Allowed

Srungaram Narsimha And 3 Others v. State of Telangana

Telangana HC14 Sept 2020CRLP/2969/2020

Case brief

AI extract

What is this about?

The High Court allowed compounding petitions filed by the accused and the complainant. Relying on the Registrar's report and a valid Memorandum of Compromise signed by the parties (one represented by GPA holder), the Court quashed the criminal proceedings initiated under IPC and the Dowry Prohibition Act.

What did the court decide?

Criminal Petition and Compounding Petitions allowed; proceedings in C.C. No. 427 of 2018 quashed; parties free to approach court below for passport return.

Srungaram Narsimha And 3 Others Vs State of… — Matrimonial and Divorce | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IVONDAY ,THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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LA.Nos.5&6 ol 2020 IN/AND

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CRIMINAL PETITION NO: 2969 OF 2020

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COMMON C.T. lN l.A.Nos.5&6 of 2020 :

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Between:

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Smt. Vedantam Sri Ramya @ Smt. Srungaram Sri Ramya, W/o. S. Narsimha Vamshi Krishna Aged about 33 years, Occ. Household, R/o. Flat No. 209, Royal Residency, NRl, Srinivas Nagar, RC Puram, BHEL, Medak District. Rep. by GPA Holder her father l\rlr. V. Venkateshwarlu, S/o. Sinivasa Chary

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(As per Court Order dated 11.08.2020 in l.A.No.4 ol 2020 in Cd.P.No.2969 of 2020 Sri Venkateshwarlu brought on record as G.P.A holder of Respondent No.2.)

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....PETITIONER/RESPONDENT NO.2/COMPLAINANT

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AND

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Srungaram Narsimha Vamshi Krishna S/o. S. Ramachary Age. 39 years, Occ. Pvt. Service Ri/o. H.No. 2-3-6911221C Venkateshwara Nagar, Opp. Electrical Sub Station Amberpet, Hyderabad - 13.

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Smt. S.Gayatri, W/o. Ramachary Age 57 years, Household, R/o. H.No. 2-36911221C, Venkateshwara Nagar, Opp. Electrical Sub Station Amberpet, Hyderabad - 13.

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S. Ramachary, S/o. Narasimha Chary, Age 67^years, Occ. Pensioner, R/o. H.No. 2-3-6911221C Venkateshwara Nagar, Opp. Electrical Sub Station Amberpet, Hyderabad -13.

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P. Archana, W/o. Prashant, Age 34 years, Pvt. Service Ri/o. Flat No. 501, Deccan Crescent Apartment, Vidyanagar, Hyderabad.

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.RESPONDENTS/PETITIONERS/ACCUSED NO.1 TO 4

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State of Telangana, Rep.by Public Prosecutor, High Court, Hyderabad

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...RESPONDENT/RESPONDENT

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l.A. NO: 5 OF 2020

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Petition Under Section 320 (6) Nw 482 of Cr.P.C^praying that in the circumstances stated in the Affidavit filed therewith, the High Court may be^pleased to permit the parties herein to compound the offences in C.C. No. 427 of 2018 on the file of Judicial First Class l/agistrate-Cum-Excise Court, Sanga Reddy registered for the offences U/S 420, 498-4 and 3,4 DP Act in the interest of^justice. I.A. N oF 2020

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Petition Under Section 320 (2) Fl/w 482 of Cr.P.C^praying that in the circumstances stated in the Affidavit and Joint ft/emo of Compromise filed therewith, the High Court may be pleased to compound the offences in C.C. No. 427 of 2018 on lhe file of Judicial First Class lt/agistrate-Cum-Excise Court, Sanga Reddy registered^for the offences UIS 420,498-A and 3,4 DP Act in the interest of^justice.

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Crl.P.No.2969 ol 2020

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Between

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Srungaram Narsimha Vamshi Krishna S/o. S. Ramachary^{Age. 39 years,Occ.} Pvt. Service R/o. H.No. 2-3-6911221C Venkateshwara Nagar,^{Opp. ElectricalSub} Station Amberpet, Hyderabad^- 13.

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Smt. S.Gayatii, W/o. Ramachary Age 57^years, Household,^{Rl/o. H.No. 2-3-} 6911221C,^{'Venkateshwara} Nagar, Opp. Electrical Sub^{Station Amberpet,} Hyderabad - 13.

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S. Ramachary, S/o. Narasimha Chary, Age 67^{years, Occ. Pensioner, R/o. H.No} 2-3-6911221C Venkateshwara Nagar, Opp. Electrical Sub^{StationAmberpet,} Hyderabad -'13.

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P. Archana, W/o. Prashant, Age 34 years, Pvt. Service R/o. Flat No. 501,^Deccan Crescent Apartment, Vidyanagar, Hyderabad ....PETITIONERS/ACCUSED NO.1 TO 4

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AND

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State of Telangana, Rep.by Public Prosecutor, High Court, Hyderabad

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Smt. Vedantam Sri Ramya @ Smt. Srungaram Sri Ramya, W/o. S. Narsimha Vamshi Krishna Aged about 33 years, Occ. Household, R/o. Flat No.209, Royal Residency, NRl, Srinivas Nagar, RC Puram, BHEL, Medak District. Rep. by GPA Holder her father [/r. V. Venkateshwarlu, S/o. Sinivasa Chary

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(As per Court Order dated 11.08.2020 in l.A.No.4 of 2020 in Crl.P.No.2969 of 2020 Sri Venkateshwarlu brought on record as G.P.A holder of Respondent No.2.)

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....RESPONDENTS/COMPLAINANT

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Petition under Section 482 o'f Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be^pleased to quash the C.C.No. 427 of 2018 on the file of Judicial First Class Magistrate Cum - Excise court, Sanga Reddy filed against the petitioners alleging offences U/sec.420, 498 - A IPC and Sec. 3, 4 DP Act.

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l.A. NO: 2 OF 2020

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Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition,the High Court may be pleased to grant Stay of all further proceedings in C,C.No. 42712018 on the file of Judicial First Class Magistrate - Cum - Excise Court, Sanga Reddy filed against the Petitioners alleging offences U|sec.420,498-4 lPC, and Sec. 3, 4 DP Act. l.A. NO: 3 OF 2020

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to direct Judicial First Class lt/agistrate-Cum-Excise Court at Sanga Reddy to return the Passport bearing No. H9822491 to the Petitioner No.1 deposited in CC No.42712018.

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These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and Compromise Petition and upon hearing the arguments of Sri K.Pradeep Kumar, Advocate for the Petitioner in l.A.Nos.5&6 of 2020 and Respondent No.2 in Cr.P. and of Sri C.M.R. Velu, Advocate for the Respondent Nos.1 to 4 in l.A.Nos.5&6 of 2020 and Petitioners in Crl.P. and the Public Prosecutor on behalf of the Respondent No. 5 in l.A.Nos.5&6 ol 2020 and Respondent NO.'1 in Crl.P.

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The Court made the following: ORDER

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TI.IE HONOURABLE SRI JUSTICE I<. LAKSHMAN

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l.A.Nos.S AND 6 of 2020

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IN/AND CRIMINAL PETITION No.2969 OF 2020

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ORDER:

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This Criminal Petition is filed by the petitioners accused Nos. 1 to 4 in C.C.No.427 of 2018 on the file of the Judicial First Class Magistrate-curr-Excise Court, Sangareddy, registered for the offences punishable under Sections 420 and 498-A ofIPC and Sections 3 and 4 of the Dowry Prohibition Act, to quash the proceedings in the above said crime.

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During the pendency of the present Criminal Petition, the 2n't respondent - de.facto complainant has executed a General Power of Attorney in favour of her father Mr.V.Venkateshwarlu stating that she is now staying in Delhi and not in a position to appear in the present case. She has filed I.A.No.4 of 2020 seeking to appoint her t'ather Mr.V.Venkateshwarlu as her Attorney. This Court, vide order dated 11.08.2018 allowed I.A.No.4 of 2020.

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Now, the 2nd respondent - de facto cornplainant filed I.A.No.5 of 2020 to compound the offences in C.C.No.427 of 2018. The petitioners also filed I.A.No.6 of 2020 to compound the off'ences in C.C.No.427 of 2018.

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Vide order dated 30.07.2020, this Coult, afler recording the submissions made by the learned counsel for the^{petitionersas well as}

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the 2nd respondent, directed the^{parties to appear before the Registrar} (Judicial) of this Court on 04.08.2020 rvith relerence to^{identification} of parties and also directed the Registrar^{(Judicial) to submita report} to that eI-lect by 10.08.2020. In compliance^{with the said order dated} 30.07.2020, the Registrar^{(Judicial) has submitted his reportdatecl} 04.08.2020.

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In the report dated 04.08.2020 ofthe Registrar^{(Judicial-l),it} is stated that the identification of the petitioners is established. fhe 2nd respondent was absent and her father Mr.V.Venkateshwarlu, GPA Holder, was present.

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The parties herein have filed a joint merro of comprornise dated 03.07.2020 and also agreement dated 02.07.2020. The said^joint memo of compromise dated 03.07.2020, agreement dated 02.01 .2020 and report of the Registrar (Judicial-l) dated 04.08.2020 are placed on record. Sri Pradeep Kumar Kanclala, learned counsel for respondent No.2, on instructions, has confirmed the said t'acts and documents.

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In view the said report and also in view of the compromise entered between the petitioners and the 2nd respondent, I.A. Nos.5 and 6 are allowed. Consequently, the Criminal Petition is allowed and the proceedings in C.C.No.427 of 20i8 on the file of the Judicial First Class Magistrate-cum-Excise Court, Sangareddy are hereby quashed.

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The petitioners herein are at liberty to approach the court below for

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return ofpassporl.

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Miscellaneous^petitions, pending if any, shall stand closed.

Sd/-K.AMMAJI

To,

ASSTSTANT REGT9TRAR

//TRUE COPY/I

U SECTIONI'OFFICER

The Special Judicial lt4agistrate of First Class Prohibition & Excise Offences Court at Sangareddy, l,4edak District

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The Station House Officer, R.C.Puram Police Station, Cyberabad

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One CC to Sri C.lV.R.Velu, Advocate^(OPUC)

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One CC to Sri K.Pradeep Kumar ,Advocate^(OPUC)

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5, Two CCs to Public Prosecutor, High Court for the State of Telangana Hyderabad (ouT)

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Two CD Copies

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(along with a copy of Joint Memo dated 03.07.2020)

-+$'(

HIGH COURT

KLJ

DATED:1410912020

ORDER

l.A.Nos.5&6 ot 2020 ln/and CRL.P.No.2969 of 2020

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oB 1 H E s 14
k
o (n
,J
16 iEPIQI rl
I

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Allowing the l.A.Nos.5&6 of 2020 And allowing the Grl.P.

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t1 -^l1'

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INTHE HIGHCOURT OF JUDICA ATHYDERAB	TURE OFTELANGANA AO
LA.No.	of2O2O
IN
Crl.P.No.	ol2O2O
IN
C.C.No. 427	of2018
(On thefileof theJudicjalFirst Class^N4agr Reddy)	^{strate-Cum-ExciseCourt'Sanga}

¶80

Betw	een:
1	SrungaramNarsimha^{VamshiKrishna} S/o.S.RamacharY Age;39Years,^{OccPvt. Service} R/o,H.No,^2-3-691l22lc Venkateshwara^Nagar, Opp. Electrical^SubStation Amberpet,^{HYderabad'13.}
2	Smt.S.Gayatri,^WoRamachary Aoe57vears,^Household, nioHNo2-3'691t22tc Venkateshwa':-a^Nagar, Ooo.Electrical^SubStation AmberPet,^{HYderabad-1 3'}
3	S. Ramachary,^{S/oNarasimhaCharY'} Aoe 67Years,^{OccPensioner'} nio.H.No.^2-3-691t22tc Venkateshwara^Nagar, Ooo.Electrical^{Sub Station} nmOerPet'^{HYderabad-'13'}
4	P.Archana,^WoPrashant' Aoe34 Years,^{PvtServlce^} fiil"rrrin-"^{bot,D"ttoncrescentApartment'} Vidyanagar'^HYderabad	..Petitioners/Accused^11o4
And
1.	Stateof^Telangana' Reo bv Public^Prosecutor Hign^{CourtHYderabad}
2	3Ilui,1i#,L'JiTff1t I,j:,:.:3ilT*;:t4^ltliSn''o Ai":"Ffin;-rde,^{RoYarResidency'} -ary
		Scanne wrt

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t(Q'

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I I I I

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ltr^-

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N-Rl, Srinivas Nagar, RC puram, BHEL, Medak District.

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{*f

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Rep by GPA HoJder her father

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Mr. V. Venkateshwarlu, S/o, Sinivasa Chary

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. Res pondents/Compla in a nt

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JOINT EMO FI EDB TH PE AND RESPO NT .2

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May it please your Lordship,

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'1, That the Petitioners are arrayed as accused for the offences U/S 420, 498-4, & 3,4 DP Act. During the pendency of the case, the parties herein have compromised the matter and filed the present petition praying this Hon'ble court to quash the proceedings,

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That the Respondent No.2 consented for the compromise without any force or coercion.

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Hence this Memo.

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I ') 9.tvilv? S ."r.VarI-' Lq.l,l^a- S. G",6 "lH'.i Petitioner No.1 Pelitioner No.2 Petitioner^No.3 Petitioner No.4 ,/ -<AUq. ounsel for the^P6titioners ,x Respondent No.2

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Hyderabad Dt- 05^-07-2020

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Counsel^{for the R} dent No.2

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Srungaram Narsimha And 3 Others v. State of Telangana

Case brief

What is this about?

What did the court decide?

Srungaram Narsimha And 3 Others v. State of Telangana

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