✦ High Court of India · 07 Jan 2025

One CC to Sri v. Shivani

Case Details High Court of India · 07 Jan 2025
Court
High Court of India
Decided
07 Jan 2025
Bench
Not available
Length
1,415 words

fl3!99!_feta.n,qana, Rep- by its pubtic prosecutor, High Court for the State of tetangana at Hyderabad. ...neiponalnt ti;:i "' Smt.Suddala Mounika. Wo guddala Harish, D/o Nagannagari Anlaneyulu, L9",. s9 years, occ: private. Emptoy"_",-C/o.'H.i\L;]3, na"ran"tJ ViirLgJ, Morthad_Mandat, Nizamabad Oistrici-SOZZiO, ii"#rilV iesiding at H N;-ir: 105/6, Bharath Naoar. Gajwet town anJ'rrau-nt-ipliity, siodipet ri,,i;i_ 502278 Ce[ . g0iOzs2oo ...Respondent No.2/Defacto-Complainant Petition under section s2g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Fetition, the High C;r; ;;y be pleased to carr for the records and quash the charge sr,..i ,tarrst"ir,e Petitioners/Accused No. r to 4, 7 and B in c.c.No.385 of 2023 on the fire of Principal Judiciar First crass -Magistrate at Gajwer, siddipet District, roi-ftre offence under sections 498-4 of rpc and sections's a + or Dowry eronibiiion n"i. I.A. N 20F 2024 o: petition under Se( . r'ifl i:ff i:;[?.J.["id.:Jdi],_{i":=i,6{i,!t"",,.:ffi ief*"",:rt,ff ;fiHTfl:I'i: 1", Jl"[ 1i-t!re settleme;ru ;"" sections 3 & 4 or o"*o o;&iilfljlliF ;;i:,:" ;l'i#::J['l.'ffif;it"3i"# I.A. N o: 3oF 2024 petition under Ser iii?,i.[rTiru?rrk{f":*,"","*#i;;;*la":**[[z :r:*,i',]1,;f,,11,.]:l"l:l: j,i,!".iii:i:dlT5,:r"r,Ne2i"i,e"i,rl.i, n view or the ;;ilil;#:lJJ:j,fjT:#:sistrate at This petition comin hearing, upon perusing the Memorandum of peddakura, nr,o""," ; lf:l"..n:,"" H..ffi lffir;i:nil y ffi* the Respondent No.1 and of Sri V. ,n,rr"i OOr""#for tne Respondent No.2. The Court made the following: COMMON ORDER Grounds ., ".;;l,n^_", "r*ri ".t I I I I a HON'BLE SMT. JUSTICE JUVVADI SRIDEVI I.A.Nos.2 and3 of 2024 in/and CRIMINAL PETITION No.15094 of 2024 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused to quash the proceedings against them in C.C.No.385 of 2023 on the file of Principal Judicial First Class Magistrate at Gajwel, Siddipet District, registered for the offences punishable under Sections 4984. of IPC and Sections 3 and 4 of Dowry Prohibition Act.

2. It is submitted by learned counsel appearing for the petitioners as well as the respondent No.2, that during pendency of the present Crin-rinal Petition, the parties have compromised the matter and accordingly, I.A.Nos.3 and 4 of 2024 have been filed to record the compromise between them and to compound tl.re offences.

3. Vide order dated 19.12.2024, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court I I for the State ofTelangana, Hyderabad, for identihcation and to submit a repoft.

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Cornmittee, has identified the parties and submitted a report, dated 27 .12.2024 and the sarne is placed on record.

5. In view of the above, I.A.Nos.3 and 4 of 2024 are allowed. Consequenrly, this Criminal petition is allowed and the proceedings against the petitioners/accused in C.C.No.3g5 of 2023 on the fi[e of principal Judicial First Class Magistrate at Gajwel, Siddipet District, are hereby quashed. Miscellaneous applications, if any pending, shall stand . closed._ To, //TRUE COPY// Sd/- A.V.S. PRASAD ASSTSTANT \REGtsTRAR t, SECToN oFFIGER l The Principar Judiciar First crass Magistrate at Gajwer, siddipet District. 2. The Station House Officer, Gajwel police Station, Siddipet District. 3' Two ccs to the pubric prosecutor, High court for the State of rerangana at 4. One CC to Mr. papaiah peddakula, Advocate tOpUCl 5. One CC to Sri V. Shivani, Advocate [OPUC] 6. Two CD Copies Hyderabad [OUT] (Along with a Copy of Joint Memo of Compromise) kam/gh Y .t : \ !::l * HIGH COURT DATED:0310112025 COMMON ORDER l.A.Nos.2 and 3 ot 2024 ln/and CRLP.No.15094 of 2024 BOTH I.As AND CRIMINAL PETITION ARE ALLOWED HE SI4 e k 3 07iAil 2025 * €' SpA-rCBfC I z (,-a ,' )) o I I I I I I I I I i I I I I i I I I I I I I I ,/- IN THE HIGH COURT FOR TIIE STATE OF TELANGANA AT HYDERABAD [Jetween: Crl.P.No. oF 202+ 1 2 3 4 6 1 2 Harish Goud Suddala S/o Narsa Goud, Aged 34 Yearsrocc: Government Teacher, Yellawa Suddala W/o Narsa Goud, Aged 55 Years, Occ: Housewife, Suddala NarsaGoud S/o Nara Goud. Aged 58 Years, Occ: Toddy Tapper, Suddala Pavani S/o Narsa Goud, Aged 26 Years, Occ: Student y-q i I" t are R/o H.No 1-93, patem village, Morthad Mandal, Nizamabac.l District. Thigala Kishan Goud S/o Ramaiah, Aged 53 Years, Occ: Business, R/o Jakkapur village, Narayanaraopet Mandal, Siddipet Districl Suddala Parsharamulu S/o Nara Goud, Aged 54 Years, Occ:Business, R/o Peddakodur village, Chinnakodur Mandal, Siddipet Districr. ...Petitioners/Accused AND State of Telangana, Rep. by its Public prosecutor, I{igh Court for rhe Stare of Telangana at Hyderabad. ...Respondent No.1 Sml Suddala Mounika W/o Suddala Harish, D/o'Nagannagari Anjaneyulu, Aged 30 years, 0cc: Private Employee, R/o. H.No. 4-7S, Ramancha Village, Morthad Mandal, Nizamabad District_502276, Presently residing at H.No.12-105/6, Bharath Nagar, Ga jwerrownandMuniciparirv,::i1ffi,"r#il::;i3:"?::"r,^prainant - IN EM0 LF ITI CTJ NI) RESPOND .No.2 /DEFA TO.CO MPLAINANT

1. It is submitted rhat petitioners, filed the above criminar petition to quash the charge sheer in c.c.No. 385 of 2023 on the fire of principar judicial First Class Magistrate at Gaiwer, siddipet District, for the offence under sections 498-4 of IPC and sections 3 and 4 of Dowry prohibition Act. \ o" .2' rr is suhmirted that as a matter of fact, upon the complaint of the llespondent No_2, the police Gaiwel police have registered the FII{ No.305 /2022 as if thd Respondenr No.2 was harassed by rhe petirioners herein and others. Infact, due to the difference/disputes between the Petitioner/Accused No.1 and the Respondent No.z, due to the intervention of the elders and welr-wishers, the petitioners and the Respondent No.2 settted the issues and decided to get mutual consent divorce upon payment of Rs.21,00,000/- to the 2nd Respondent towards permanent alimony and it is agreed by both the parties that necessary apprications to be filed in the pending HMOP No. L0'1, of 2021, on the file of Senior Civil fudge, Armoor, Nizamabad District and further the znd respondent agreed to co-operate with the petitioners in closure of the above c.C.. That in pursuance of the terms, Petitioner No.1 and the Znd Respondent entered into a Memorandum of undersranding, dated. 22-1,L-2024, which is filed herewith for kind perusal of this Hon'ble court, bur aE the alleged offence u/s.3 and 4 oi Dowry prohibition Actwhich is non-compoundable offence, the present criminar petition is filed before this Hon'ble Court. Hence, in the interest of justice it is just and necessary to compound the offence under sections 4gg-A oflpc and sections 3 and 4 of Dowry prohibition Actand quash the FIR against thi Accused in c c.No. 385 of z0z3 on rhe file of principar Judicial First class Magistrat6 at Gajwel, Siddipet Disrrict, or else, we will be put to irreparable loss and hardship. r lt is therefore prayed that this Hon'ble Court may be pleased to 3. compound the offenc'e under sections4g8-A of IPC and sections 3 and 4 of Dowry prohibition Act against the Petitioners/Accused in c.c.No. 385 of 2023 on the file of Principal Judicial First class Magistrate at Gaiwel, Siddipet I)istric! in view of the compromise/marriage between the Petitioner No.1 and the Respondenr No.Z and quash the charge Sheet in c.C.No. 385 of 2023 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. I{yderabad, Date 28-L1-2024 1 @ (H**) ,2gdj : dd,+rrf ,\ a Patunr (Na9"^:tr*) s 1 w *h4,4 6 fuHo- [v.rt"*'o (f "*"^t1 IPetitioners/Accused) counserA;H$f,,","., t ent No.2/Defacto-ComPlainantl {' Counsel for the spondent No.2 .t I I I i I I I i I t 'il i I I

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments