✦ High Court of India · 22 Jan 2025

The High Court · 2025

Case Details High Court of India · 22 Jan 2025
Court
High Court of India
Decided
22 Jan 2025
Bench
Not available
Length
1,640 words

The State of Telangana, Through Public Prosecutor, High Court at Hyderabad for the State ofTel-ngana Kollipara Mallika, Wo Shiva Charan, Age. 39 years, Occ: House W!!e, R/o Flat No. 1406, Manjeera Trinity Homes, Darma Reddy Colony, KPHB Colony, Hyderabad N/o Tenali, Guntur District, Andhra Pradesh. .. . RespondenURespondent 2 ...RespondenU Defacto Complainant 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 quash the CC.No.1991 of 2O2O on the file of XV Additional Judicial Magistrate of First Class at Kukatpally Medchal - Malkajgiri District. I iI I l.A. NO: 1 OF 2024 Petition under Section 528 of BNSS praying that rn the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the appearance of the petitioners/ accused no. 1 to 5 in CC No. 1 991 ol 2O2O on the file of XV Additional Judicial Magistrate of First Ctass at Kukatpally Medchal- Malkajgiri District, pending disposal of the above criminal petition. l.A. NO:2OF 2024 Between: Kollipara Mallika, Wo Shiva Charan, Age: 39 years, Occ: House Wife, R/o. Flat No 1406 Mq1.'e_era Trinity Homes. Darma Reddy Colony, KpHB Colony, Hyderabad N/c Tenali, Guntur District, Andhra Piadesh.' ...Petitioners/Defacto com plainant AND for the State of Telangana 1 The.Stle of Tetangana, Through Public prosecutor, High Court at Hyderabad ...Resp=ondenUConiplainant 2. Kollipara Shiva Charan, S/o. Venkata Bheem Rao, Age: 40 years, Occ: pvt. Employe_q, R/o Flat No 401,.H.No.1-B-81/i, AstrSl Gardenia Apartment, Temple Alwal, Secunderabad, Telangana. 3 Kollipara Sllgu1.a, Wo. Venkata Bheema Rao, Age: 69 years, Occ: House Wife, R/o. Flat No.40'1, H. No. 1- 8- 81/1, Astral Gardenia Apartment, Temple Alwal, Secunderabad, Telangana. , I

4. Kollipara Ve-nkata Bhe.ema [ao, S/o Subba Rao, Age: 71 years, Occ: Rtd., Employee, R/o- Ftat No 401, H.No.1-B-81/1, Astril Garcienia Apartment, Temple Alwal, Secunderabad, Telangana

5. Lagumavar-apuRoja Malathi, S/o. Venkata Bheema Rao, Age: 44 years, Occ: House Wife. R/o. Ftat No. 401, H.No.4-41, Vikas Nigar, OSrun, Vo Vishnupuram (V), Damarcherla (M), Nalgonda Dist., Telangaia

6. Lagumavarapu Chandra Shekar, S/o Sathyanarayana, Age: 46 years, Occ: Pvt., Employee Rl/o. Ftat No {01, H Nd4-41,'Vikas lriagar, bSrun, rulo Mshnupuram (V), Damarcherla (M), Nalgonda Dist., Telangaria ...Respondenu accused 1 to 5 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 perrnit me to compound the offences under Sections +Sg- n ot tpc and Section 3 & 4 of DP Act and quash the proceedings in CC No. 1991 ol 2O2O on the file of XV.Addl Judicial Magistrate of First class at Kukatpally Medchal- Malkajgiri District. .A. NO: 3 OF 2024 Petitron under Section 359 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 quash the proceedings in CC No. 1g91 of 2020 on the file of XV Addl Judicial Magistrate of First Class at Kukatpaily lrrledchal- Malkajgiri District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S. Kiranmayee, Advocate for the Petitioners and the Additional public prosecutor on behalf of the Respondent No.l and of Sri M. Triveni, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER HON'IILII SMT. JUSTICE JU\ryADI SRIDT]\/I I.A.Nos.2 and 3 of 2024 in/and CR]MINAL PETITION No.16064 of 2024 COMMON I)ITDEII.: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos.l to 5 to cluash the proceedings against them in C.C.No.1991 of 2020 on the file of XV Additional Judicial Magistrate of First Class at Kukatpally, Medchal-Malkajgiri District, registered for the off'ences punishable under Sections 498,4, of IPC and Sections 3 and 4 of Dcwry Prohibition Act.

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

3. Vide or:der dated 06.01.2025, this Court directed the parties along v,,ith their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court I I J 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 have appeared. and the Secretary, High Court Legal Services Committee, has identified the parties and submitted a report, dated lO.Ol .2025 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.l to 5 in C.C.No.1991 of 2020 on the file of XV Addirional Judicial Magistrate of First Class at Kukatpally, Medchal_Malkajgiri District, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/- V. HARI PRASAD AS STANT REGISTRAR SECTION OFFICER To, \ - Malkajgiri District.

1. The XV Additional Judicial Magistrate of First Class at Kukatpally Medchal 2. The Station House Officer, KPHB Police Station' Medchal District' 3. Two ccs to the public pibsecrtor, High court for the state of relangana a o--n" Cd to Sri ;. 6;; cc io sri rrl rriveni, hdvocate [oPUc] 6. Two CD CoPies Kiranmayee' Advocate.[oPUC] at Hyderabad. [OUT] 'S. (Along with a Copy of Joint Memo of Compromise) k kam I HlGH COURT DATED:2210112025 COMMON ORDER LA.Nos.2 and 3 of 2024 in/and CRLP.No.16064 of 2024 t hE. Sl4/ C ( o 2BFI: ll25 ( ( ! ( * I BOTH l.As AND CRIMINAL PETITION A,RE ALLOWED a La' ry' MEMORANDUM OF CRL.p.M.p. FrLED U/S 3se oF BNSS) IN THE HIGH COURT oF IUDICATURE AT :T HYDERABAD FOR THE STATE OF TELANGANA Crl.P.M.p. No. In Criminal Petition No. of 2024 of 2024 Between:- l) Kollipara Shiva Charan, 5/o. Venkata Bheem Rao, Age 40 years, Occ: pvt., Employee, R/o. Flat No. 4Ol, H. No. l-B-Bt/I, Astral 6ardenia Apartment, Temple flwal, Secunderabad, Telangana. 2) Kollipara Suguna. Wo. Venkata Bheema Rao, Age 69 years, Occ: House Wife. R/o. Flat No. 401, H. No. I-B-BI/1, Astral Gardenia Apartment, Temple Alwal, 5ecunderabad, Telangana. 3) Kollipara Venkata Bheema Rao, 5/o. Subba Rao, Age:71 years, Occ: Rtd., Employee, Vo. Flat No.4O1, H. No. l-8-81/1, Astral Gardenia Apartment, Temple Alwal, Secunderabad, Telangana 4) Lagumavarapu Roja Malathi, 5/o. Venkata Bheema Rao, Age: 44 years, Occ: House DUife, R/o. Flat No. 4Ol, H. No. 4-41, Vikas Nagar, DSNR, N,uo: Vishnupuram (V), Damarcherla (M), Nalgonda Dist., Telangana 5) Lagumavarapu Chandra Shekar, 5/o: Sathyanarayana, Age 46 Years, Occ: Pvt., Employee, Vo. FIat No.401, H. No.4-41, Vikas Nagar, DSNR, N/o: Vishnupuram (V), Daniarcher:la (M), Nalgonda Dist., Telangana .. Petitioners/ accused 1to3 \ AND 1) The State of Telangana Through Public Prosecutor. High Court at Hyderabad for the Staie of Telangana .. Respondent/ Respondent 2) Kollipara Mallika Wo: Shiva Charan. Aged 39 years, Ctcc. House Wife, R/o. FIat No. 1406. Manjeera Trinity Homes. Darma Reddy Colony, KPHB Colony, Hyderabad N/o: Tenali, Cuntur District, AndhraPradesh Respondent/ Defacto complainant IOINT MEMO 1) It is submittecl that the Petitioners herein filed the above Quash Petition seeking to quash the proceedings in CC No. l99l of 2020 on the file of XV Addl Judicial Magistrate of First Class at Kukatpally Medchal- Malkajgiri District, for the offence under Sections 498-A of IPC and Section 3 & 4 of DP Act. The Respondent No. 2 has lodged the above case against the Petitioners under Sections 498-A of IPC and Sectlon 3 & 4 of DP Act, wherein the Petitioner were figured as Accused No. I to 5 and the matter is pending before this Hon'ble court. 2) We submit that at the instance of elders and well-wishers, all the parties including all of us have come to a conclusion to settle the disputes pending before this Hon'ble Cour by entering into an MOU dated 17.12.2024. As such we have filed a Petition seeking the Hon ble Court to record the Compromise. The content mentioned in the saicl Compromise Petition is true and correct to the best of our knowledge and belief. The said compromise is entered with free will and consent and without any undue influence from any one. Hence, we are filing the present joint affidavit. Hence this joint memo. Hyderabad, Date :A .72.2024 Counsel for Pe ,,[]il." Rao) Counsel io, Ru.pffit No.z r.''q (Kollipara Shiva Charan) (Kollipara Suguna) F' 5u'\ 'ru( \r B (Ko11i para Venkata Bheema L.&.3" tvJo@ (Lagumavarapu Roja Malathi) ' (Lagumavarapu Chandra ar) f"$- (Koiiipara Mallika)

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