Allowed

Tejavath Surender, And 4 Others v. The State of Telangana, And Another

Telangana HC5 Jul 2022CRLP/5816/2022

Case brief

AI extract

What is this about?

The Court allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings against petitioned accused in C.C. No. 311 of 2021. Finding that an amicable settlement was reached between the defacto complainant and the accused, the Court held that continuing proceedings was unnecessary and quashed the case.

What did the court decide?

Criminal petition allowed and proceedings against accused Nos. 1, 2, 3, 5, and 6 in C.C. No. 311 of 2021 were quashed.

Tejavath Surender, And 4 Others Vs The State of… — Dowry and Cruelty | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO

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TUESDAY ,THE FIFTH DAY OF JULY 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: 5816 0F 2022

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Between:

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Te.javath Surender, , S/o Bixam, Aged about^{30 years, Occ' Research} Scholar, O.U, F/o. Room No. 109, D-Hostel, Osmania^{University Campus,} Tarnaka, Hyderabad-500007.

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Tejavath Laxman, S/o. Late Bixam, Aged about 35^{years, Occ.agriculture,} R/o. Polampally Thanda, Kuravi Mandal, Mahabubabad^District.

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Banothu Prameela, W/o Balu, Aged about 37^{years, Occ. agriculture,} Fi,/o Tavurya Thanda, Tekulapally Mandal, Bhadradri^{KothagudemDistrict.}

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Bhukya Divya, W/o Veeranna, Aged about 36^{years,Occ. Colie, R/o Deshya} Thanda, Chinna Kistapuram Village, Garla Mandal,^{MahabubabadDistrict.}

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Bhukya Veeranna, S/o Ramulu, Aged^{38 years, Occ. Coolie,Rl/o. Deshya} Thanila, Chinna Kistapuram Village, Garla Mandal,^{MahabubabadDistrict.}

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...PETITIONEFUACCUSED NOS.¹ to 3,5 &⁶

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AND

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The State of Telangana, , Rep. by its Public Prosecutor,^{HighCourt for the} State of Telangana, at Hyderabad.

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Smt. Te.javath Sindhu, W/o Late Jithendar, Aged about^{22 years, Occ. House} Wife, R/o. T.K. Thanda, Chennaraopet Mandal, Warangal^{Rural District.}

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...RESPONDENT/DE-FACTO 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 maybe} quash the proceedings against the petitioners in CC.No.311 of 2021 on the file of the Judicial First-Class Magistrate at Narasampet,^Warangal District.

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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 Memorandum of Grounds of Criminal Petition,the^{HighCourt may be} pleased to grant interim stay of all further proceedings in C.C. No. 311 of 2021 on the file of the Judicial First-Class lvlagistrate at Narasampet,^{Warangal district.}

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l.A. NO: 3 OF 2022

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BETWEEN

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Smt. Tejavath Sindhu, Wo Late Jithendar,^{Aged about 22 years,_Occ. House} Wife, F/b. T.K. Thanda, Chennaraopet Mandal,^{Warangal Rural District.}

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...PETITIONER/R2

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AND

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Tejavath Surender, , S/o Bixam,^{Aged about30 years, Occ. Research} Scholar, O.U, Fl/o. Room No. 109, D-Hostel,^{Osmania University Campus,} Tarnaka, Hyderabad-500007.

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Tejavath Laxman, S/o. Late Bixam, Aged about^{35 years, Occ.agriculture,} Rl/o. Polampally Thanda, Kuravi Mandal, Mahabubabad^District.

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Banothu Prameela, W/o Balu, Aged about 37^{years, Occ.agriculture,} Rl/o Tavurya Thanda, Tekulapally Mandal, Bhadradri^{KothagudemDistrict.}

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Bhukya Divya, W/o Veeranna, Aged about^{36 years,Occ. Colie, Rl/o Deshya} Thanila, Chinna Kistapuram Village, Garla^{Mandal, MahabubabadDistrict.}

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Bhukya Veeranna, S/o Ramulu,^{Aged 38 years, Occ. Coolie, Fl/o. Deshya} Thanila, Chinna Kistapuram Village, Garla Mandal,^{MahabubabadDistrict.}

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...RESPONDENT/PETITIONER

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The State of Telangana, , Rep. by its^{Public Prosecutor, High Court for the} State of Telangana, at Hyderabad.

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....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 be} pleased to permit the petitioner to compound the offences u/s^{498-A, 420 506 r/w} 34 of lndian Penal Code and Section^{3 of DowryProhibition Act.}

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l.A. NO: 4 OF ?022

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Petition under Section 482 of Cr.P.C^{prayingthat in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition, the High Court maybe} pleased to record the compromise between the^petitioners and^{the respondent} No.2 in C.C. No. 31'1 ot 2021 on the file^{of the Judicial First-Class Magistrateat} Narasampet, Warangal District.

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This Petition coming on for hearing, upon^{perusing the Memorandum of} Grounds of Criminal Petition and upon hearing the^argumentsof Sri ANGOTHU NEHRU ,Advocate for the Petitioner and the^of Assistant Public Prosecutor on behalf of the Respondent No.1 and^of Sri V AGANI KUMAR, Advocate for the Respondent No.2

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The Court made the following: ORDER

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THE HON,BLE DT.^{JUSTICE CHILLAKURSUMALATHA}

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CRIMINAL PETITION^{No.5816 of 2022}

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ORDER:

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This Criminal Petition^{is filed under Section482} Cr.P.C. seeking the^{Court toquash the proceedings} initiated against^{the petitionersf Accused Nos'1, 2, 3, 5 and} 6 in C.C.No.311 of 2O2l^{thal is pending on the file of the} Court of Judicial^{Magistrateof First Class, Narsampet'} Warangal District.

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In the forenoon, as it^{was reported that the matter} was settled between^{the parties and the Accusedas well as} the defacto complainant^{intended to resolve the disputes} and lead amicable^{and peacefullife and as the iearned} Assistant Public^{Prosecutor raised no objection for the} same, Registry^{was directed to send the record to the} Secretary, High^{Court Legal Services Committeefor} identification of the^{parties and to place the matterbefore} this Court at^4-00 P'm.^todaY.

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Dr. CSL. J Crl.P.No.58l6 of2022

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Accordingly, the Report of the High Court^Legal Services Committee is on record. Identification^is completed. It is reported that the defacto^{complainant,who} is respondent No.2 herein, entered into compromise^with the petitioners/Accused Nos. 1,2,3,5 and 6 and^{there is} amicable settlement between the parties. It^{is brought to} the notice of this Court that Accused^Nos.4 and 7^{are no} more and Accused Nos. 1, 2, 3, 5 and 6 are^before this Court.

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The defacto complainant, who appeared in^person, stated the same before this Court. The offences^allegedto have been committed by the petitioners are^punishable under Sections 498-4, 42O, 506 r/w. Section 34^{IPC and} Section 3 of Dowry Prohibition Act. It is well^{settled that in} matrimonial matters, when the parties entered^into amicable settlement, there is no necessity for^continuation of the proceedings against the Accused. Same^{view is} expressed by Hon'ble Apex Court in a^{case between B.S'} JOSHI AND OTHERS VS. STATE OF^HARYANAAND

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)

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Dr. CSI- J C .P.No.s8l6 of2022

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ANOTHERl. Therefore, this Court considers it desirable to

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quash the proceedings as prayed for.

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Resultantly, this Criminal Petition is allowed. The proceedings pending against the petitioners/Accused Nos.1, 2, 3, 5 and 6 in C.C.No.3ll of 2027 on the file of the Court of Judicial Magistrate of First Class, Narsampet,

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Warangal District, are hereby quashed.

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