Hyderabad High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioners/A2 & A3 in S.C.No.184 of 2022 on the file of the Additional Judicial First Class Magistrate at Sircilla for the offences U/Sec.498-A, 307, 504, 506, 354 IPC and Sec.4 of D.P. Act. l.A. NO: 2OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including appearance of the Petitioners/A2 & A3 in S.C.No.184 of 2022 On the file of the Additional Judicial First Class Magistrate at Sircilla, pending disposal of the above criminal petition. I I I.A. NO: 1OF 2025 BETWEEN: Yasaraveni Manisha @ Nithya, Wo.Jeevan, aged about 25 years, Occ Housewife, Fl/o.Bandalingampalle, Yellareddypet Mandal, Presently at Garjanapally Village, Veernapally (l\/) Rajanna Sircilla District, T.S. ...Petitioner/Respondent No.2 in lA.Nos.'l &2of 2025 AND

1. Yasaraveni Shyamala, W/o.Lingaiah, Aged about 50 years, Occ : Housewife Rl/o.H.No.5-9/1, Bandalingampialle Yellareddypet Mandal Rajanna Sircilla Dist.

2. Yasaraveni Praveen, S/o.Lingaiah, Aged about 26 years, Occ: Service Rl/o.H.No.5-9/1, Bandalingampalle Yellareddypet Mandal. Rajanna Sircilla Dist. ...Respondents/Petitioner Nos.1 & 2 in l.A.No.1 of 2025

3. The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, through S.H.O. P.S. Veernapally. ...Respondents/Respondent No.1/Respondents/Respond"*. Utlr.&l Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to accord permission to compromise the above case in S.C.No.184 of 2022, d1.1410712021 the file of the Additional Judicial First Class Magistrate at Sircilla, in the interest of justice. I.A. NO: 2 OF 2025 Petition under Section 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the Compromise and quash the proceedings in S.C.No.184 of 2022, d1.141O712021 the file of the Additional Judicial First Class Magistrate at Sircilla, in the interest of justice. This Petition coming on for hearing, upon perusing the f\4emorandum of Grounds of Criminal Petition and upon hearing the arguments of lt/ls. Meghana Addla Suneel, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 and of Sri Nimmaraboina Naveen, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER .,., // THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No.14594 OF 2025 COMMON ORDER This Criminal Petition is filed under Seciion 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for shorl 'BNSS, 2023'), seeking I quashment of the proceedings against the petitioners in S C No'184 of 2022, on the file of the learned Senior Civil Judge, Sircilla' l I I

2. The petitioners are arrayed as accused Nos'2 and 3 in the Sessions case registered for the offences punishable under Sections 498-4,307,504,506,354ofthelndianPenalCode,1860andSection4 of the Dowry Prohibition Act, 1961 .

3. Heard Ms.Meghana Addla Suneel, learned counsel for the petitioners, Mr.Jithender Rao veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr. Nimmarabolna Naveen, learned counsel for the respondent No'2/ de-facto complainant.

4. Pending this petition, the parties have entered into the compromise- ' and, accordingly, the respondent No.2tde-facto complainant moved l.A.Nos.land2of2025withtheprayertopermitthemtoenterinto compromise and by recording the settlement to quash the proceedings against the petitioners/accused Nos.2 and 3 in S C'No' 1 8 4 of 2022' I 2 lA.\'o:-/ atd 2 af 2025 in/a Cr/.P.N0.14594 of 202a

5. This Court vide order dated 21 .03.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the set,ement. The Secretary, High Court Legal Services Committee, has submitted report dated 2g.O3.2,2'stating that the parties were identifled by their respeciive counsel and also on verification of Aadhar cards/rdentity cards and the enquiries reveared that the parties have wilrfury and without coercion entered into settlemenUcom promise. o I have considered the submissions of the learned counsel and perused the materials on record. 7 ' Having considered the a'egations against the petitioners/accused Nos 2 and 3, the charged offences, which are essentiary matrimoniar and inter-personar in nature and taking into account the amicabre setrement 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 y. Sfate of IJ.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 setrement by exercising jurisdiction l (10) Scc 303 12012 ' 2024 INSC 189 ' zo19 (s) scc 688 I 3 NT&/ IA.Nos.l a 2 of 2025 ir/ard Crl.P.No.14594 0J2024 h 7 under Section 482 Cr.P.C.1528 of BNSS, 2023, would be in the interest of justice

8. Accordingly, l.A.Nos.1 and 2 of 2025 are allowed. Consequently, all proceedings in S.C.No.184 oI 2022, on the file of the learned Senior Civil Judge, Sircilla, are hereby quashed against the petitioners/accused Nos.2 and 3.

9. ln the above terms, the Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/- MOHD, ISMAIL DEPUTY REGISTRAR I SECTI oNo FFICER \ To,

1. The Additional Judicial First Class Magistrate at Sircilla 2. The station House Officer, Veernapally Police Station, Rajanna Sircilla 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. The Secretary High court Legal Services Commiftee, High Court for the State of Telangana at Hyderabad

5. One CC to Ms. f\/eghana Addla Suneet, Advocate [OPUC] 6. One CC to Sri Nimmaraboina Naveen, Advocate [OPUC] 7. Two CD Copies ADK/SWT Along with a copy of Joint Memo of Compromise v HIGH COURT DATED:0410412025 1l "1.) <k, A. t4 t-. o *s +. Ca a 5/ * .7 J Hc COMMON ORDER l.A.Nos.1 and 2 of 2025 ln/and CRLP.No.14594 of 2024 DISPOSING OF THE CRLP AND ALLOWING THE IA.NOs.1 &2OF2025 @ I i I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl.P.No. 14594 of 2024 Against S.C.No.184 of 2022 (On tne file of the Hon'ble Additional ludicial First Class Magistrate at Sircilla) Between : I 2 1

2. Yasaraveni Shyamala,Wo.Lingaiah Aged about 50 Years, Occ : Housewife R/o.H.No.5-9l1, Banda linga m palle Yellareddypet Mandal, Rajanna Sircilla Dist. Yasaraveni Praveen, S/o.Lingaiah Aged about 26 Years, Occ : Service R/o.H.No.5-9/1, Bandalingampalle Yellareddypet Mandal, Rajanna Sircilla Dist AND The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana At Hyderabad. Yasaraveni Manisha @ Nithya, Wo.Jeevan Aged about 25 Years, Occ : Housewife RTo.Bandalingampalle, Yellareddypet Mandal, Piesently at Garjanapatly Village, Veernarally (M) Rajanna Sircilla District, T.S. Petitioners/Accused No.1.to 3 .. Respondents/defacto Complainant OINT FILE YTHEP PON No

1. It is submitted that the Respondent No.2 have given a report to the police on 14'04'2019 at1200hrsthecomplainantmadeacomplaint,inwhichshestatesthathermarriageWas performed with A1 on 17.08.2018 at the house of parents of complainant at Garjanapally Village. At the time of marriage her parents donated net cash of Rs.1,35,000/-, 8% Tulas gold and other household articles worth Rs.70,000/- as per the demand of A1 to A3' After marriage the complainant and A1 lived together happily for a period of 15 days and their marriage was consummated. After the A1 started suspecting the character of the complainant by attributing illegal contacts with others as well as 43 when the complainant talks with other pelsons as well as y,A-r/ *e, y.Wu/r) Y frlonisto. I when she' went to outside i , i',' With the said allegation of A1 shown her hell and not all :i . :1 to go outside and not allowed to talk with anybody. The A1 used to participate sexually forcibly on the complainant and used to beat with hands and legs. The complainant has not informed the harassment and tortures of A1 to her parents as they would suffer mentally and inFormed to A2, but she has supported the 41. The famiry friend of A1 by name Surender Reddy, R/o.Namapur tried to outrage the modesty of complainant, on which the complainant resisted him and abused him' He kept the said incident in his mind, instigated the A1 to piik up quarrels with her. on his instigation:the A1 used to harass and torture her physically and mentally and on the instigation of A2 & A3. the A1 used to lrarass and torture her to bring additionar dowry of Rs.1.00 Lakh. on 13'01.2019 when the 41 and comprainant were in the bed room, the A1 started abusing her, then she asked him how many days he wourd torture and harass her. on which the A1 got angry against herand tried to kill her by pressing her face with pillow, but she resisted him, then the A1 by catching the head of the complainant in his hands, pushed her head to the window rods by saying that she is not useful for anything. Further, the A1 get rid on her, beat on her secret praces (Virginal part) with his fist, due to which she received internal virginal bleeding injuries. When the complainant was unabre to move from the house, informed to her parents. on 17.01.2019 her brother and sister-in-raw admitted in Vani Nursing Home, sirci[a and on 19.01.2019 the complalnant along with LW's 2 to 4 went to the house of 41. Then the 41 at the instigation of the 42 and'A3 demanded the conrplainant to bring additional dowry amount of Rs.2.00 Lakhs from her parents, then only he would allow the complainant into his society, but the complainant expressed her inability to bring the same, then the A1 beat the complainant indiscriminately and the A1 to 43 threatened with dire consequences that they will come again to their house and they will kill the complainant and her family members and the A1 drove the complainant frorn his house. The said incidert wa3 witnessed by LWs 2 to 4 and took the comprainant to her parent,s house. Finafly, the complainantl prayed the Hon'bre couft to refer the compiaint to the sHo, ps Veernapa y to punish the accused as per raw after due enquiry in the interest of justice. Basing on which the polce conducted the investigation and fired the charge sheet on r4.o7.2o2r u/sec.4g8-A, 307,504, s06, 354 IPC.and sec.4 of D.p. Act. The Learned Judge taken the cognizance and numbered the case /d?lpo u,, '1. .. : : . Ylwewt V c-nanicLo-. /,1,',l.C.ryo.ne of 2022 Therefore, the Respondent No.1 has no objection to allow the 11 t: .. :, al Petition by way of compromise 2) mit that, during the pendency of the above case, with the intervention of the well WISh CTS A hd elders of the both parties settled the matter amicably out of the court. That due to the I came fonrvard to withdraw the complaint for which I am also executed an Affidavit ,reO59tl5i hg thilt i am ready to withdraw the above said case.. ' , rln .View of the above it is prayed that this Hon'ble court may be pleased to record the Compromise and quash the proceedings in c.c.No.184 of 2022, dt.14.07.202L on the file of the Hon'ble Additional Judicial First Class Magistrate at sircilla, in the interest of justice. Yd</) y, P, Petitioner No.1 >'Wffin Petitioner No.2 / ffrarrisuo' Respondent No.2 Counsel for eP tioners Counsel for o.2 I I I