✦ High Court of India · 01 Aug 2025

The High Court · 2025

Case Details High Court of India · 01 Aug 2025
Court
High Court of India
Decided
01 Aug 2025
Bench
Not available
Length
1,043 words

"sri Ram N asar Hvdeab Private ad-500 ...Petitioner/Accused in CRLP and l'A'No'1 ol 2O25 AND 1 The State of Telangana, Through P S Chatrinaka RgP pV its Public Pi;;;i;t"il's;-i-drrtlb, tn. siite of relansana at Hvderabad' ...RespondenURespondent in CRLP and l'A'No'1 ol 2025 2 XXX, As per guidelines of Hon'ble Supreme Court Complainant names not disclosed ...RespondenUComplainants in CRLP and l'A'No'1 of 2025 Petition under Section 528 of BNSS praying that in the .giltgtt?T"' statedintheMemorandum-ofGroundsofCriminal-Petition'theHighCourtmay be pleased to call for th;' ;;";;J; t;rtaining to Crime No'347 of 2024 of PS ntly quash the same against the Chatrinaka, Hyderabad petitioner/accused. "ont"q'e -'nd- - t.A. NO: 10F 2025 PetitionunderSection35g(6)ofBNS.sprayin,gthatinthe.Circumstances stated in the MemorandUm oi ciouno" of criminal Petition, the High court may be pleased to permit tn" p"iition"ilnccused herein.to compound the offence by allowing the criminal petitiln r.io.i:572 of 2024 filed by the Petitioner against crime No.347 0l 2024 0n in.- rir" of chatrnaka Police Station, Hyderabad Com missionerate i i I i i ! I ! i i I I.A. NO: 2 OF 2025 -, Between: T Soundarya Goud D/o T Ramaswamy Goud, aged 26 years, occ: private Emporyee R/o. 20-197/96/2338, ord Gabirarpet Baraji Naglr, Neai Mailanna r"mpr", shameerpet, Ir/edchal IValkajgiri District. ... petitioner/2nd Respondent And 1 The State of Telanoana Threugh p S. Chakinaka Rep by its public Prosecutor High cdurr for tne Siate oiT;i;;s;;;;i"Fitderabad. ..RespondenURespondent 2 Boddup?.Lly Sai Kumar. S/o -Nayana Chary Aged about 26 yrs. Occ private Service Rlo 1B-7'73913011/B 6 'Gowrrpria'. "s-'i {iiiN,g* ilvi.,o"o-so*6 053 ... Respondents/Accused Petition under section _3?s tzl of BNSS praying that in the circumstances stated in the Memorandum of Grounds of crim'inai petition, the High court may be pleased to record the golqlolise to compound the offbnce uli rrL*rng ine criminar Petition No.13572 of 2024 fired by tne peiitioner against 'cnr" rrro" aqz - of 2024 on the fire of chatrnaka porice station, Hyderabad c6mmissionerate. I.A. NO: 3 OF 2025 Petition under Section_ 52g of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Fetition, il-," H,gh C;;;;ry be pleased lt is therefore prayed that this court may be preased to extend the interim orders dated 08/1 1t2o24tir disposar of the cri p No13572 r.it" pass such other order or orders as this Honbre cou,t may deem fit rno prop"i in the circumstances of the case. "rzoz+ This Petition coming on for hearing, upon perusing the Memorandum of upon hearing the arguments of and the Sri Jlthender Rao Veeramalla the Respondent No.1 and Ms p.Sree Grounds of Criminal petition and Sri R. Prasanth, Advocate for the petitioner Additional Public prosecutor on behalf of Ramya, Advocate for the Respondent No.2 The Court made the foltowing: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AND 20F 2025 ln/And CRIMINAL PETITION No.1 357 20F 2024 COMM ON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' 2023') seeking quashment of the proceedings against the petitioner/accused in.R C.No.75 of 2025, on the file of the leilrned Chief Judicial Magistrate' Hyderabad.

2. The petitioner is arrayed as accused in the Preliminary Register Case for the offences punishable under Sections 417 ' 376(2)(n) and 506 of lndian Penal Code

3. Heard Mr.R.Prashanth, learned counsel for the petitioner' ]t/tr.JithenderRaoVeeramalla,learnedAdditionalPublicProsecutor, representing the respondent No'1-State and Ms' P'Sree Ramya' learned counsel for the respondent No'2/de-facto complainant

4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No'2/de-facfo complainant filed l A'Nos'1 and 2 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioner/accused in P.R.C.N o'75 of 2025' ,{ ! i ia.i- 2 r\-lIt/ I.A.Nat./ and 2 oJ'2025 in/ and Cr/.P.Na 1)572 of 20{ -

5. This court vide otder dated 1 1.06.2025 referred the parties to the High court Legal Services committee for identification and to verify the voluntariness in arriving the setflement. The Secretary, High court Legal services commitlee, has submitted report dated 24.0r.202s stating that the parties were identified by their respective counser and arso on verification of Aadhar cards/ldentity cards and the enquiries revealed that the parties have willfully and without coercion entered into settlemenUcompromise.

6. I have considered the submissions of the rearned counser and perused the materials on record.

7. Having considered the allegations, the nature of charged offences and taking into account the amicabre setflement between the parties, in the light of the dictums in Gian singh v. Sfate of punjab and anothe/ and Anil Mishra v- state of rJ.p.2; state of Madhya pradesh v. Laxmi Narayan and others3, this Court is of the considered view that quashment of the impugned proceedings in view of the setflement by exercising jurisdiction under Section 4g2 Cr.p.C.t528 of BNSS, 2023, would be in the interest of justice. | 2012 (1O) SCC 303 '? 2024 INSC 189 3 2019 (5) scc 688 - ry ,} 3 AITR,/ lA.Na:.l and 2 0J2025 in/ and Crl.P.No. 1)572 oJ 20ft

8. Accordingly, l.A.Nos'1 and 2 of 2025 are allowed' Consequently' all the proceedings in P.R.C.No 75 o'f 2025, on the file of the learned Chief Judicial tVlagistrate, Hyderabad, are hereby quashed against the petitioner/accused. 9 ln the above terms' the Criminal Petition is disposed of' Pendinq miscellaneous applications, if any' shall stand closed' SD/- MOHD.ISMAIL DEPUTY REGISTRAR /ffRUE COPY// SECTION OFFICER To,

1. The Chif Judicial Magistrate at Hyderabad. 2. The Station House Olfficer, Chatrinaka Police Station, Hyderalgd' 5. f*o CCs to the public Prosecutor, High Court for the State of Telangana at 4 Ohe CC to Sri R.Prasanth, Advocate [OPUC] 5. One CC to Ms P.Sree Ramya, Advocate [OPUC] 6. Two CD CoPies Hvderabad [OUTI NVBiPSL qr HIGH COURT DATED:01 10812025 ,_-=:::\1 .firj* sr"];\r -t. lu COMMON ORDER l.A.Nos.1 And 2 OF 2025 ln/And CRLP.No.13572 ot Z0Z4 t' 11 rlJE IE (1\r,' L) r, 16 r 11--O DISPOSING THE CRLP AND ALLOWING THE l.A.Nos.1 AND 2 OF 2OZs (r I) b ))

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