✦ High Court of India · 31 Jan 2025

Hyderabad High Court · 2025

Case Details High Court of India · 31 Jan 2025

Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. the High Court may be pleased to call for the records and quash the proceedangs against the petitioners in S.C. No. 679 of 2024 On The File of The Court of Special Sessions Judge For Trial Of Cases Under SCs/STs (POA) Act 1989-Cum-Vll Additional District And Sessions Judge, at LB. NAGAR, R.R. DISTRICT for the offences punishable under Sections 417,42O,376 (2) (n) IPC along with Sec. 3 (2) (v) of Prevention of Atrocities Sc/St Act in the interest of justice. l.A. NO: 2OF 2024 Petition under Section 528 ol BNSS Act, 2023 ptaying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the Petrtioners in connection with S.C. No. 679 of 2024 On The File Of The Court of Special Sessions Judge For Trial Of Cases Under SCs/STs (POA) Act, 1989- Cum-Vll Additronal District and Sessions Judge, at L.B. NA(3AR, R R. DISTRICT for the offences punishable under Sections 417,420,376 (;l) (n) IPC along with Sec. 3 (2) (v) of Prevention of Atrocities Sc/St Act pending disposal of quash Petition. l.A. NO: 3 OF 2024 BETWEEN Mr. J Vishal, S/o J Shiva Prakash, Age. 27 years,Occ. Pvt. Employee, R/o Flat No 203, Vivara Arcade. Sriramnagar B-Btock, Kondapur, Serilingampally, Hyderabad- District-Rangareddy Permanent R/o Despatrunipalem, Kothavalasa, Vijayanagaram District Andhra Pradesh. ...Petitioner/Accused AND 1 z The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad through P.S. Gachibowli. Smt. B. Mounika, D/o B. Thakur, Age.22 Years, Occu. Employee, R/o 5-24611111, H P Road, Bharatnagar, Moosapet, Hyderabad, Presently R/o H No. 9-5-68/1A, Anlaiah Nagar, Old Bowenpally, Hasmatpet, Hyderabad- 500029 ...RespondenUDe-facto Complainant .. . RespondenUState Petition under Section 359(6) of BNSS Act, 2023 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 charged in Sc No 679 of 2024 under sections 417,42O,376 (2) (n) of IPC and Sec3 (2) (v) of Prevention of Atrocities Act Sc/ST On The Frile of The Court Of Special Sessions Judge For Trial Of Cases thaw SCs/STs (Prf,A) Act, 1989-Cum- Vll Additional District and Sessions Judge, L.B. NAGAR, R.R. D|STRICT in the interest of justice. l.A. NO: 4 OF 2024 BETWEEN: Smt. B. Mounika, D/o B. Thakur, Age.22 Years, Occu. Ernployee, R/o 5-24611111, H.P. Road, Bharatnagar, Moosapet, Hyderabad, Presenfly R/o H No 9-5-68/1A, Anjaiah Nagar, Old Bowenpally, Hasmatpet, Hyderabad- 500029 ..RespondenUDe-facto Complainant AND '1 . The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad through P.S. Gachibowli. ... RespondenUState 2. Mr. J. Vishal, S/o J. Shiva Prakash, Age. 27 years,Occ: Pvt. Employee, R/o Flat No.203, Vivara Arcade. Sriramnagar, B-Block,Kondapur, Serilingampally, Hyderabad- District-Rangareddy Permanent R/o Despatrunipalem, Kothavalasa, Vijayanagaram District, Andhra Pradesh. ... RespondenUAccused Petition under Section 359(2) of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the terms of compromise and quash the proceedings in S.C No. 679 of 2024 under sections 417,420,376 (2) (n) of WC and Sec.3 (2) (v) of Prevention of Atrocities Act Sc/ST On The File Of The Court Of Special Sessions Judge For Trial Of Cases Under SCs/STs (POA) Act, 1989- Cum-Vll Additional District And Sessions Judge, at L.B. NAGAR, R.R. District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P Subash, Advocate for the Petitioner and the Additional Public Prosecutor on beh;lf of the Respondent No.1 and of Sri Paturu Madhavi, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER HON'BLE SMT. JUSTICE JUVVADI SRIDEVI [.A.Nos.3 an d 4 of 2024 in/a n d (]RIMINAL P E TITION No .15504 ol'2024 COMMON ORDER: This Crintinal Petition is filed under Section 52g of BNSS by the petitioner/accused to quash the proceedings against him in S.C.No.679 of 2024 on the file of learned Special Sessions Judge lbr 'l-rial of Cases _rnder SCsiSTs (POA) Act. 1989-cum-VII Aclditional Districr anci Sessions Judge at I-.1).Nagar, Ranga lLeddy District.

2. It is sultnrittecl by learncd counsel appcaring fbr the petitioner as rvcll as the respondent No.2, that dtuing pendency of the present C-riminal pelition, the parLies have. ,:ompromised the matter and accordingly, I.A.Nos.3 and 4 of 2024 have been filed to record the conlpromise between .hem and to compound thc oft-ences. i

3. Vide order dated 24.01.2025, this Cor"rrt directed the parties along ri,itlt their rc,specrive counsel to appertr befbre the I I Secretary, IIigh ('oLrrt L,egal Ser.vices Clonrrnittec, IJigh Court 2 for the State of Telangana, Hyderabad, for identification and to submit a report.

4. Pursuant to the above said direction issued by this Court, the parties havc appeared and the Secretary, High Court Legal Services Committec, has identified the parties and submitted a report, dated 21 .01 .2025 and the same is placed on record.

5. In view of the above, I.A.Nos.3 and 4 of 2024 are allowed. Consequently, this Crinrinal Petition is allowed and the proceedings against the petitioner/accused in S.C.No.679 of 2024 on the fi[e of learned Special Sessions Judge for Trial of Cases under SCs/STs (POA) Act, 1989-cum-VII Additional District and Sessions Judge at L.B.Nagar, Ranga Reddy District, are hereby quashed Miscellaneous applicatious, if any pending, shall stand closed. To, //TRUE COPY// Sd/. T. TIRUMALA DEVI NT REGISTRAR AS s CTION OFFICER

1. The Special Sessions Judge ForTrial OfCases Under SCs/STs (POA) Act 1989-Cum-Vll Additional District And Sessions Judge, at LB. NAGAR, R.R, DISTRICT

2. The Station House Officer, Gachibowli Police Station, Cyberabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUTI @v Telangana at Hyderabad

4. The High court Legal Services Committee, High Court fo. the State of 5 One CC to Sri p subash. Advocate tOpUCI 9 9nu 99 to Sri paruru Madhavi, Advocate 1beUCl 7 Two CD Copies 1 \ ' (Allowing with a Joint lvlemo of Compromise.) ADt(gh !A; HIGH COURT DATED:31 10112025 COMMON ORDER l.A.Nos.3 and 4 of 2024 ln/and CRLP.No.15504 of 2024 I t 1r\ .=-=:]:::\- ; Sli.i r.5--,\ 'J r.\ )\(_ \), 0l A?i 2$'25 '' c ( q a) <\ ) t DE Spa ia.l' ALLOWING THE cRLp AND tA.NOs.3 & 4 OF ZOZ4 6-Pt) 1,o \ MEMORITI+DUM€FI FII;ED-UNDER SEeIOrt3z0 i--t?rr N HIGII COTIRT FOR THE STATE OF TELAGANA AT H\'DERABAD IA,NO \ iN crt P No lfr5 ro,'o'o oF 2024 Betrveen: 1. Smt. B. Mounika, D/o B Thakur, Age.22 Y eats, Occu: EmPloYee, FUo5-24611111,HP Road, Bharahragar, MoosaPet, HYd erab lrese.rttf R/o H No. 9-5-68/1A, Anjaiah Nagar' Otd BowenPallY, Hasmatpet' Hvderabad- 500029 ---Respondent/Defacto-Complainant' .. . Petitioner/ De-F-acto Courplainant ,,{NI) l. The Sla1e olTelangan4 Rep i'y its Public Prosecutor' Flrgh Court of Judicature at Hvderabad througn r'r' Gachibou4i Respondent/State

2. l\ft. J. Vishal,S/o J. Shiva Prakash' Age. 27 Years,Occu. Plt EmPloYec' R,/o Flat No ZO:, Vicara Arcade, Sriramnagar, B-B Ioc[<,KondaPur, Seri tingamPallY,HYderabad- District-RangareddY Permanent R/o DesPatrunrPalem, Kothavalas4 Vijayanagaram District' Andhra Pradesh. JOINTMEMO Respondent/Accused I subrnrt that I am the Complarnant/ Petitioner hereitr, as such I am 1 well ac,luarttted u rth the lacts oithe case ( 2 [ subm it t}at on the basi5 of the complarnt gl vt:n by me the Policc. Gachrbolr'h I'olice station, Cyberabad Hyderabad, rogistcred a case in Crinre No 281 of 2024 under sections 417,420, 376 (2) (n) of tPC and St-c 3 (2) (v) of Prevention of Atrocities \ct Sc/ST, the Respondent to 4 and 5 along with Accused No 5 anrl the Petitioner here in i I subnrrt that upon the registration of crime, tht: Petitioncr and Accused Ntr I iurtcably resolved the issues and iisputes n.rore particularly rn ..,ierv of N{emo Ol Understanding dated 02.12 2024 and tlre marr ragc solemnized on 1 5.04 2024. MOll is filed hcrewith lor kind perusal

4. I subrnit that as per thc nlemo of understandrng the disputc betneeu me ind irll Accused is settled, in fact me arLd Accused are marncd are lcading happy matrimonial life. 5 [ subnrrt that m1, grievance has already been addressed by the Accused in vreu, of the Memorandum Of Under;tanding dated O?. 12.2024 and man-iage and complaint was given undcr apprehension that thc AccLrsed rrill not marry me which was not true and as such I am no1 interested iu prosecuting the litigation against the Atcused No.5 the Petitroncr hr'rein and thrs is the only litigation between ,:s. I may be pemitted to cornpound the offences under sections 417,42:.O,316 (2) Q't) of IPC and Sec.3 (2) (v) ofPrevention ofAtrocities Act SciST. :.fi:.$E.-i$trI ':: It is therefore prayed that this Hon'bie Court may be pleased to record the terms of compromise in view of MOU dated 02.12.2024 and quash the proceedings in S.C. No. 679 of2024 under sections 417,420,376 (2) (n) of IPC and Sec.3 (2) (v) of Prevention of Atrocities Act Sc/ST On The File Of The Hon'ble Court Of Special Sessions Judge For Trial Of Cases Under SCs/STs @OA) Act, .19S9-Cum-VII Addl. District And Sessions Judge, at L.B. NAGAR, R.R- DISTRICT, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest ofjustice @** Vishal I J. ,6Y B. Mounica (Petitioner/Accused ) (Respondent 1.1o.2/complainant/Applicant) Counsel for p L. tioner,/Accused Counsel for the Respondeni/De- oCo ff. Hyderabad Date: t) -\L.2-oLL1 Co r the Respo t/Complainant Hyderabad Date: l z (L')-oLy I L I

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