High Court quashed criminal proceedings involving SC/ST atrocity allegations upon confirmation of party identification and a valid joint compromise memo. Court fixed Rs. 5,000 levy to State Welfare Fund.
Criminal proceedings in SC Spl. No.109 of 2022 quashed. Petitioner directed to pay Rs. 5,000 to Telangana High Court Advocates' Association.
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.
I32s1 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD
FRIDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HON'BLE SRI JUSTICE K. SURENDER
CRIMINAL PETITION No: 7016 of 2023
ALONG WITH l.A"Nos.1 AND 2 of 2023
Between:
Katakam Rajeshwar Rao, S/o. Sudharaiah @ Sundhar Rao, Agedabout 75 years, Occ. Agriculture, R/o. MD-7/F Mahathma Gandhi Nagar, Kamanpur Mandal, 8 in cline Colony, Karinagar- Telangana- 505211.
...Petitioner/Accused
AND
...Respondents/Complainant
Petition under Section 482 of Cr.P.Cpraying thatin the circumstances stated in the Memorandum of Grounds of Criminal Petition, the HighCourt may be pleased to quash the SC Spl. No.109 of 2022, daled 04-06-2018registered U/Sec. 504 rlw.34 of IPC and Sec. 3(1Xr) & 3(1Xs) of SC/STs(POA) Act on the file of the Hon'ble ll Additional District and Session Judge at Warangal, Telangana, in the interest ofjustice.
l.A- No: 1 of 2023
Petition under Section 320(6) of Cr.P.Cpraying that in the circumstances stated in the'Mernorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner to Compound Offences U/ s. 504 r/w. 34 of IPC & Sec. 3 (1X0 & 3 (1[s) of SC/STs(POA) Act in SC Spl. No.109 ot 2022on the file of the Hon'ble ll Additional District and Session Judge at Warangal.
/'
./'
l.A. No: 2 OF 2023
Between:
Gunti Srinivas, S/o. Sammaiah, Aged about 36 Years, Occ. Agricultural, Rl/o. H No. 1-26, Chinnathudla Village, Malalhar Rao Mandal, Bhupalapally District.
...Petitioner/Accused
AND
...Respondents/Complainant
Petition under Section 320 (2) 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 record compromise and quash the proceedings in SC Spl. No.109 ol 2022 on the file of Hon'ble ll Additional District and Session Judge at Warangal.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri R. MANGULAL, Advocate for the Petitioner in Criminal Petition and l.A.No.1 of 2023 and Respondent No.2 in l.A.No.2 of 2023 and the Additional Public Prosecutor on behalf of the Respondent No.1 in Criminal Petition and l.A.Nos.1 & 2 of 2023 and of Sri GELLI SHILPA, Advocate for the Respondent No.2 in Criminal Petition and l.A.No.1 ot 2023 and Petitioner in LA.No.2 ot 2023.
The Court made the following: COMMON ORDER
,/
THE HONOURA-BLE SRI JUSTICE K. SURENDER
CRIMTNAL PETITION No.70L6 0F 2023 ALONG WITH I.A.Nos.1 AND 2 0F 2023
COMMON ORDER:
This Criminal Petition is frled under Section 482 Cr.p.C., seeking to quash the proceedings in SC.Spl.No.1O9 of 2022 on the file of the II Additional District and Sessions Judge at Warangal, against the petitioner/Accused. The offences atleged against the petitioner are under Sections 5O4 r/w.34 of the Indian Penal Code and Section 3(1)(r) and 3(l)(s) of the SC/STs (POA) Act, 2015.
2
Hyderabad, for their identification and also directed the Secretary to submit a report by 19. 1O.2O23. In compliance with the said order, the Secretar5z has submitted his report, on 16.10.2023.
7 . In view the said report of the Secretar5r, Telangana High Court kgal Services Committee, Hyderabad, and also in view of the compromise entered between the petitioner and respondent No.2, I.A.Nos.I and 2 of 2023 are allowed. Consequently, the
J
Criminal Petition is allowed and the proceedings in SC.Spl.No.1O9 of 2022 on the file of the II Additional District and Sessions Judge at Warangal, are hereby quashed against the petitioner. Petitioner undertake to pay arr amount of Rs.5,OOO/-(Rupees Five Thousand Only) to the Telangana High Court Advocates' Association, Hyderabad, within a period of ten days from today, and file proof of the same into the Registry.
As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.
SD/. MOHD.SANAULLAH ANSARI ASSISTANTRE STRAR
//TRUE COPY//
SECTION FFICER
(Along with a Copyof Memo of Compromise) Note:Amountof Rs.5,000/- i'irp.".rir" thousandonly ) has been paid by sRl R. MANGULAL,counset tor tire'Ippettant as direcled bv lhe Hon'blecourtvide order dated17-11-2023 t" t#-"'ili;to''slinir welfareHyderabad-' and filed iiJi.. ,"pioof of compliance USR No l 19635of 2023 date406-12-2023'
Kam
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HIGH COURT
DATED:17l,1112023
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COMMON ORDER
CRLP.No.7O16 of2023 ALONG WITH !.A.Nos.1& 2 ot 2023
ALLOWING THEBOTH l.As AND CRIMINAL PETITION
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2 issues framed by the court
Whether proceedings under SC/ST (PoA) Act and IPC for caste offence can be quashed upon compromise and identification of parties.
Whether High Court can compound offences under SC/ST (PoA) Act upon joint compromise memo.
4 provisions across 3 enactments
Katakam Rajeshwar Rao
The State of Telangana
Gunti Srinivas
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
