Allowed

Chettikindi Ashok and 2 Others v. The State of Telangana and Another

Telangana HC22 Jun 2023CRLP/7284/2022

Case brief

AI extract

What is this about?

The High Court of Telangana allowed a compromise petition filed under Section 320(2) CrPC read with Section 482 CrPC. The court quashed the criminal proceedings in a case involving the SC/ST (Prevention of Atrocities) Act and related IPC provisions after a settlement was reached between the accused and the complainant, subject to payment of fines.

What did the court decide?

Proceedings in SPl.S.C.No.92 of 2021 quashed; Petitioners directed to pay Rs.5,000 to Director, Sainik Welfare and Rs.5,000 to Telangana High Court Advocates Association within two weeks.

Chettikindi Ashok and 2 Others Vs The State of… — Criminal Trial and Appeal | Telangana HC (2023)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

THURSDAY ,THE TWENry SECOND DAY OF JUNE TWO THOUSAND AND TWENry THNEE--^--

¶3

rHE HoNouRABLE sMr rr8l,E?tdlrupAMA .HAKRAVARTH'

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l.A.NOS.3 AND40 F 2022 IN/AND cRIMINAL PETITION NO:7284 OF 2022

¶5

LA.Nos .3&4 of 2022:

¶6

Between:

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U:':eH["',1)iili#'&S11ll:',',1'tt"til,Tt[i+",gig[lil?Sle{8,,F.",

¶8

AND

¶9

'1. Chettikindi Ashok. S/c 'x[=.Hr;[H,j]"[ii:n""B,n8:Xl,?iJr?rff

¶10

:Sr"1li,i3ii;"8"8,.il:il.r"T,iffi1"j

¶11

',#ffi Sappetla Venkataopa [,..',fi;E8xflffi ,ViffiJ":ir:l"iif"1H"flfl?r]f r ""1*3LJii,B,.?,li:

¶12

3..Irleerati " Chennaooa. s#L#L1"0iBE? "ffniflTJ:?^{,nl?x, ,,ik,f8:.d} ,".",i", ig,':H[:l?

¶13

'lL?"tl?F"gln"iX:niift ,TSl;ooJo*',0,,.;..5,E"?[3i?[XLti:51;1oNERS l.A. NO: 30F 2022 ...RESPONDENTS/RESPONDENT NO.1

¶14

petition under secrion 320 (2) Read with 4g20f cr.p.cpraying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be preased to accord permission to compromise the above case in Spr's c No 92 0f 2021 , dt. o5to6r2o210n the fire of Honourabre spr. sessions Judge for sc/s.s-cum- v, Addr. District and sessions Judge at Mahabubnagar, in the interest of justice. l.A. NOi4 oF2022

¶15

Petition under Section 320 (2) Read with 4g2 of Cr.p.Cpraying that in the circumstances stated in the Affidavit and Joint . Memo of compromise filed therewith' the High court may be preased to record the compromise and quash the proceedings in Spr.S.c.No .92 0f 2021 , dr.o5ro6t2o210n the fire of Honourabre spl sessions Judge for sc/srs-cum-v, Addr. District and sessions Judge at Mahabubnagar, in the interest of justice.

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CRL.P.N o.7284 ot:2022 BETWEEN

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Chettikindr As,hok and 2 .Others S/o.Hanmappa, Aged 30 years, Occ. News Telangana Reporter R/o Stitte.Barampet Virage "i ri"rii'dffJu Mandar, vikarabad District,

¶18

Sappetla Venkataooa @ Venkatesh, S/o.Hanmappa , Aged 24 years, Occ. Agricurture. Rro.aitampEt virragt-ii'o6u'iii,alao vanoatl Vikara5ad District, Telangana Sterte.

¶19

Neerati Cherrnaooa, S/o Ashappa, Aged 25. years, Occ. Agriculture, R/oBatampet viria'ge oi o"rlihlti' rtrili""r,'vikarabad District, T-erangina

¶20

...PET|T|ONER/ACCUSED Nos.1 to 3 AND

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'1. The state of r.ranoana and Another, Rep. by its pubric prosecutor, High Court for the Srate"of T;hnqr;;Aiti;;#;;jj^'

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2 Smt.. Kavali Lar:mi, Wo. Mathusudanl AgAl, years, Occ. lKp Committee Leader. R/o Baramoet Vilage of DourthadJd rrrriioli,-v,tiiib;; D;i;;i,""" Telangana State.

¶23

.,. RESPONDENTS/DEFACTO COMPLAINANTS

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Petition under Section 4g2 of cr.p.c praying that in the circumstances stated in the Memorandum of GroLrnds of criminar petition, the High court may be pleased to Quash the proceedings in spr.s.c.No .g2 of 2021 , dt.05/06/2021 on the fils of spl. sessic,ns Judge for SC/srs-cum-Vil Addr. District and Sessions Judge at Mahabubnagar, for the offences U/sec.3s4(D), 323, s04,509 r/w 34 rpc and sec.3(1)(r)(s)(w)(ir) and 3(2) (Va) of the sc/STs Amendment Act, 2015.

¶25

t.A. NO: 20F 2022

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Petition under .iection 492 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition,the High court may be pleased to grant stay of ail further proceedings in Spr.S.c.No .g2 of z0z1 , d1.0510612021 on the fire of Honourabre spr. sessions Judge for sc/sls-cum-Vil Addl District and sesr;ions Judge at Mahabubnagar, pending disposar of the above criminal petition and pass

¶27

These Petitions r:oming on for hearing, upon perusing the Memorandum of Grounds of criminar p-'tition and compromise petition and upon hearing the arguments of Sri r.Rajirrikanth Reddy ,Advocate for the petitioners in crr.p and Respondent Nos.1 to 3 in r-A.Nos.3 &4 of 2oz2 and the pubric prosecutor on behalf of the Respondent No.1 in crr p and Respondent No.4 in r.A.Nos.3&4 of 2022 and of Sri rhoom ririnivas. Advocate for the-Respondent No.2 in crr.p and Petitioner in l.A.Nos 3&4 of 2022.

¶28

The Court made the following: ORDER

¶29

I I

¶30

HON'BLE SMT. JUSTICE^{G, ANUPAMA CHAKRAVARTHY}

¶31

I.A.NOs.3 AND 4 of 2022 IN/AND CRIMINAL PETI^{TIONNo.7284 of 2022}

¶32

COMMON ORDER:

¶33

On 31.03.2023, it^{was submittedby learned counsel for the} petitioners as well as respondent No.2 that during^{the pendency of} the present Criminal Petition, the^{partieshave compromised the} matter and, accordingly, respondent^{No.2 filed I.A.Nos.3and 4 of} 2022 lo permit them to compromise the^matter.

¶34

This Court, uide order dated 31.03.2023,^{directed the parties} and their respective counsel to^{appearbeforethe Secretary,High} Court Legal Services Committee,^{Hyderabad,for their identification} and for recording the compromise^{entered between them.}

¶35

Pursuant to the said direction, the^{parties along with their} respective counsel have appeared^{before the Secretary,High Court} Le gal Services Committee,^{Hyderabad,who in turn, has identifiedthe} parties and recorded the^{compromise.The} Joint^Memoof Compromise and the^{Report of the Secretary are placed on record.}

¶36

In view of the above,^I.A.Nos.3 and^{4 of 2022 are allowed'} Consequently, the Criminal^{Petitionis allowed and the proceedings} in Spl.S.C.No.92 of 2O2l on^the flle of^{learned Special Sessions} Judge for SC's/ ST's-cum-VII^{Additional District and SessionsJudge,}

¶37

¶38

Mahabubnailar agarnst rlre petitioners_Accused are hereby quashed subject to tite pelitioncrsi pa,1n9 an amounr of I?s.5,OOO/ -(Rupees Five Thousard OniyJ to The Director, Sainik Welfare, Hvderabad (Savings A/c.No.52 18892b27g, State Bank of India, Shantinagar Branch (2OO,O), IFSC C.de :SBIN0020O7O, MICIT No.S0OO0a057) and Rs.5,000 /-(Rupees prvc Thousand Only) to the .Telangana High Court Advocatcs Associirlrorr. Hyderabad,, within a period of two weeks from torlay, and file p;-oof of the same into the Registry.

¶39

Pending miscellaneorrs applications, if any, shall stand closed

¶40

¶41

//TRUE COPY//

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Sd/- C. PRAVEEN KUMAR ASSISTANT REGISTRAR rp

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SECTION OFFICER

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To 1 The Special Sessions Judge for SC/STs Cum Vll Additional^{District &} Sessions Judge, at Mahabubnagar

¶46

.2. The Station H"orise Officer, Doutihabad Police Station, Vikarabad^District )s One CC to Sri¹ .Rajinikanth Reddy, Advocate^(OPUC) '4. One CC to Sri l-hoom Srinivas, Advocate^(OPUC)

¶47

Two CCs to Public Prosecutor. High Court of Telangana^(OUT) b. Two CD Copies

¶48

(Along with a copy of Joint Memo)

HIGH COURT

DATED: 22106t2023

COMMON ORDER

l.A.Nos.3&4 OF 2022 IN/AND CRLP.No.72B4 of 2022

¶53

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¶54

DISPOSING OF THE CRL.P IN TERMS OF COMPROMISE.

¶55

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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Crl.P.No. of 2022 4it\

¶57

Against

¶58

Spl.S.C.No.92 of 2027

¶59

(On the file of Hon'ble Spl. Sessions Judge for SC/ST's-cum-VII Addl. District & Sessions Judge at Mahabubnagar)

¶60

Between :

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1 Chettikindi Ashok, S/o. Hanmappa Aged 30 years, Occ: News Reporter R/o.Balampet Village of Doulthabad Mandal Vikarabad District, Telangana State.

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2 Sappetla Venkatappa @ Venkatesh, S/o. Hanmappa Aged 24 years, Occ : Agriculture R/o.Balampet Village of Doulthabad Mandal Vikarabad District, Telangana State.

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3 Neerati Chennappa, S/o.Ashappa Aged 25 years, Occ : Agriculture Rfo.Balampet Village of Doulthabad Ma0dat Vikarabad District, Telangana State.

¶64

..Petitioners/Accused No.1 to 3

¶65

AND

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1 The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana At Hyderabad.

¶67

2 Smt.Kavali Laxmi, Wo.Madhusudan Aged 32 years, Occ : IKP Committee Leader R/o.Balampet Village of Doulthabad Mandal Vikarabad District, Telangana State.

¶68

Respondents/defacto Complainant

¶69

JOINT MEM O FILED BY THE PETITIONE RS AND RESPON DENT NO.2

¶70

It is submitted that the Respondent No.2 have given a report to the police on 30.05.2021, basing on the said report, the police Doulthabad have registered the FiR No.54 0f 2021 U/Sec.354(D),323,504, 509 rlw 34LpC and sec.3(1)(r)(s)(w)(ii) & 3(2) (Va) of the sc/sTs Amendment Act, 2015 stating that since 2012 she has been v.Jorking in IKP and on 29.05.2021 in the eiening hours at 5.30 pM when she was working at IKp Paddy procurement centre in the meantime her villagers namely chettkindi nsnor,

¶71

¶72

s/o.Hanmappa, sappetla Venkatappa, s/o.Hanmappa, Neerati Chennappa, s/o.Ashappa < came to IKP centre in an inebriated condition and asked that why the procured paddy f_. not transpofting which is procured from the farmers and also started abusing her in the name of her case as "t:me Lambadi Dana Em peekadaniki Unnav', and tried to push her and on seeing this inciJent, her younger brother Mudavath Rahul tried to save her but they also beat her brother with hands. Further the complainant added that the above persons are frequently following her and also used to tease her when she was working and eventually the complainant has requested for taking necessary legal action against the above persons as per law". Now, the defacto complainant has no intention to proceed with the case and der;ided to withdraw the above case in spl.s.c.No.92 of 2021. Therefore, the Petitioners have no objection to allow the above criminal petition by way of compromise.

¶73

I submit that during the pendency of the said case at the intervention of the elders and well-wishers the matter has been amicably settled and to that effect the 2nd respondent have decided to withdraw the said case unconditionally.

¶74

a In\riew of the abore it is prayed that this Hon'ble court may be pleased to record the compromise and quash the proceedings in Spl.s.c.No.g2 of 2ozl, dt.05.06.2021 on the file of Hon'ble spl. sessions Judge for sc/srt-cum-vll Addl. District and sessions Judge at Mahabubnagar., n the interest ofjustice.

¶75

Petitioners

¶76

Respondent No.2

¶77

1 -f^veni(nr9l 2 3 I d',enn^^/h

¶78

Coun the Petitioners

¶79

-F Counsel for the espondent No.2

Chettikindi Ashok and 2 Others v. The State of Telangana and Another

Case brief

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Chettikindi Ashok and 2 Others v. The State of Telangana and Another

Case brief

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