High Court quashed criminal proceedings based on a compromise between the de-facto complainant and accused, contingent upon payment of Rs. 10,000 to a welfare fund within one week.
Criminal proceedings quashed subject to payment of Rs. 10,000 to Director, Sainik Welfare within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 3356 OF 2022
ALONG WITH l.A.Nos.2 AND 3 OF 2022
l.A.Nos. 2 AND 3 OF 2022
Between:
Jamalpur Priyanka, D/o.J. Eshwar, Aged about 23 yearc., Occ Pvt Employee, Rl./o. Govt Working Women Hostel, Road No. 45, Jubliee Hills, Hyderabad Dist, Telangana State.
...PTITIONER/DEFACTO COMPLAINANT
AND
RESPONDENT/RESPONDENT
...RESPONDENTS/ACCUSED
l.A. NO: 2 OF 2022
Petition under Section 320(6) 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 permit the Petitioner/De-Facto Complainantand Respond enVAccused herein to compromise the matter in Crime No. 132312021 Dl. 02.08.2021 on the file of P.S. Cyber Crime, Detective Department C.C.S, Hyderabad District, State of Telangana .
l.A. NO: 3 OF 201',2
Petition under Section 320(2) of Cr.P.Cpraying that in the circumstances stated in the Mernorandum of Grounds of Criminal Petition,the High Court may be pleased to compound the offence in Crime No.1323/21021 Dt. 02.08.2021on the file of P.S. Cyber Crime, Detective Department C.C S, Hyderabad District, State of Telangana under Sections 67 lT Act and Sec 354, 417,506, and 509 Of IPC and allow theparties to record the compromise.
CRIMINAL PETITION NO: 3356 OF 2022
Between:
...PEI'ITIONERS/ACCUSED
AND
...RESPONDE NTS/COMPLAINANT
Petition undr:r 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 quasx the proceedings in Crime No. 1323/2021 dated 02.08.2021 registered on the file of P.S. Cyber Crime, Detective Department C.C.S. Hyderabad District, State of Telangana, for the offences punishable under Sections 67 lT Act and Sec 354, 417,506, and 509 Of IPC in the interest of justice.
l.A. NO: 1OF 2022
Petition unde' 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 stay c,f allproceedings in Crime No. 1 323/2021 dated 02.08.202'1 registered on the file of P.S. Cyber Crime, Detective Department C.C.S, Hyderabad District State of Telangana, for the offences punrshable under Sections 67 lT Act and Sec 354, 417,506, and 509 Of IPC .
These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NARAPARAJU AVANEESH ,Advocate for the Petittoners in Crl.Petition and Respondent No. 2 & 3 in l.A.No.2 & 3 oI 2022 and the Additional Public Prosecutor on behalf of the Respondent No.1 in l.A.No.2 & 3 of 2022 and Respondent No.1 in Crl.Petition and of Sri MAMIDI AVINASH REDDY Advocate for the Respondent No. 2 in Crl.Petition and Petitioner in l.A.No.2 & 3 of 2O22 .
The Court made the following: ORDER
THE HC NOURABLE SRI JUSTICE K. ST'RENDER
CRI MINAL PETITION No.3356 OF ,1022 A4I!LGtl[TH_I.A.NQst? .t!xD,Q_tQE-?o22
coMMoN O_RITER:
This Crinrinal Petition is filed under Section 482 Cr.P.C., seeking to qr-ra,.,h the proceedings in Crime No.1323 of 2021, on the file ol Stat ion House Officer, Cyber Crime Police Station, Detective Depaltment C.C.S, Hyderabad. The petitioners herein are accused No.;.1 lnd 2 in the said case. The offences alleged against the petriioncr herein are under Sections 67 ITA Act and under Sections l17. 506, 509 of the Indian Penal Code.
'I
KS.J Crl.P.No.l356 of2022 Along *ith I-A-Nos.2 and 3 of2022
ll
)
KS,J Crl P No l]56 of2O2? Along whh l.A.Nos.2 and I of2022
I I
t I
')
Crime No. 1321't of 2021 , on the file of StatiorL House Officer, Cyber Crime Police Station, Detective Department C.C.S, Hyderabad. Th,: saidjoint memo of compromisc and the report of the Secretan,' are placed on record.
7 . In vielr, of the said report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad and also in view of the comprom,se entered between the pr:titioners and respondent Nr.2, I.A.Nos.2 and 3 of 2022 are allorved Consequentll', the Criminal Petition is allou,ed and the proceedings in Crime No. 1323 of 2021, on the file of Station House Officer Cyber Crime Police Station, Detective Department C.C.S, Hyderabad., against the petitioners-Accused Nos.l and 2 are hereby quashed, subject to payment of an amount of Rs.10,O00/-(Rupees Ten Thousand Only) in favour of Director, Sainik Welfare, Hyderabad, (Savings A/c.No. 52LAA926279, State Bank of India, Shantinagar Branch & 2OO7O, IFSC Code: SBINO02OO70, MICR No. 500004057), within a periocl of one week from today, and file proof of the same into the Registry.
KS.J C.P.No.3356of2022 Along wilh LA.Nos.2 and 3 of2022
4
{
As a sequel, the miscellaneous petitions, pending if any,
shall stand closed.
Sd/. V. KAVITHA ASSISTANT REGISTRAR q, /ffRUE COPY// SECTION OFFICER
To,
I
(along with a copy of Joint memo of compromise)
C'ost Memo
Note: Amount paid by Petitioner/accused Nos.l & 2, towards 10,0001 (Ten Thousand Only) in lavour of Director, Sainik Welfare, Hyderabad, (Savings A/c.No. 52188926279, State Bank of India, Santinagar Branch(20070), IFSC Code-SBINOO2O070,MICR No.500004057.
Receipt o. 62895 Dated .05-12-2022.
USRNo. lll842/2022 date: 05/1212022
cDkN._--
HIGH COURT
KSJ
DATED:01 i1212022
COMMON ORDER
CRLP.No.3356 of 2022 ALONG WITH I,T,.NOS. 2 AND 3 OIT 2022
:=-<br>(
10 ,i!1tt ?iin i
ALLOWING TIIE C IIIMINAL PEI'I'TION
/ ---<br>('\o,
_.,.'
\o ,ry
/b
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
CRLP. No ot 2022
BETWEEN :
Jamalpur Priyanka, D/o.J. Eshwar,
Aged about 23 years., Occ: Pvt Employee,
f
R/o. Govt Working Women Hodtel, Road No. 45,
I
Jubliee Hills, Hyderabad Dist,
Telangana State.
Petitioner/De-facto Complainant
AND
1. STATE OF TELANGANA
Rep. by its Public Prosecutor
P.S.CYBER CRIME,
Dectective Department C.C.S, Hyderabad,
In the High Court of Telangana. RespondenVRespondent
2 Chintapandu Naveen Kumar @ Teenmar Mallanna
S/o. Bagaiah, aged about 37 years, occ:.Reporter
Rr/o. H.No. I 47 f7H, Raghavendranagar,
Peerzadiguda, R.R.District, N/o H.No. 2-79, iI-
Madhapur village, Turkapally Mandal,
Yadadri Bhuvanagiri District. :
-
,::.
J. Chinthapandu Venkateshwarlu S/o Gh,Bjagaiah,
Aged about 45 years, Occ: Q news Meinber,
Address : H.No. 1 -1 55/1;Opp. Municipalv.ard office, -i:',
Mallapur, Nacharam, Uppal (M), .;-j_
Medchal-Malkajgiri; Dis{5ict, Te!angqrial;r
Respondents/A
JOINT MEMO
Mav it please vour Lordshio
:,.'."
'1. lt is humbly submittedithat both itrebldies have come foruard to mrse
l:r.,'1: r.
the matter outside of ;Court, as.the'piesent . case'haq,.been filed a th
r'':':': - ' 'i .-':
Respondents due to' rnisunderstandr..nps.$1,.Ilat both the parties are no
objection if the criminal cases are ctosiif ifainst each olher in Crime No. 021
Dt. 02.08.2021 on the file of e.S'iGipir' Crime, Detective Departm .c.s,
/
Hyderabad District, State of Telangana under Sections 67 lT Act and Sec354,417, 506, & 509 O: lPC. That the Petitioner/ De-facto Complainanthas agreedto withdraw the Case against the Respondent /Accused vide Crime No. 1323/2021Dt. 02.08.2021 on tre file of P.S. Cyber Crime, Detective Department C.C.S, Hyderabad District, State o'Telangana unconditionally on her free will and accord without any coercron
r.-. Therefore, both the parties priiy tlais Hon'ble Court may be flleased to ,ih compound the offerrces in Crime No. 1323/2021 Dt. 02 08.2021 on the lile of P .J i. Cyber Crime, Detective Department C.C.S,, Hyderabad Diskict. State of T;langana, in the interest ofjus;tice and pass suclr.oq;ej ofder or orders as the H Court i,?.P..--,1 ' may deem fit and proper in the circumstancas of the case.
r.l
il^
Counsel for -A- the Petitioner -4'l-- Pedtioner/Accused No,'1
Pe ne No.2
i
v
., F*&YI*A' l P-r'uqh
Counsel for the De-facto Complainant :il Petitiofier/De-fdc to Co ant
Hyderabad tr:
Dl: 06 -04-2022
:i#,
2 issues framed by the court
Whether criminal proceedings can be quashed upon payment of a specified sum towards social welfare.
Whether the High Court grants permission to compound offences where parties have settled and the de-facto complainant agrees to withdraw the case.
3 provisions across 1 enactments
Jamalpur Priyanka
State Of Telangana
Chintapandu Naveen Kumar
Chinthapandu Venkateshwarlu
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
