Allowed

Sampath Prabhakar Reddy, Hyd v. State of a.P., Rep. through P.P., Hyd and Anr.

Telangana HC10 Jun 2022CRLP/15383/2013

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition to compound and quash proceedings filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2005, after a verified compromise was reached between the accused and the de facto complainant, subject to a court fee payment.

What did the court decide?

The Criminal Petition was allowed, the proceedings in Cr.No. 439 of 2013 were quashed, and a cost of Rs. 5,000 was imposed.

Sampath Prabhakar Reddy, Hyd Vs State of a.P., Rep… — Caste Atrocities | Telangana HC (2022)

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I p' \ {-

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD

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FRIDAY ,THE TENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY

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LA.Nos.1 ANO 2 OF 2022

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in/and

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CRIMINAL PETITION NO: 15383 OF 2013

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l.A.Nos.1 OF 2022

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Between:

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K.Govind, S/0 Gandhi, aged 30 years, Occ: Mechanic, Fl/o H. No.3-5-948/32, Gandhi Kuteer, Narayanaguda, Hyderabad.

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...Petitioner/2ns RespondenUDefacto-Complainant

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AND

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Sampath Prabhakar Reddy, HYD, S/0 S.Krishna Reddy, aged 47 years, Occ: Advocate Rl/o HlG, Block-3, Flat No.13, Bagh Lingampally, Hyderabad ... RESPONDENT/PETITIONER

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State Of A.P., represented through Public Prosecutor.High Court of Andhra Pradesh

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..RESPONDENT/RESPONDENT No.2

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l.A. NO: 1 OF 2022

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Petition under Section 320(6) r/w Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to pemit the petitioner herein / 2nd respondent / defacto complainant to compound the offence under Section 324,5061PC R/w Section 3 ( I )"{-x) of SCs / STs ( POA ) Act 1989 in Cr No. 439 of 2013 opn the file of the PS Chikhadpally Hyderabad against the respondent No. I /Accused.

CRIMINAL PET lTlr3N NO: 15383^0F201 3&^{l.A.No.2 OF 2022}

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Between:

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Sampath Prabhakar Reddy, HYD, S/0 S.Krishna Reddy, aged 47^years, Occ: Advocate R/o HlG, Block-3, Flat No.'13, Bagh Lingampally, Hyderabad.

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...PETITIONER in both

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AND

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State Of A.P., represented through Public Prosecutor.High Court of Andhra Pradesh

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K.Govind, S/0 Gandhi, aged 30 years, Occ: Mechanic, R/o H.No.3-5-948/32, Gandhi Kuteer, Narayanaguda, Hyderabad.

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...RESPONDENTS in both

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Mernorandum of Grounds of Criminal Petition, the High Court may be pleased 1o quash the Cr.No.439 of 2013 on the file of P.S., Chikkadpally, Hyderabad

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l.A. NO: 2 OF 201:2

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Petition under Section 320(2) rlw 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 record the compromise and quash proceedings ln FIR No. 439 of 2Ol3 on the file of the PS Chikkadpally Hyderabad in the interest of^justice.

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CRLPMP. NO: 111803 OF 2013

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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 grant stay of all further proceedings in Cr.No.439 of 2013 on the file of P.S., Chikkadpally, Hyderabad .

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CRLPMP. NO:2082 oF 2017

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Between:

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State Of A.P., represented through Public Prosecutor, High Court of Andhra Pradesh

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......PETITIONERYRESPONDENT

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AND

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Sampath Prabhakar Reddy, S/o S.Krishna Reddy, aged 47 years, Occ: Advocate R/o HlG, Block-3, Flat No.13, Bagh Lingampally, Hyderabad.

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. . . RespondenUAccused

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K.Govind, S/0 Gandhi, aged 30 years, Occ: lt/echanic, Ryo H.No.3-5-948/32, Gandhi Kuteer, Narayanaguda, Hyderabad.

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(R-2 is not necessary Party)

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RESPONDENTiCOIVPLAINANT

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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 Vacate the interim stay granted in Crl.P.No.l538312013 on the file of High Court of Judicature at Hyderabad.

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CRLPMP. NO:281 OF 2014

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Between:

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K.Govind, S/0 Gandhi, aged 30 years, Occ: Mechanic, Rl/o H.No.3-5-948/32, Gandhi Kuteer,Narayanaguda,Hyderabad. ....PETITIONEFy2NDRESPONDENT

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AND

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'1 . Sampath Prabhakar Reddy, S/o S.Krishna Reddy, aged 47 years, Occ: Advocate R/o HlG, Block-3, Flat No.13, Bagh Lingampally, Hyderabad. ... RESPONDENT/PETITIONER

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State Of A.P., represented through Public Prosecutor.High^{Court of Andhra} Pradesh

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..RESPONDENT/1^ST RESPONDENT

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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}

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.-..--^Ll ---

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be pleased to vacate the order made in Crl.P.No. 15383 of 201 3, dated 26.12.2013 .

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These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. Raghuveer Reddy Advocate for the Petitioners and Crl.Petition & l.A.No.2of 2022 and Respondent No.1 in LA.No-1 of 2022 and the Public Prosecutor on behalf of the Respondent No.2 in l.A.No.1 ol 2022 and Respondent No.1 in Crl.Petition & I.A.No.2of 2022 and of Sri P.V.V. Satyananyana, Advocate for the Respondent No.2 in Crl.Petition & l.A.No.2of 2022 and Petitioner in l.A.No.1 ot 2022.

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The Court made the following: ORDER

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HO NOURA B I-I.] SRI.II] ST I C E A. SAN'I'I{ OS I{ RI] I)DY

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I.A.Nos.l and 2 of 2022 In/and CRIMINAL PETITION No.15383 of 2013

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ORDER:

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The petitioner, who is accused, filed this Criminal Petition under Section 482 Cr.P.C. to quash the proceedings in Crime No.439 of 2013 of Chikkadapally Police Station which was registered against the petitioner lor the offences punishable under' Sections 324 and 506 {PC and Sections 3 (l) (X) ofthe Scheduled Castes and Scheduled T'ribcs (Prevcntion of Atrocities) Act,20l5.

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During pendency of the Crirninal Petition, the parties have compromised the matter and accordingly, respondent No.2de facto complainant has filed I.A.Nos. I and 2 of 2022 to permit him to enter into compromise, record the terms of compromise thereof and compound the offences by quashing the proceedings against accused in the said crime.

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Vide order dated 29.03.2022 this Court, after recording the submissions made by the learned counsel for the petitioner as well

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as respondent No.2, directed the parties to appear before the

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Secretary. Telangana High Court LegaI Ser-vices Committee, Hyderabad, for their identification and directed the Secretary to submit a report by 20.04.2022. In compliance olthe said order, the parties have appeared before the Secretary, Telangana High Court Legal Services Committee, and the Secretary has identified the parties with their respective Aadhar Cards ar.rd accordingly submitted a report dated 03.06.2022 to that effect.

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The parties herein have filed joint memo ol compromise. The said^joint memo of compromise and thc report of the Secretary, Telangana High Court Legal Services Committee, Ilyderabad, are placed on record. The^joint rnemo filed by the parties and the affidavits thereof would reveal that respondent No.2 - de facto complainant has filed a complaint against the petitioner /accused before the Chikkadapatly Police Station and the same has been registered as Crime No.439 of 2013 for the aforesaid offences. While so, now the de facto complainanr has entered into compromise with the accused and accordingly approached this Court fbr recording the compromise with the petitioner - accused

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In view of the said repon and also in view of the compromise

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entered between the petitioner and respondent No.2, I.A.Nos. 1 and 2 of 2022 are allowed. Consequently, thc Criminal Petition is allowed and the procecdings in Cr.No.439 of 2013 of Chikkadapalty Police Station are hereby quashed against the petitioner - accused, subject to payment of an amount of Rs.5,000i(Rupees Five Thousand Only) to the 1'elangana High Court Advocates' Association, I{yderabad, within ten ( 10) days lrom today, and file proof of the same into the Registry

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As a sequel, the miscellaneous petitions, if any, pending in

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the Criminal Petition shall stand closed.

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SD/-T.JAYASREE ASSISTANT REGISTRAR

,TRUE COPY//

To,

SECTION OFFICER

The lX th Additional Chief Metropolitan Magistrate at Hyderabad.

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The Station House Officer, Chikkadapally Police Station , Hyderabad.

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Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad tourl

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One CC to Sri K. Raghuveer Reddy, Advocate [OPUC]

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One CC to Sri P. V. V. Satyanarayana, Advocate [OPUC]

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The Secretary, Telangana High Court^Advocates Association, Hyderabad.

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Two CD Copies

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One Spare Copy

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(along with a copy of Joint memo of Compromise)

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CDL

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COST MEMO:

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Note: Amount paidby K RAGHUVEER REDDY,^{towards imposedby Cost of Rs. 5,0001(Five} Thousand Only) to Telangana High Court Advocates^{Association,Hyderabad.}

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Receipt No.571 42 Dale:1 510612022

HIGH COURT

DATED: 1010612022

ORDER

I.A.Nos.l AND 2 OF 2022 ln/and CRLP.No.15383 of 2013

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ALLOWING TI-[E CRIMINAL PETITION

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IN THE HIGH COURTFOR THE STATE OF TELANGANA : AT HYDERABAD

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CrlMPNo ol 2022

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ln Cr[.P.No. 15383 of 2013

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Between

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K.Govind S/o Gandhi, agcd 3g years .. Petitioner/ R/o Bagh Lingarppatty, iyderaiad 2nd Respondent Defacto Complainant

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And

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Sampath Prabhakar Reddy S/o S.Krishna Reddy aged 55 years, Occ: Advocate R/o I-IIG Block 3, .. Respondent/ Flat No.13, Bagh Lingampally, Hyderabad Petitioner

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State of Andhra Pradesh, represented through .. Respondent/ Public Prosecutor Respondent No.2

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OINTN{EMO

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It is submitted that^{Petitioner/DefactoComplainant and} Respondent^{No.1/Accused have antcablysettledthedisPute at the} intervention of locality People^{and well wishers and the matter has been} compromised^{between them' Henceboth the Partiescarneto} compromise in^{the abovesaidCrlP No'15383 of 2013againstFIR No'}

439 of 2073 dated^2.12.2013 on the^{file of P'S- Chikkadpally,Hyderabad} and the parties have^{no claimsor rights agairut eachotherin future'}

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l1er 2"d Respondentl' Defacto Complarinant

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Counsel I']e titi 2nd Res r/ Defacto Complainant

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t/ Petitioner/ Accused

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