Maheshwaram Mandal, Ranga Reddy District v. Functicning from Honorable High court Bullding

from Honorable High Court Building. .. . RespondenURespon dent No. 1

2. Kottam Penta Reddy, S/o Ramakrishna Reddy, Aged about 57 Years, Occ. Agriculture, Caste. Reddy, R/o H. No. 1-38, Akanally Village, Maheshwaram Mandal, Ranga Reddy District.

3. Vangdavath Jithender @ Vankadavath Jithender, S/o Harisingh, Aged about 39 Year, Occ RTC Conductor, R/o H. No. 2-7, Akanpally Village, Maheshwaram Mandal, Ranga Reddy District. ...Petitioner/Accused No. 3 and 4 l.A. No. 2 ot 2024 Petition under Sectron 359(6) of BNSS praying that in the circumstances stated in the Affidavit and Compromise Permission petition, the High Court may be pleased to permit the Petitioner/Defacto Complainant No. 2 to compromise the Matter in C.C.No. 87 of 2024, in terms of MEMORANDUM OF Understanding, to that effect Lw1/Respondent No. 2, Filed his affidavit, before this Honourable High Court and identify of PetitioneriAccused No. 1 and 2 and respondent No. 2, that is Lw1 is identified by their counsel l.A. NO: 3 OF 2024 Petition under Section 359(2) of BNSs praying that in the circumstances stated in the Affidavit and Joint Memo Compromise, the High Court may be pleased to record the compromise in Crl.P.No.15845 of 2024 and quash the proceedings in C.C No. 87 ot 2024, in terms of MEMORANDUM OF Understanding, to that effect Lw1/ Respondent No.2, Filed his affidavit, before this Honorable High court and identify of Petitioner/accused No.1 and 2 and respondent No.2. that is Lw'1 is identified by their counsel. This Criminal Petition and LA. Nos. 2 & 3 ot 2024 coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and affidavit and Joint Memo of Compromise in l.As and upon hearing the arguments of Sri M Rathan Singh, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and of Sri John Singamani Joseph for the Respondent No. 2. The Court made the following: Common Order HON'BLE SMT. JUSTICT' JUVVADI SRTDEVI I.A.Nos.2 and 3 of 2024 in/and CRIMINAL PBTITION No.15845 of 2024 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos.3 and 4 to quash the proceedings against them in C.C.No.87 of 2024 on the file of Junior Civil Judge-cum-XVII Additional Metropolitan Magistrate, Maheshwaram, Cyberabad at Maheshwaram, Rachakonda District, registered for the offences punishable under Sections i20B, 406,420 r/w 34 of IPC.

2. lt is submitted by learned counsel appearing for the petitioners as rvell as the respondent No.2, that during pendency of tl.re present Crirninal Petition, the parlies have compromised the matter and accordingly, LA.Nos.2 and 3 of I 2024 have been filed to record the compromise between them and to compound the offences.

3. Vide order dated 26.12.2024, this Court directed the ( parlies along rvith their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court for the State of Telangarla, Hyderabad, for identification and to submit a report.

4. Pursuant to the above said direction issued by this Cou;.t, the parties have appeared and the Secretary, High Court Legal Services Comrnittee, has identified the parties and submitted a report, dated 28.12.2024 and the same is placed on record.

5. In view of the above, I.A.Nos.2 and 3 of 2024 are allowed. Consequently, this Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.3 and 4 in C.C.No.S7 of 2024 on the file ol- Junior Civil Judge-cum-XVII Additional Metropolitan Magistrate, Cyberabad Maheshwaram, are hereby quashed. Miscellaneous applications, il any pending, shall stand closed. //TRUE COPY// I Sd/. A. SRI]NIVASA REDDY ASSI TANT REGISTRAR I SECTION OFFICER To, \ \

1. The Junior Civil Judge Cum XVll Additional Metropolitan Magistrate Cyberabad at Maheshwaram, R.R. District.

2. The Station House Officer, Maheshwaram Police Station, Rachakonda District.

3. The Secretary, High Court Legal Services Committee, High Court Buildings, Hyderabad

4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

5. One CC to Sri M Rathan Singh, Advocate [OPUC] 6. Two CD Copies (Along with Joint Memo of Compromise) DL HIGH COURT DATED:03/01/2025 I r4=:_:--r:.-. -oF rEr-, ,g\ ,,F- /, /;rtto ..1 U o"s l1 :t ";) q.*g?t ./ )' ORDER .2 and 3 of 2024 t.A. ln/And CRIMINAL PETITION NO: 15845 OF 2024 ALLOWING I.A. NOS. 2 AND 3 OF 2024 AND CRIMINAL PETITION @'o* 99x4 -,nV' . MEMORANDUM OF THE CRIMINAL PETITION FILED UNDER SECTION 528 of BNSS ACT OF 2023 BEFORE THE COURT OF THE I'IONOURABLE HIGH COURT OF JUDICATURE, FORTHE STATE OF TELANGANA Crl. P. No. lllqt tzoz+ Between:- 1. Kottam Penta Reddy S/o Ramakrishna Reddy Aged about 57 Year, Occ: Agriculture Caste: Reddy, Rlo H' No' 1-38' A'kailnally Village Maheshwaram Mandal, Ranga Reddy District

2. Vangdavath Jithender @ Vankacia';ath lithender S/o Har:isingh' Aged about 39 Year, Occ: RTC Condiictcr' R/o H. No. 2-7, AkanPallY Village' Maheshwaram Mandal, Ranga Reddy District Petitioner/ accused No'3 and 4 Vs

1. The state of Telangana, represented by its Public Prosecutor Functicning from Honorable High court Bullding

2. Ch. Ramesh Chandra Bose S/o Latq Krishna Mufthy Aged about 41 Year, Occ: Business( Civil side) R/o Plot NO. 67, Shree Enclave, Yapral, Secunderabad Respondent No.1 and 2 Joint Memo May it Please Your Honor It is Humbly submitted that, as Petitioner/ accused No'3 and 4, approached respondent No.2, to compromise the Matter in C.C. No. 87 of 2024, in terms of MEMORANDUM OF Understanding, to t.hat effect Lw1/ Respondent No.2, Filed his affidavit, ibefore this Honorable High court and identifo of Petitioner/ accused No.1 and 2 and respondent No.2, that is Lwl is identified by their counsel. Her:ce this loint Memo {-'t sed No.3 and 4 ,u,,,,oL1 Respondent/ Comp lainant No.2 Place: Hyderabad Dated l2--12_ -%7tf Counsel for Petitioner aff o3 and 21 Ccunsel for Respondent No.2 and€ ,t O/ W A thl, Memorandum of Understanding is entered by and between the Parties, on this 13th Day of December 2024, at Hyderabad: -

1. Kottam Penta Reddy S/o Ramakrlshna Reddy Aged about 57 Year, Occ: Agriculture Caste: Reddy, R/o H' No. 1-38, Akanpally Village Maheshwaram Mandal, Ranga Reddy District

2. Vangdavath lithender @ VankadaVath lithender S/o Harisingh, Aged about 39 Year, Occ: RTC Conductor, R/o H. No. 2-7, AkanPallY Village, Maheshwaram Mandal, Ranga Reddv District ( Herein after shall be referred as the First Pafi to the Memorandum of Understanding) Vs

1. Ch, Ramesh Chandra Bose S/o Late Krishna Murthy Aged about 41 Year, Occ: Business( Civil side) R/o Plot NO. 67, Shree Enclave, Yapral, Secunderabad ( Herein after shall referred as the Second Party to the Memorandum of r\L \'* Understanding) v/ I ,9 whereas the second Party had placed the information with the station I House officer of P.S Maheshwaram, on the strength of the allegation, that, he was deceived by accused No.1 to 4, by in tandom and caused wrongful loss to him and wrongful gain to 1s Partry, in the context of Memorandum of Understanding and accused 1 and 2.

2. on such information, station House officer of p.S Maheshwaram, issued the F.I.R No. 278 of 2023, for the allegation, punishable Under the Head of 406, 420 of LP.C R/w section tz}- B and 34 of I.p.C and subsequenUy, entrusted the investigation to the investigation officer, who after doing the information and issuing the Notice, to the accused Under section 41 of cr.P.c and filed the charge sheet, on the file of Learned Magistrate, that is Honorable Junior civil Judge Cum XViI Additional Metropotitan Magistrate, Maheshwaram, ryberabad, at Maheshwaram, Ranga Reddy District and such Learned Magistrate took the cognizance of the charge sheet, by allotting c.c. No. 87 of 2oz4 and issued the summons to the accused and Pursuant to such summons, accused No.1 to 4 Marked their appe71ce. \(\".{"^'Y \ t "(J4/-

3. whereas 1o Party approached the second Party' by stating that' in fact, they were cheated by accused. No'1 and 2' who took the substantial Money, on their name' despite' second Party' had Paid' Rs 1 crore and 50 Lakh to the accused No.1 and 2, in tandom and Persuaded second Party to withdraw the C'C Thus this Memorandum of Understanding is executed' as among Follows' to avoid the Cleavage of OPinion

1. whereas First Party, while going fonruard' approached the second Party' to withdraw the C'C against them' by stating that' though they had not received substantiar amount, as a matter of fact, they received Paltry amount, however, to do good of the loss sustained by second Party' 1* Party, Proposed to Pay an amount of Rs 53' Lakh' al together amount is Paid bY way of rDemand draft, Vide bearing No. 36( (oo, 36'sxqr'l 6+ rr3:51f1il"uh, ,8 U& and Further ProPosed with and said second Party, tosalethedisputeland,forwhich,secondParty, considering the fact, that' he is dire state of Money' agreed to ( above Money and agreed to sale the disputed land, to 1* of 1( pafi, as 1s Party of 1$ Part is willing to Purchase the dispute land

2. 1$ Paty, agreed, the amount as Proposed to be paid, above, has nothing to do, with the Money, which, second Party, had paid to accused No. 1 and 2 in the C.C, that is Naragani Ramadevi and her Husband and that, second Party is at liberty to Prosecute the civil suit, filed by him, against the Naragani ramadevi, which is Pending as O.S No. 106 of 2024, Pending on the file of Honorable Metropolitan sessions Judge, at Malkajgiri- Medchal district.

3. t$ earty had agreed that they will, come and forward, to depose, if require, to depose in the Civil suit, as stated above. Thus this Memorandum of Understanding is entered by 1* and znd parg, with their Free willingness and no Undue coercion is acted upon them, in the Presence of the witne , on this 12th ay of December 2024. t v +--l' &- rnfir i { I I I i I I I l ^P \ i l"'" First Party Second Parlry Witnesses 1

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