Allowed

Sri .Varun Raju Vatchavai v. The State of Telangana

Telangana HC23 Aug 2022CRLP/4329/2022

Case brief

AI extract

What is this about?

The High Court held that in a matrimonial dispute where the matter is amicably settled, recording a compromise and quashing pending criminal proceedings is desirable. The Court allowed the petition under Section 482 Cr.P.C.

What did the court decide?

Criminal proceedings against the petitioners in C.C.No.70 of 2020 filed by the XIV Additional Chief Metropolitan Magistrate, Cyberabad, were quashed in favour of the person and effect of the compromis

Sri .Varun Raju Vatchavai Vs The State of Telangana — Dowry and Cruelty | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY ,THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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CRIMINAL PETITION NO: 4329 OF 2022

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Between:

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'1 . Sri .Varun Raju Vatchavai, S/o Venkata Sanjay Raju, Aged about 30 years, Occ. Unemployed, R!/o. Plot NO. E603, Jalavayu Towers, Elchiguda, Lower Tank Band, Hyderabad presently residing in Canada /USA Rep. by GPA Holder Venkata Sanjay Raju ie., Petitioner NO.3

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Sunitha Vatchavai, Wo. Venkata Sanjay Raju Aged about 50 years, Occ. Housewife, R/o. Plot No- E603, Jalavayu Towers, Elchiguda, Lower Tank Band, Hyderabad.

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Vatchavayi Venkata Sanjay Raju, S/o. Vatchavayi Ramchandra Raju, aged about. 57 years, Occ. Retired Naval Officer, Rl/o. Plot NO. E-603, Jalavayu Towers, Elchiguda, Lower Tank Bund, Hyderabad.

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Sagari Vatchavi, D/o. Vatchavayi Venkata Sanjay Raju, Aged about. 25^years, occ. Private Employee, R/o. Plot No. E603, Jalavayu Towers, Elchiguda, Lower Tank Band, Hyderabad^presently residing in USA rep. by her GPA Holder Petitioner No.3

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As per Court Order dated 08-08-2022 in l.A.No.3 in Crl.P.No.432912022 Petitioner 1 and 4 Respondent by petitioner No.3 as G.P.A.

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...PETITIONERYACCUSEDI to 4

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AND

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The State of Telangana, rep. by P.P. High Court of Telangana., Hyderabad.

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Smt.Krishna Priya, W/o Varun Raju Vatchavayi, Aged about 24 yrs, Occ. Studem. Rl/o. Room No."l7, Study lnn 165 Corporation St., Conventry CVI , 1GU, having permanent Address at Rl/o. 8-505, Aspire Apartments, Opp. G.Pulla Reddy Sweets, Near Durgam Cheruvu, Madhapur, Hyderabad 50008'1 . Rep. by her father GPA Holder Nadimpalli Subbaraju S/o. Nadimpally Ramakrishnam Raju, Aged about. 51 years, Rl/o. 8.505, Aspire Apartments, Opp. G.Pulla Reddy Sweets, Near Durgam Cheruvu, Madhapur, Hyderabad 500081.

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As perCourt Orderdated O8-O8-2O22 in l.A.No.6 12022inCrl.P.4329Ot 2022 Sri.N.Subba Raju to Rspondent as GPA to Respondent No.2.

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...RESPONDENT/DEFACTO.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 proceedings in C.C.NO. 70 of 2020 on the file of Xlll Additional Chief Metropolitan Magistrate, Cyberabad at Kukatpally.

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l.A. NO: 2OF 2022

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Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorzrndum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings including personal appearance of the petitioners in C.C.No. 70 ot 2020 on the file of Xlll Addl. Chief Metropolitan Magistrate, Cyberabad at Kukatpally, pending quash petition

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l.A. NO: 4 OF 2022

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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 pernrit the petitions to compound the offences as per the compromise and to^q rash the proceedings in in CC.No.70 o'f 2022 by the Honble Xlll Chief Metropolita 1 Magistrate at Kukatpally, Cyberabad .

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l.A. NO: 5 OF 2022

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Petition under Section 320(2) 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 compound the offences as per the compromise memo and quash the proceedings in^tlC.No.70 o'f 2022 by the Honble Xlll Chief Metropolitan Magistrate at Kukatpally, Cyberabad

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Y RAMA RAO flND ASSOCIATES, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri PUSHADAPU SUBBA RAO Advocate for the Respondent No.2.

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The Court made the^'bllowing: ORDER

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-l

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THE HON,BLE DT.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.4329 OF 2022

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ORDER:-

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Heard the submission of the learned counsel for the petitioners, learned Assistant Public Prosecutor representing the Respondent No.l-State as well as the learned counsel appearing for the 2"d respondent.

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Seeking the Court to quash the proceedings that are pending against the petitioners in C.C.No.7O of 2020, on the file of the Court of XIII Additional Chief Metropolitan Magistrate, Kukatpally, Cyberabad, the present Criminal Petition is fi1ed.

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Learned counsel for the petitioners as well as the learned counsel for the 2"d respondent submits that the 'dispute is matrimoniarl in nature and the matter is amicably settled between the parties and therefore, recording the compromise, the proceedings may be quashed.

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The record discloses that the identification of parties is done by the Secretary, High Court t egal Services Committee. The offences alleged to have been committedt

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DT.CSL,J crl.P.No.4329 2022

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by the petitioners are punishable under Sections 498-A, 323, 5O4,:;06 IPC and Sections 3 & 4 of Dou'r1' Prohibition Act. As it s submitted that the matter is amicablr, settled between th: parties and the diflerences were resolved, this Court is o1' the view that continuation of proceedings is undesirable^'.

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Resultantly, the Criminal Petition is allowed. The proceedings that are pending against the petitioners who are arrayei as Accused Nos. 1 to 4 in C.C.No.7O of 2020 belore the Court of XIII Additional Chief Metropolitari Magistrate, Kukatpally, Cyberabad, are hereby quashed.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

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sd/^. P. PADMANABHA^RED ASSISTAN^{T REGIS}

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//TRUE COPY// SECTIO OFFICER

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To,

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The Xlll Addi:ional^{Chief Metropolitan Magistrate' Cyberabad at} KukatPallY.

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*.,

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The Station^{Hc'use Officer ,WPS Gachibowli Police Station} 'Cyberabad'

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Two CCs to^{As;sistant Public Prosecutor, High Court for the Stateof} Telangana, at^{{Yderabad.(OUT)}

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One CC to^{SFI. Y RAMA RAOAND ASSOCIATES AdvocateIOPUCI}

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One CC to SRl.^{PUSHADAPU SUBBA RAO Advocate[OPUC]}

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Two CD CoPies

CDts*

HIGH COURT

CSL.J

DATED:2310812022

ORDER

CRL.P.No.4329 of 2022

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ALLOWING T'HE CRIMINAL PETITION

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Sri .Varun Raju Vatchavai v. The State of Telangana

Case brief

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Sri .Varun Raju Vatchavai v. The State of Telangana

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