Allowed

E.Ashwathama Reddy, v. The State of A.P.

Telangana HC15 Jun 2022CRLP/560/2014

Case brief

AI extract

What is this about?

The High Court allowed IA Nos. 1 and 2 of 2022 and Criminal Petition No. 560 of 2014. Proceedings in PRC No. 54 of 2013 for offences under IPC and SC/ST Act were quashed subject to the filing of a letter of undertaking and payment of Rs. 5,000 to the Advocates' Association.

What did the court decide?

Proceedings in PRC No. 54 of 2013 quashed subject to payment of Rs. 5,000 to the High Court Advocates' Association.

E.Ashwathama Reddy, Vs The State of A.P. — Caste Atrocities | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY,THE FIFTEENTH 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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l.A.Nos.'l and2oI 2022 ln/and

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GRIMINAL PETITION NO: 560 OF 2014

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Between:

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E.Ashwathama Reddy, S/o. E.Janardhan Reddy, aged 49 years, R/o. Jangamaiyapally village, Khilla Ghanpur Mandal, Mahabubnagar District.

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...PETITIONER/PROPOSED ACCUSED No.4

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AND

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1 . The State of A.P., P.S. Khilla Ghanpur, Mahabubnagar District Rep. by its Public Prosecutor, High Court of A.P., Hyderabad.

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2- Smt. Vadthyavath Manamma, Wo. Seethaya Naik, Aged about 55 years, R/o, Maria Thanda, H/o. Jangamaiyapally village, Khilla Ghanpur Mandal, Mahabubnagar District.

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...RESPONDENTS/COMPLAINANT

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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 call for the record relating to P.R.C.No.54 of 2013 on the file of the Judicial lvlagistrate of First Class at Mahabubnagar, and^quash the^proceedings therein.

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CRLP.MP.No.377 ot 2014

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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 stay all further proceedings including arrest of the^{petitioners in} PRC.No.54 of 2O13 on the file of the Judicial fvlagistrate of^{First Classat} Mahabbnagar.

(

I I

I : i

l.A. NO: 1 OF 2022

Between:

Smt. Vadthyavath Manamma, W/o. Seethaya Naik, Aged about 55 years, Rl,/o Maria Thanda, H/o- Jangamaiyapally village, Khilla Ghanpur Mandal, Mahabubnagar District.

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. .. Petitione r/Com pla ina nUR2

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AND

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

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... RespondenURespondent

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:2.' E.Ashwathama Reddy, S/o. E.Janardhan Reddy, aged 49 years, R/o. Jangamaiyapally village, Khilla Ghanpur Mandal, Mahabubnagar District.

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...Respondent No.2/Petitioner/A4

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t Petition under Section 32O (2) of Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the to compound the case in PRC No.54 of 2013 on the file of Judicial magistrate of First Class, Wanaparthy taken on file for the Offences U/s 506 IPC and Section 3 (1) (X) of SC,ST (POA) Act, 1989.

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l.A. NO: 2OF 2022

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Petition under Section 482 ot Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise in PRC No.54/2013 on the file of Judicial magistrate of First Class, Wanaparthy.

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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 M. Rajender Reddy, Advocate for the Petitioner in Crl.P and Respondent No.2 in l.A.Nos.1 & 212022 and the Public Prosecutor (TG) on behalf of the Respondent No.'1 in Crl.P and LA.Nos.1 & 212022 and of Sri G. Kiran Kumar, Advocate for the Respondent No.2 in Crl.P. and Petitioner in l.A.Nos.1 & 212022.

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The Court made the following: ORDER

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HONOT]RABI,E SRIJUS-[ICE A.SANTHOSTI REDDY

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[.A.Nos.l and 2 of 2022

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In/a nd CRIMINAL PEl'I'tlON No.560 of 2011

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oRDE,R:

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-l'hc pctitioner. who is accused No.4, filed this Criminal Petition under Section 482 Cr.P.C. to quash the proceedings in [)RC.No.54 o{'2013 on the file of Judicial Magistrate ol F irst Class. Mahabubnagar lor thc ollences punishable under Section. 506 IPC and Sections f (l) (X) ol the Scheduled Castes and Schcdulcd 'l ribcs (Prevention of-Atrocities) Act, 1989.

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[)uling pendency of the Criminal Petition, the parlies havc cornprorniscd the rnatter and accordingly, respondcnt No,ldc.fitcto cornplerirrant has filed I.A.Nos.1 and 2 ol'2022 to pcnnit hcr to enter into compromise, record the tenns of cornprornisc tlrcrcol'and cornpound thc ollcnces by quashing the procecdings againsl accuscd in thc said crirnc. Along with the said applications. a ioirrt nrcmo rvhich is signed by the parties and thcir counscl. photographs ol thc partics and Photostat copics ol' thcir Aaclhar Cards camc to bc lllcd. In the allldavit filed it has bccn stated tliat

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)

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respondent No.2 - r1c facto complainant has filed a complaint against the petitioner /accused No.4 belore the Police Station and the same has been rcgistered as Crime No.58 of 2009 for the aforesaid of'tences and after filing of charge sheet, the same was numbered as PIlC.No.54 ol 2013. While so, now the de facto complainant has entercd into compronrisc with the accused and accordingly approached this Court lor recording the compromise with the petitioner accused and they have settled the matter outside the Court and she has no objection lor quashing the proceedings against the pctitioncr.

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Today. both thc panies are present belorc this Court and they werc identified b1' thcir rcspective counsel.^'l his Court, when exarnincd, both the panics havc stated that at the instance of the elders and well rvishers ol both the paties, they have settled the matter out of the Court and the sccond respondent stated that she has no objcction lbr cluashing the proccedings against the petltloner

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In vicrv ol- thc cornprontisc cntcrecl betrveen the petitioner and responclcnt No.l. I.;.Nos. I and I ot' l0ll are allowed.

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Consequently, the Crirninal Petition is allowed and the proceedings in PRC.No.54 of 2013 on the filc of Judicial Magistrate of First

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Class, Mahabubnagar are hereby quashed against the petitioner^- accused, subjcct to paymcnt ol an amount of Rs.5,000/(Rupces Fivc^-l'housand Only) to the Telangana High Court Advocatcs' Association, llyderabad, within ten (10) days lrom today, and file proof of thc sarrc into the Registry.

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As a sequcl, 1he rniscellaneous petitions, if any, pending in

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the Crirninal [)etition shall stand closed.

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SD/.K.SAILESHI DEPUTY REGISTRAR //TRUE COPY//

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SEC OFFICER

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To,

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I The Judicial Magistrate of First Class at Mahabubnagar. 2 The Station House Officer, Police Station Khilla Ghanpur, Mahabubnagar District.

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3 One CC to Sri M. Rajender Reddy, Advocate [OPUC] 4 One CC to Sri G. Kiran Kumar, Advocate IOPUCI E Two CCs to the Public Prosecutor, High Court foi the State of Telangana at Hyderabad. [OUT]

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b Two CD Copies 7 One Spare Copy

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gbr

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(Along with a Copy of Joint Memo)

HIGH COURT

DATED: 1510612022

ORDER

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l.A.Nos.1 and 2 of 2022 ln/and CRL.P.No.560 of 2014

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ALLOWING THE l.A.Nos.1 and 2 of 2022 and CRIMINAL PETITION

ik
4
r'o

l'lenrorandurn ot' CriurinaI Pclition

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(tlndcr Section 482 of Cr.P.C.)

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IN llltl I IIGI I^('OUI(T IIOIT 1'I{[ STATE OF TELANGANA AI'tIYDI]RABAD

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( liI..!'.N( ) 560 oF 2014

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lJct\cdi

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E Ashrvathanra lteddl. Sio Ir.larrarclhan Rcddy Aged 49 years. Ii,o Jan-eamairapalll r'illage,

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Khilla Ghanpur Mandrrl Mlltabut.rurLgrrr [)istricl

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. . Pctil iollcr/'A-l

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Ard

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I. The Statc t-,1' [-elarrganu,[iep. h1' I'ublic Prosecutor, High Court at I llderaLrad, tIydcrabad.

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Srrt Vadthva!atll Manarnrna. Wlo Secthaya Naik, Aged about 55 y'cars. Ilio Maria l-handa, FIlo.

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Jangirnra ivapal Iv villasc. Khilla⁽ ihanpur Mandal, Maha hr r bnirr':rr I)istricl

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.^. Respondcrrts

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.t()tNt'NIIitMo

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It is sLrbnrittcd lhirt llre pclitioncr and lhc respondent No.2 has resolved their issue ir Pl{C.No. 5-l ol l0l I orr llrc l'ilc rrl .ludicial Magistrate of First Class, Wanaparthy ud entered into arr arlicablc sclllenrcrrt ilt lllc inlervcntion ol'elders and well wishers ard to this ctlict il scpirrirrc corrpr{rlisc pctitiorr is also filed.

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cttce tltir -loint \lerri; . {tt o\ .,'n' 1\ $c' I'el it i er ol .j

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Corrlscl Iirr lie.p()rt(lenl N() l

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(louDsel tbr I'etiti()ncr

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"AITE:;.irED.. NO I-r\tt, . ri ll,\l,i.1clll,.,^{,ji-</sup> lti ; :}

E.Ashwathama Reddy, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

E.Ashwathama Reddy, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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