $, a"l/; (p*n?r*) Petitioner No.1 G. n&"* [t+*iPnJ") Petitioner No.2 Counsel e Respondents/Petitioners r the Petitioners

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