✦ High Court of India · 03 Jan 2025

The High Court · 2025

Case Details High Court of India · 03 Jan 2025
Court
High Court of India
Decided
03 Jan 2025
Length
1,522 words

Petition under Section 528 of BNSS praying that in the circumstances stated in the ltlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to in CC No. '1312019 on the file of Judicial lvlagistrate of First class at Armoor Nizamabad District and to quash the ...Respondents same to the extent of Petitioner / A 1 - I.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 all further proceedings in CC No. 1312019 including the appearance of petitioner on the file of Judicial Magistrate of First class at Armoor Nizamabad District. l.A. NO: 3 OF 2024 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 permir the petitioner / respondent No- 2 to compound the offense against the petitio ner/accused No. '1 to quash the cc No 13/2019 on the file of Judicial Magistrate of First Class at Armoor in the interest of justice. l.A. NO: 4OF 2024 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 to quash the CC No 13/20-19 on the file of Judicial Magistrate of First class at Armoor against the petitioner/A1 in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum.of Grounds of criminal Petition and upon hearing the arguments of sri Anand Boini, Advocate for the Petitioner and the Additional public prosecutor on behalf of the Respondent No. ' and of Sri G Madhusudhan Reddy, Advocate for the Respondent No. 2. The Court made the following Common Order : ,. I IION'BLE SMT. JUSTICE JUVVADI SRIDEVI I.A.Nos.3 and 4 of2024 in/and CRIMINAL PETITION No.15 COMMO N ORDER: ,, 23 of2024 This Criminal Petition is filed under Section 528 of BNSS by the petitioner/accused No.1 to quash the proceedings against him in C.C.No.13 of 2019 on the file of Judicial Magistrate of First Class at Armoor, Nizamabad District, registered for the offences punishable under Sections 441 ,250 and 506 of IPC.

2. It is submitted by learned counsel appearing for the petitioners as well as the respondent No'2, that during pendency of the present Criminal 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 the offences. , t

3. Vide order dated 26-12.2024, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court I t I \ ! \ 2 for the State of Telangana, Hyderabad, for identification and to submit a reporl

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Clommittee, has identified the parties and submitted a report, datr:d 28.12.2024 and the same is placed on record. 5 In view of the above, I.A.Nos.3 and 4 of 2024 arc allowed Consequently, this Criminal petition is allowed and the proceedings against the petitioner/accused No. r in C.C.No.lU of 2019 on the file of Judicial Magistrale of First Class at Arrnoor, Nizamabad District, are hereby quashed Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/- K. AMMAJI ASSISTAN I REGISTRAR \ v 1 seo!r ON OFFICER -\ To, 1 2 ) 4 5 6 Vtugh The I Judicial First Class Magiskate at Armoor The Station House Officer, Balkonda PS, Nizamabad District Two CCs to the Public Frosecutor, High Court for the State of Telangana, Hyderabad [OUT] One CC to Sri Anand Boini, Advocate [OPUC] One CC to Sri G lrladhusudhan Reddy, Advocate [OPUC] Two CD Copies I Along with the Copy of the Joint Memo of Compromise ] HIGH COURT DATED:0310112025 COMMON ORDER l.A. Nos. 3 and 4 of 2024 in / and CRLP.No.15223 ot 2024 ALLOWING THE CRLP AND l.A. Nos. 3 and 4 ot 2024 lnU r HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD t I.A.NO. CRL.P.No. oF 2024 oF 2024 BETWEEN: K.Venkata Ramana Reddy S/o K.Sridhar reddy Aged about 68 years Occ: agriculture R/o Chittapur village, Balkonda mandal Nizamaabad District ...Petitioner /Accused No r AND l.state of Telangana rep by its Public prosecufor, High court at Hyderabad.

2.Dharmaie Raja Lingam S/o Chinnaiah Aged about 40 years Occ: agriculture R/o Chittapur village, Balkonda mandal Nizamabad District. Respondents IOINT MEMO FILED BY THE PETITIONER AND RESPONDENT NO.2 May it please your lordship,

1. It is submitted that respondent No. z given a complaint on 3.3.2018 before the police Balconda against the petitioner and the accused No.2 and 3, that the petitioner/ar and the accused No. z and 3 are entered into the lands of the respondent No2 in survey No 19 and 20 and damaged the crop and teak tress and furthef violated the decree and judgement in OS 65/2011 dated 22.t1-.2ot7.basing on the said complaint the police Balconda registered the crime vide 22/LB dated 25.g.2o18 and thereby filed the charge for the offense rt/s 447, 29o and 506 IPC and the crime is numbered as CC 73/2oig and the same is pending on the file of JFCM cum Principal Junior Civil Judge at Armoor. fu,"* s ERfi' J 5

2. It submitted that the intervention of the well-wishers and eldert of the both parties settled the matter amicably out of the court. That due to the said reasons, I came forward to withdraw the complaint for which I am also executed an Affidavit stating that I am ready to withdraw the: above said case only against the accused No r/petitioner in quash pet..tion. That all the offense are compoundable. That the petitioner in quash petition agreed that neither the petitioner not his legal heirs nor his henchmen will not interfere into the peaceful possession and enjoyment of the agricultural lands in survey No. 19 and zo extent ac 4.11 gts situated at chittapur village Balkonda mandal, Niz;rmabad district in any manner and he will not claim anything in the above subject lands. It is sr:bmitted that the matter is settled out of the court, the 3. respondent No.2 ready to withdraw the case against the petitioner/accused No 1in quash petition by considering aIl the above circumstances this Hon'ble Court may be pleased to quash the proceedings in CC No t3lzotg on the file of Judicial Magistrate of first class at Afinoor otherwise the petitioner /accused \io. r and their family members will suffer irreparable loss. That the petitioner in quash petition agreed that neither the petitioner not his legal heirs nor his henchmen will not interfere into the peaceful possession and enjoyment of the agricultural lands in survey No. 19 and 20 extent ac 4.11 gts situated at chittapur village Balkonda mandal, Nizamabad district in any manner and he will not claim anything in the above subject lands.

4. It is submitted that on the intervention of the weil-wishers and elders of the l:oth parties settlec the matter amicably out of the court. That due to the said reasons, the respondent No 2 came forward to withdraw t]-rt: complaint for which I am also executed an Affidavit fir"l W I 'ti Wi. 4 stating that the respondent No. z ready to withdraw the above said case against the petitioner/accused No.1. It is submitted that the matter is settled out of the court, the 5. respondent No. z ready to withdraw the case against the petitioner/accused No. 1 considering all the above circumst'ances this Hon'ble Court may be pleased to quash the proceedings in CC NO' 13 OF 2o1g on the file of Judicial Magistrate of first class at Armoor otherwise the petitioner and their family members will suffer irrepaiable loss. It is therefore prayed that this Hon'ble Court may be pleased to record the compromise and to quash the CC NO. 13 OF 2019, on the file of Judicial Magistrate of first class at armoor against the petitioner /accused No. 1 in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case' Hence, this Joint Memo. HYDERABAD DATEi 9.L2.2o24 Counsel for Petitioner l.ru Counsel for ResPonde nt Nt b tu? Petitioner s.- lz{< u RespondeHt No. 2

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