✦ 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
Length
1,362 words

2. Bandari Mounika, D/o Narsing Rao, aged about 26 years, occ Private Employee, r/o H. No. 10- 3912 Sri Sai Samaj PVN colony, Malkajgiri. ...RespondenUComplainant Petition under Section 528 of B.N.S.S prbying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in F. l. R. No. B2B of 2024 on the file of Malkajgiri Police Station, Rachakonda Commissionerate, Medchal Malkajgiri District. l.A. NO: 2OF 2024 Petition under Section 528 of B.N.S.S. 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 proceedrngs in F. L R. No. 828 of 2024 on the file of Malkajgiri Police Station, Rachakonda Commissionerate, Medchal Malkajgiri District pending disposal of the Criminal Petition. .' l.A. NO: 3 OF 2024 Between: Bandari Mounika, D/o Narsing Rao, aged about 26 years, occ Private Employee, rio H. No. 10- 3912 Sri Sai Samal PVN colony, Malkaigiri. ...Petitioner/Respondent No. 2 AND

1. Bhagati Nagaraju, S/o Bhagati Srinivasa Rao, Aged about-2S years, Occ Privite Eriployee, rlo -H. No. 4431, Nagendra Putta Lakshmi Narasimhapuram, Nandivada Krishna District.

2. Smt. Bhagati Ramadevi, Wo Bhagati Srinivasa Rao, Aged about 40 years, Occ Hous-ewife, r/o H. No. 4- 431, Nagendra Putta Lakshmi Narasimhapuram, Nandivada Krishna District. . . . Respondents/Petitioners 3. The State of Telangana, Through S. H. O. , Malkaigiri Police- Statton, Rachakonda Commiisionerate M;dchal Malkajgiri District, rep. By Public Prosecutor, High Court, Hyderabad. ...RespondenURespondent No. 1 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 permit the petitioner herein to compound the offences U/Sec 376 (2) g\, a2O, 417 of IPC and Sec 3 (2)(v) of SC/ST (POA) Act, 2015 and to quash the proceedings in F. L R. No. 828 oI 2024 on the file of Malkajgiri Police Station' Rachakonda Commissionerate, Medchal Malkajgiri District. l.A. NO: 4OF 2024 Petition under Section 359(2) of B.N.S.S. 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 proceedings in F.l.R. No.828 ot 2024 on the file Malkajgiri Police Station, Rachakonda Commissionerate Medchal Malkajgiri District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Madhavaram Ashok Rao, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. '1 and of Sri K. Shrikanth, for the Respondent No. 2. L The Court made the following: ORDER HON'BLE SMT. JUSTICE JUVVADI SRIDEVI I.A.Nos.3 and 4 of2024 in/and CRIMINAL PETITION No.16182 of2024 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos.l and 2 to quash the proceedings against them in F.I.R.No.828 of 2024 of Malkajgiri Police Station, Rachakonda Commissionerate, Medchal-Malkajgiri District, registered for the offences punishable under Sections 376(2)(n), 420, 417 of IPC and Sections 3(l)G) (s),3(2)(v) of SC/ST (POA) Act,20l5. 2 It is submitted by learned counsel appearing for the petitioners as well as the respondent No.2, that during l I l 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.

3. Vide order dated 07.01.2025, this Court directed the parties along with their respective counsel to appear before the ( l Secretary, High Court Legal Services Committee, High Court 2 for the State ofTelangana, 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 09.01 .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 Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.l and 2 in F.I.R.No.828 of 2024 of Malkajgiri Police Station, Rachakonda Commissionerate, Medchal-Malkaj giri District, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed. Sd/- P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Malkajgiri District at Malkajgiri. '1 The Principal Junior Civil Judge-Cum-Metropolitan Magistrate, Medchal_ 2 The Station House officer, Markajgiri porice Station, Rachakonda District. 3. Two CCs to Public Prosecutor, High Court for the Siate of Telangana at 4. The Secretary, High court Legat Services committee, High court Buirdings, Hyderabad (OUT) Hyderabad t t une cL to 5rl. Madhavaram AshoK Kao, AqVOCare turuu'l One CC to Sri K. Shrikanth, Advocate [OPUCI Two CD GoPies

5. 6. 7. DUgh / I \ ( Enclosed a coPY of Joint Memo) e- HIGH COURT DATED:221O112025 \ \ COMMON ORDER l.A. Nos. 3 and 4 oI 2O24 ln/and CRLP.No.16182 ot 2O24 I.A. NOS. 3 AND 4 OF 2024 ARE ALLOI/YED AND CRIMINAL PETITION IS ALLOWED , I e STAI€. 1 c ,') 21 ttB 2[25 f)* LATpS \i t .+ A i IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl.P.No. of 202t + against F.I.R. No. 828 of2024 (on the file of the Malkajgiri Police Station, Rachakonda Commissionerate, Medchal Malkajgiri District ) Between: 1) Bhagati Nagaraju s/o Bhagati Srinivasa Rao Aged about 25 years, occ: Private Employee 2) Smt. Bhagati Ramadevi w/o Bhagati Srinivasa Rao 6v.)ou.-5-ui $''nii- r. : Aged about 40 years, occ: Housewife Both are r/o H.No. *431, Nagendra Putta Lakshmi Narasimhapuram, Nandivada Krishna District. . Petitioners/Petitioners 1) The State of Telangana, through S.H.O,, Malkajgiri Police Station, Rachakonda Commissionerate Medchal Malkajgiri Distri@ rep. By Public Prosecutor, High Court, Hyderabad. 2) Bandari Mounika d/o Narsing Rao, aged about 26 years, occ: Private Employee, r/o H.l,lo. 10-3912 Sri Sai Samaj PVN colony, Malkajgiri. ..Respondents/Respondents lo NT MEMO FILED BY THE PETMCNER AND RESPONDENT NO.2 I 1) It is submitted that the basing otr the complaint given by the 2d respondent before the Malkajgiri Police Station, Rachakonda Commissionerate, Medchal Malkajgiri District, registered a case in FIR No. 828 of 2024 for the offence U/Sec. 376 (2) (n), 420, 417 of IPC and Sec. 3 (2Xv) of SC/ST (POA) Act, 2015 and as per the contents of the complaint, the 2d o B.*.f"r"C- FLl*/+ I I I I J I 1 : I I ,| ,#,* -2- respondent alleged that the petitioner No'l under the pretext of marriage' developed physical relationship and refused to marry her' 3) It is submitted that during the pendency of the above case' the petitioner No.1 and the 2nd respondent herein have compromised the matter andbothofthemhaveagreedtomarryarndaccordinglytheparentsofboth sides have agreed to perform the marriar-re and proposed to fix the date of marriage and the 2nd respondent herein has agreed to withdraw the said cae unconditionally. In view of the said settlement' continuation of the proceedings in FIR No' 828 of 2024 will not serve any purpose and hence liable to be quashed. In view of the above it is prayeJ that this Hon'ble Court may be pleased to record the compromise and que:sh the proceedings in F'I'R'No' B2B of 2[74on the file of Malkajgiri Police Station' Rachakonda Commissionerate' Medchal Malkajgiri District, in the interest 1lf justice =t\- COUNS EL FOR PETMONERS \r- COUNSEL FOR RES.NO.2 n;ffi,Ho d&) R P v \ RESPONDENT NO.2

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