✦ 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
Length
1,250 words

2. B. Srinivas, S/o. Komuraiah, Aged alout 40 years' Occ Private En1ploy9g' R/o. Prot No. 508, c:El";[ V;;Gt Sai cregh cltv, 60. Feet Road' Gavatri r.iul"r, Ariapui, Kukatpally, Medchal-Malkajigiri District ...Respondent / Defacto Complainant PetitionunderSection52SofBNSSprayingthatinthecircumstancesstated in the Memorandum of Grounds of Criminal Petition' the High Court may be pleased to quash the proceedings in C'C'No' 195612024 on the file of the Xll Judicial Magistrate of First class, Medchal-Malkajgiri District at Kukatpally in the interest of justice. 7 l.A. NO: 2 OF 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 afl further proceedings c_c.No..1g s6r2oz4 on the fire of the Xll Judicial Magistrate of First crass, I\rredchar-Markajgiri District at Kukatpary pending disposal of the above Crl.p in the interest of justice_ l.A. NO: 3 OF 2024 Between: B. Srinivas. S/o. Komuraiah, Aged about 40 years, Occ_, private Employee, R/o. ptot No 508. c_Btock veiiJt slitreeititi, 6d'r""t Road. Gayatri Nasar, Altapur. Kukatpaly, M"d;h;i:Mrtk;idirftj'"tIi ...Petitioner / Respondent No 2 int.A.No.3&4ot2O24 AND 1 2 3 ,^f ,",l[6i,{,*?#gJ,6,%?xg&1,d&J,.;?i"rfn:?: ft,r!:l+:"F;:1i3f Allapur, Hyderabad Smt. Shiva Kumari. W/o Ven{gopai Reddy, Aged about 36 years. Occ. House wife. R/o Venkar g.rr <ir.:., c,tv,"tiot",i,It foJ al#"rJnl}; Allapur. Kukatpaily Medchat_Mat[ars,ii o-,.#i"i" ' *' Ihe State of retansana, Rep. by *s pubtic ,r".""r,"..ji.,1j'::ri:r' Telangana, at Hyddrabad ...Respondents / petitioners of 2024 ...Respondent / Respondent inl.A.No.t&4oI 2024 Petition under Section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to permit the parties to compound the offences in c.c.No.1gs 6t2024 0n the fire of the X, Judiciar Magistrate of First crass, Medchar-Markajgiri District at Kukatpally in the interest of justice. --"7 I.A. N o'. 4 0F 2024 Petition under Section 359 (6) of BNSS praying that in the circumstances StatedintheMemorandumofGroundsofCriminalPetition,theHighCourtmaybe pleased to record the terms of compromise between the parties in C C.No. 1g56t2024 on the file of the Xll Judicial Magistrate of First Class, Malkajgiri District at Kukatpally in the interest of justice' Medchal- This Petition coming on for hearing' upon perusing the Memorandum of GroundsofCriminalPetitionanduponhearingtheargumentsofSriPNagendra Reddy,AdvocateforthePetitionersandtheAdditionalPublicProsecutoronbehalf of the Respondent No. 1 and of Sri Lattupally Anand' Advocate for the Respondent No. 2. The Court made the following Common Order : THE HONOURABLE SMT. JUSTICE JTIVVADI SRTDEVI I.A.Nos.3 &4 of 2024 IN/AND CRIM INAL PETITI ON No.1s 182 of 2024 COMMON oRDER: This Criminal petition is filed under Section 52g of BNSS by the petitioners_accused Nos.I to 2 seeking to quash the proceedings against them in c.c.No.1956 of 2024 on the fiie of the learned I Additional Junior Civil Judge_cum_Xll Additional Metropolitan Magistrate, Cyberabad at Medchal_Malkajgiri District at Kukatpaily, registered for the offences under Sections 118(l),351(2) of the Bharatiya Nyaya Sanhita (for short ,BNSJ.

02. It is submitted by learned counsel appearing for the petitioners_accused Nos. I and 2 as well as respondent No.2, that during pendency of the present Criminal petition, the parties have compromised the matter and accordingly, I.A.Nos.3 & 4 of 2024 have been fired to record the compromise between them and to compound the offences.

03. Vicle orders dated 13.12.2024, this Court directed the parties along u,ith their respective learned counsel to appear belore the Secretary, High Court I l E I 2 Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identilication and to submit a report.

04. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Committee, has identified the parties ald submitted report dated

18.L2.2O24 and the sarne are placed on record'

05. In view of the above, I.A.Nos'3 & 4 of 2024 are allowed. Consequently, this Criminal Petition is allowed and the proceedings agajnst the petitioners- accused Nos. 1 and 2 in C.C.No.1956 of 2024 on Lh,'e file of the learned I Additional Junior Civil Judge-cu'm- XII Additional Metropolitan Magistrate, Cyberabad at Medchal-Malkajgiri District at Kukatpally, are hereby quashed. As a sequel, miscellaneous applications' if any pending, shall stand closed //TRUE COPY// Sd/- K. AMMAJI ASSISTANT REGISTRAR ECTION OFFICER To,

1. The XII Judicial Magistrate of First class, Medchal Malkajgiri District at Kukatpally

2. The I Additional Junior civil Judge-cum-Xll Additional Metropolitan Magistrate, - cvueiaoiri it Med"hal-Mrlkaigiri District at Kukatpally 3. The Station House Officer, Allapur PS, Cyberabad District 4.TwoCCstothePublicProsecutor,HighCourtfortheStateofTelangana, Hvd erabad [OUT] 'a '--'- _,.t --7 6 6 VA/gh One CC to Sri p Nagendra Reddy, Advocate [OpUC] Two CD Copies IAlong with the Copy of the Joint Memo of Compromise ] W 1,F S IAI{- ,/ iL I / i ._= ! 03 t:B ?021 t :" ., ,i \\ r, 't.] .<: -=;: HIGH COURT DATED:02tO1t2O2S I t COMMON ORDER l.A. Nos. 3 and 4 of 2024 in / and CRLP.No.1S1B2 of 2024 ALLOWNG THE CRLP AND l.A. Nos. 3 and 4 of 2024 *{ IN THE HIGH COURT OF JUDICATURE ::TELANGANA AT.HYDERABAD Crl.P.No. of 2024 BETWEEN: 1).K.Venugopal ReddY S/o.Narayana Reddy, Aged about 48 years, Occ: Advocate, R/o.Flat No.B-2O7, Venkata Sai Green City' Gayathri Nagar, AllaPur, Hyderabad. 2).,Smt.Shiva Kumari W/o.Venugopal ReddY, Aged about 36 years, Occ: House Wife, n1o.Ve{lkat Sai Green CitY, 60 lFeet'Rbad, Gayatri Nagar, Allapur, KukatPallY, Medchal-Malkaj giri District' AND l).The State of Telangana, Rep.by its Public Prosecutor, High Couit of Telangana, At Hvderabad. " .r -i 2). B.Srinivas S/o.Komuraiah, Aged-about 4O years, Occ: Private Employee, R/o.Plot No.508, C'Block, Venkat Sai Green CitY, 60 Feet Road, Gayatri Nagar, AllaPur, KukatPallY, Metchal-Mllkajigiri District. ... Petitioners/ Accused No.1& 2 ... Respondent ' : '.'Respondent/ De-facto ComPlainant JOINT MEMO

1. The Petitioners are the Accused No'1 & 2 in C'C'No' lgs6l2o24onthefileoftheXllJudicialMagistrateofFirst I Medchal-Malkajigiri District do hereby solemnl5; affirm and state on oath as under. (

1. I am the 2'a Respondent herein and as such I am well acquainted with the facts of the case and able to depose this affidavit

2. Based on my Complaint, the Allapur police Station, Cyberabad registered FIR No.39l /2024 and, after completing the investigation, the Police frred the charge Sheet for the offence U/sec.118(1), 351(2) of BNS against the peritioners and numbered the case as C.C.No. 1956 12024 on the hle of the XII Judicial Magistrate of First class, Medchal-Malkajgiri District at Kukatpally.

3. Recently the matter has been settled between the parties. I have no interest to prosecute the petitioners ald accordingly I have no objection to allow the criminal petition ald quash the proceedings before the trial court against the petitioners herein. Since the matter has been settled between the parties, the further proceedings before the tria,l court is abuse of process of 1aw. Hence this affidavit. Sworn and signed before me on this The 8th day of December, 2024 at Hyderabad ADVOCATE: HYDERABAD lLlr-^+ d,oA g DEPONENT

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