The High Court · 2025
Case Details
1. G. Amrutha, D/o, G. Srinivasulu, Wo. M. Naresh, age 22 years, Occu- House wife, R/o H.No. 1-8-357/2, Shamprasad Nagar, Chikkadpally, Hyderabad_ 2. The State of Telangana, Through The Station House Officer, Chikkadpally Police Station, Hyderabad commissionerate, Rep by its Public Prosecutor, High Court for the state of Telangana,Hyderabad. ...RESPONDENT No.1 & 2 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 proceedings against the petitioner/Accused in SCPCS No.265 of 2019 on the file of Fast Track Special Court For Expeditious Trial Of Rape And POCSO Act Cases at HACA Bhavan, Hyderabad (Chikkadpally Police Station, Hyderabad). - l.A. NO: 2 OF 2025 Between: G. Amrutha, D/o, G. Srinivasulu, Wo. M. Naresh, age 22 yearc, Occu- House wife, R/o H.No. 1-8-35712, Shamprasad Nagar, Chikkadpally, Hyderabad. AND ...PETITIONER/RESPONDENT NO..I
1. Doulagar Rahul, S/o. D. Vasanth Rao, aged 29 years, Occu- Photographer, R/o B-49, Plot-No. 6, Baghlingampally, Hyderabad. 2' The state of rerangana, Through rhe Station House officer, chikkadpaily Porice station, Hyderabad-commissionerate, Rep by its puoric prosecJtorl High Court for the state of Telangana, Hyderabad. ...RESPONDENT No.1 to 2 Petition under Section 359(6) RAr'r/ 528 of BNSS praying that in the circumstances stated in the Memorandum of Grotrnds of cri;in;r p.t,tion,it," High Court may be pleased t9 grant permission to the petitioner/ R 1 to -Tiack compound the offences in scpcs No.zos of 2019 on the fire of Fast Special court For Expeditious Trial of Rape And pocso Act cases "- naCn Bhavan, Hyderabad (chikkadpaily porice Station, Hyderabad uno riqrlt nr. "1 l.A. NO: 3 OF 2025 Petition under Section 359(2) R/w 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of cri;in;r putition,in" High court may be preased to record compromise in SCpcS No.26s oir01'g'.n the file of Fast rrack Speciar court For Expeditious Triar of nape nna pocso Act cases at HACA Bhavan, Hyderabad (chikkadpary porice station, Hyderabad) and acq uit R1. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon heJrini the arguments of sri yemmiganur soma srinath Reddy, Advocate for the petitioner and of sri D. siva Kumar, Advocate. lol Jf,9 Respondent No. j and Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.2. The Court made the following: ORDER I I THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.85 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings against the petitioner in SCPCS No.265 of 2019, on the file of the Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases at HACA Bhavan, Hyderabad.
2. The petitioner is sole accused in the Sessions Case registered for the offences punishable under Sections 354(4), 509 of the lndlan Penal Code, '1860 and Section 12 of the Protection Of Children from Sexual Offences AcL,2012 (for short 'POCSO Act').
3. Heard [Vlr.Y.Soma Srinath Reddy, Iearned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.D.Siva Kumar, learned counsel for the respondent No.2/de-facfo complainant
4. Pending this petition, the parties have entered into the compromise and, accordingly, responde nt No.2l deJaclo complainant filed l.A.Nos.2 and 3 of 2025 with the prayer to permit them to enter into compromise ]I r rtJ's.,- Tr.!, THE HONOURABLE SRI JUSTICE N.TUKARAMJI l.A.Nos.2 AND 3 OF 2025 ln/And CRIMINAL PETITION No.85 OF 2025 COMMON ORDER This Criminal Petition is filed under Section 528 of Bharatiya . Nagarik Suraksha Sanhita, 2023 ('for short 'BNSS, 2023') seeking quashment of the proceedings against the petitioner in SCpCS No.265 of 20'19, on the file of the Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases at HACA Bhavan, Hyderabad.
2. The petitioner is sole accused in the Sessions Case registered for the offences punishable under Sections 354(,4), 509 of the lndian penal Code, 1860 and Section 12 of the Protection Of Children from Sexual Offences AcL,2012 (for short 'POCSO Act'). 3 Heard Mr Y.Soma Srinath Reddy, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, li:arned Additional public Prosecutor, representing the respondent No.1-State and Mr. D.Siva Kumar, learned counsel for the respondent No.2/de-faclo complainant.
4. Pending this petition, the parties have entered into the compromise and, accordingly, respondent No.2/de-facto complainant filed l.A.Nos.2 and 3 of 2025 with the prayer to permit them to enter into compromise \-- T L.l.\r.'.)a t I //t:02, /n/ t/rn' t,.11 \r.,tt,, )i 't \-'1 - \, and by recording the setrement to quash the proceedings against the petitioner/accused in SCPCS No.265 of 2O1g.
5. This Court vide order dated 10 01 2025 referred the parties to the High court Legar services committee for identification and to verify the voluntariness in arriving the setilement. The Secretary, High Court Legal services committee, has submitted report dated 22 01 2025 stating that the parties are identified by their respective counser and also on verification of Aadhar cards/rdentity cards and the enquiries revear that the parties have willful and without coercton entered into settlemenUcomprom ise. b I have considered the submissions of the iearned counsel and perused the materials on record 7' The accusations against the petitioner in the porice Report are that, on29.07.2019 at about 20:00 hours, while the victim minor girl was on her way to home by walk at Shyamprasad Nagar, Baghlingampally, meantime' the pe'titioner/accused came from backside on two wheerer, stopped beside her and harassed her sexually by uttering salacious words and outraged her modesty. Having considered the allegations and taking into account the amicable setflement between the parties. in the I I I t /. I \ !..-' t':.i ] ai l02i ;,: i 4 ",1 t'.,,. P. \t.^'t ti202; light of the dictums in Gian Singh v. State of Puniab and anothe/ and Anit Mishra v. State of U.P.2; Stafe of Madhya Pradesh v- Lax:mi Narayan and others3, this Court is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr.P.C.1528 of BNSS, 2023, would be in the interest of justice. B. Accordingly l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all the proceedings in SCPCS No.265 of 2019, pending on the file of the Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases at HACA Bhavan, Hyderabad, are hereby quashed against the petitioner/accused. I ln the above terms, the Criminal Petition is disposed of Pending mis;cellaneous applications, if any, shall stand closed I /s1t Go) scc 3o-) '2oag t,'l* 'to t1 55; 5 Lc 686 t81 //TRUE COPY// SD/. V, KAVITHA DEPUT'Y REGISTRAR 'rCTION OFFICER \ To, Pocso Act Cases at HACA Bhavan' Hyderabad'
1. The Fast Track Special Court for Expeditious Trial and Disposal of Rape and '' z. ih" f nOO,tional Metropolitan Sessions Magistrate at Hyderabad' 3. Two CCs to the punf ic'prosLcutor, State oiTelangana, High Court Buildings +. ihe'secretary, High Court Legal Services Committee' High Court Buildings' S. i6e Siation House Officer, Chikkadpally Police Station' Hyderabad at HYderabad[OUT] Hyderabad commissionerate.
6. One CC to Sri Yemmiganur Soma Srinath Reddy' Advocate [OPUC] 7. One CC to Sri D. Sivakumar, Advocate [OPUC] 8. Two CD CoPies (along with a copy of memo of compromise) ]y!, HIGH COURT DATED:0910412025 COMMON ORDER t.A.Nos.2 AND 3 0F 2025 IN/AND CRLP.No.8S of 2025 1HC S ?4 /6 o o 2 fl Ati ltt?\ ? ( t ^4 Tcrrf DISPOSING OF THE CRL.P. I.A.NOS.2 AND 3 OF 2025 ARE ALLOWED o //1 a MEMORANDUM OF CRIMINAL PETITION. ((Under section 359(1) R/w, 528 BNNS) IN THE HON'BLE HIGH COURT FOR THE STATE OF TELANGANA. CRLP No. OF2021. Between. Doulagar Rahul, S/o,D. Vasanth Rao, aged 29 years,Occu:Photographer, R/o B-49, Plot:No. 6, Baghlingampally, Hyderabad. And 1)G. Amrutha, D/o, G. Srinivasulu, Wo. M. Naresh, age 22 years, Occu: House wife, R/o H.No. 1-8-35712, Shamprasad Nagar, Chikkadpally, Hyderabad. 2)The Station House ffi cer,Chikkadpally Police Stat,on, Hyderabad commisiionerate, Rep by its.Public Prosecutor, High Court for the state of Telangana,Hyderabad. .Petitioner/Accused. Respondent No.1 & 2. JOINT MEMO FILED BY THE PETITIONER AN D RESPONDENT NO,,1 TO 4 'l)lt is respec-tfully submitted that the ld respondent filed a report before 2d respondenl and 2 respondent registered a case in Crime No. 25312019, IPC R i, Sec 12 of POCSO Act and thereafter 2d U/s,354(A) s09 respondenl filed chargesheet against Respondent No.1 fot'offenees U/s, 354(A), 509 IPC RA,v Sec 12 of POCSO Aet before Fast Track Special Court For Expedrtious Trial Of Rape And POGSO Act Cases at HACA Bhavan, Hyderabad (Chikkadpally Police Station, Hyderabad) and the same is pending for trial vide SCPCS No.265 of 2O19. 2)it is respectfully submitted that during the during the pendency of the case at the behest of elders compromised the case with the Respondent No.l and came to an amicable settlement with regard to the above criminal case, as such Respondent No.1 filed main Criminal Petition seeking to quash SCPCS No,265 of 2019 on the file of Fast Track Special Court For Expeditious Trial Of Rape And POCSO Act Gases at HACA Bhavan, Hyderabad (Chikkadpally Police Station, Hyderabad. V ,, -T- 1 - I i ( t 3) lt is respectfully submitted that the respondent No.l atso filed a petition seeking to permit him to compound the case against Petitioner/Accused. The respondent No.1 has no objection to allow dre main Criminal petition quashing SCPCS No.265 of 2O1g anthe fite of Fast Track Specia, Court For Expeditious Trial Of Rape And POCSO Act Cases at HACA Bbay.arr, Hyderabacf (Chikkadpaty Frotac€ en6e this Joinf Memd._ Hyderabad. Date.31-12-2024- No.1. Petitioner. lrn/t.n.. u Mrr.f, tN S rio^:t+ 'l I ndent No.1