Allowed

Pasuladi Naveen v. The State of Telangana

Telangana HC15 Nov 2023CRLP/8026/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Section 482 Cr.P.C. to quash proceedings under sections 498-A and 306 IPC. The Court accepted a compromise filed by the accused and the mother of the deceased, reasoning that specific instigation for suicide was not made out and the dispute was settled amicably.

What did the court decide?

Criminal proceedings in SC No. 567 of 2023 quashed; accused to pay Rs. 10,000 to Director, Sainik Welfare.

Pasuladi Naveen Vs The State of Telangana — Matrimonial and Divorce | Telangana HC (2023)

¶1

IN THE HIGH COURT FOR T AT HYDJREAEITTE^{OF TELANGANA}

¶2

WEDNESDAY ,THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREi'""'"

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE K.SURENDER

¶5

Between:

¶6

CRIMI NAL PETITION NO : 8026 oF 2023 ALONG WTH I.A. No 4 of 2O23

¶7

1 Electrician, All are

¶8

fi iilifu!,3,,,:x"f "31!,[l?iJ,i,,]nh,18"1"3;8".?, Mandal, Medchal

¶9

2 ffi ;1$lylt{''#a,#",fl^{:nr:%'Af*"J.,rffi J#r.u#.i:,:} o,fll.,sfx,,1?,i,33,,;;::i""#

¶10

fl,:ii?jl$j.,:?p#,?:*"i31? #,,",1i;[TfJstf;3i

¶11

AND

¶12

...Petitioners/Accused No. 1, 2 & 3.

¶13

$i::t}S:,b,,'Bitfl^{T,,Jlii"#"[,?,,lilBi*?to:l,,,,58[X""f,fj,iil]}

¶14

2 g:,6fs,?"g,",fi il?

¶15

fi m #lf i[$,?flE8t#ii1]]iltaH,ei,,:e "?"fi "h:t:i',

¶16

...RespondenUComplainant

¶17

Petition under Sectic s ta ted i n iil M;;;; "ilIi :i : ::1:! !ii;[,! ll,rl?,,T.i,,,i1 ;* i n"diX [ *:lT: pteased to quash the proceedings i. sc r.r".'io') court at the I Addirionar Markaiqiri, District Medcha.l 'no.sessioni il;; "r'z"o'lt ffi:i,rtJ-cum-Additionar^{on the fire of the court of} Famirv ^Matkaigiri^{oi";i; 1;i-,iirru..amended as} oei ffi oto". dated 16.11.202g viue'iA.ir;;;rb; li'aoe in crr.p. No.B076 of

¶18

I.A. NO:2OF 2023

¶19

Petition under Sectio ;E::1^{j";its#:?:r;{-'d,',,11"!'::!:",?,f"':,'ffi,[,1U:ff '#x[',l",r:} the court of the I Additionr, l:f P'o"?loings^{in sc wo soz of} z6zs;il;[:,; r,,vt",.t',i,;;,"-:l#,11r:1,':Hlil:fff iJi8l11::;tf ,l[?;::miilj,.i::

¶20

per Court Order dated No.8076 ot 2023) 16.11.2023 vide t.A.No.S of 2023 ma(te in Crl.p.

¶21

l.A. NO:4 oF 2023

¶22

Between:

¶23

B[,:,.I!f^{E5J7i: 8,:i#i#ru:aH,,,?;,?3[1,"f3,?*:,y,fi :l?.?:fi}

¶24

":xfl:urrvrarra;isiri

¶25

AND

¶26

...petitioners/Accused l,lo. 1, 2 & 3.

¶27

'EiiX|3ET.XYEff ,lJ"v,,ili,T?3nfl S;,r,.r^i,,";i,lli?,?? jl"iliri#S;;,Residinsat

¶28

'fi ii:i33!:fl lli,?#'s#,i:'Jl,"onl,i?.1p,il??,!.;ifi:ff :ii,Hai^,L"""r,., ' 5,i,#it X?'1",$; iti [1]?f,iiti,ti,it;f"*"i,"ffi1!], R6?Ii,1,F.#flS ;,,fl,,:1,:

¶29

4 rhe State or reransana,,,rf:rg,ljry sHo,.Medipali ;nj:L- fi"r'""_"":; Rep bv the pubric Frosecutor, rirgd coJrt'Ii i;;i#x. ror the state of r:rangana.

¶30

... RespondenUCc.mplainant

¶31

petition under section_3_20 (2) of cr.p.c praying that in the circrmstances stated in the Memorandum ot OroJnos oiCrir]nli?"t,tion,the High Corrr{ ps, 5" pleased to record the compromise "nO^{qrr.f., iiu'proceedings in SC No.567 of} 2023 on the fire of the court or *," inoo'ltiJrrr iii.,i" and sessions J,rdge-cum_ MSJ-cum-Additionat Famity^c"l,r^ ef-N;;ikftIi, ''il"."nr, Matkajsi.i Diskict. against the accused trlos t,.2 anO S. 1SC ftuilEe. amenoeO as per Cc,urt Order dated 16.{1.2023 vide t.A.No.s or zo)i ,"0" ir-;;i'p. No.8o76 ot 2Oz3)

¶32

^ This^petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing tfre arguments of Sri Laxmaiah Kanchani, Advocate for the petitioners and the pirUti" pro.""rtor (TG) on behalf of the f,espondent No l , and of sri Bandi madhavi,Advocate for the Respondent

¶33

The Court made the following ORDER:

¶34

THE HONOURABLE SRI JUSTICE^{K. SURENDER}

¶35

CRIMINAL PETITION^{No.8O26OF 2o23} ALONG WITH I.A.No.4^OF 2023

¶36

COMMON ORDER:

¶37

This Criminal Petition is filed^{under Section 482 Cr.P.C', by} the petitioners/Al, A2 &^{A3 to quash the proceedings in SC'No'567} of 2023 on the lile of I Additional^{District and SessionsJudge-cum-} MSJ-cum-Additional Family Court^{atMalkajgiri, Medchal-} Malkajgiri District. The^{offences allegedagainst the petitionersare} under Sections 498-A and^{306 r/w. 1O9of the Indian Penal code'}

¶38

2" Heard learned counsel appearing^{on both sidesartd learned} Additional Public Prosecutor^{for the State. Perusedthe record'}

¶39

Briefly, the case against the^{petitioners is that AccusedNo'1} married the deceased^{on 26.08.2021. At the time of marriage dowry} of Rs.2 lakhs, Rs.1.25 lakhs^{for vehicle, Rs.50,0OO/- for clothes,16} tulas of gold and other^{household articleswere given. Fifteen days} after the marriage,^{AccusedNo. 1 started harassing the deceased} both physically and mentally^{and informed that he lovedsome} other womal and he is not^{interested in marrying the deceased'} Counseling was held in the^{presence of elders of these petitioners,} pursuant to which they took the^{deceasedto their house stating} that they would look after^{her u'ell. However,harassment}

¶40

¶41

¶42

continued and the parents of the deceased took her trome on 25.08.2022. From 25.08.2022 she was staying in her parents, house. It was decided to held panchayat, however, on Ol 12.2022 the deceased committed suicide.

¶43

On the basis of the said complaint, the policc filerl charge sheet. The petitioners/Al to A3 are being prosecuted for the offences under Sections 498-4, & 306 rlw.lOg of the Indian penal Code.

¶44

However, during the pendency of this petition l.he n-rother of the deceased filed petition seeking induigence of this Court to quash the proceedings on the ground of comprom ise rurd filed IA.No.4 of 2023 under Section 32O (2) r/w.482 of rhe Cr.p.C. along with Joint Memorandum of Understanding.

¶45

Learned Additional Public prosecutor would oppose the compromise on the ground that Section 306 0f the India, penal Code is not compoundable and the punishment presc,riberl is up to 1O years.

¶46

7 . As seen from the complaint, the allegation is that Accused No'1 used to beat the deceased. The deceased went tc her.parents, house on 25.08.2022 and the incident happened ot Ol 12.2022.

¶47

¶48

The deceased was staying in her^parents' house for three months. No single incident is narrated which transpired in the said three months. Even prior to that the allegations are omnibus in nature and no specific details are given regarding any incident that occurred. Beating the wife by the husband would not attract the offence under Section 306 of the Indian Penal Code in the^present circumstances and would not amount to instigation or inciting the deceased to commit suicide. Since none of the ingredients of Section 306 of the Indian Penal Code are made out, this Court is inclined to accept the compromise in between the parties and compound the said offence.

¶49

The parties herein have filed a^joint memo of compromise along with IA.No.4 of 2023 stating that they have settled^the disputes between them amicably and 2'd respondent has^no objection to quash the proceedings in SC.No.567/2023^{against the} petitioners/Al, A2 & A3. The said^joint memo of compromise is placed on record.

¶50

Both the parties are present in person and identified by their respective counsel. The parties, who are present in the Court, admit the Compromise. When learned Additional Public Prosecutor questioned, the defacto c,omplainant/ 2d respondent stated that

¶51

¶52

they have no objection in quashing the proceedings against the petitioners/Al, A2 &, 43. Copies of Aadhar Cards of parties :rre a-lso filed.

¶53

In view of the compromise entered between the: pe,,itioners/A1 to A.3 and respondent No.2 (mother of deceased) I.A.No.4 of 2023 is allowed. Consequently, the Criminal petition is allo*,ed z,,d the proceedings in SC.No.567 of 2023 on the file of I Additirnal District and Sessions Judge-cum-MSJ-cum-Additional FeLmily Court at Malkajgrri, Medchal-Malkajgiri District, is hereby quashed against the petitioners/A1 to A3. Petitioners/A1 to ,{3 undertal<e to pay an amount of Rs. 10,000/-(Rupees Ten Thousand Only) to the Director, Sainik Welfare, Hyderabad (tsavings A/c.No.S2188926279, State Bank of India, within a periocl of ten days from today, and file proof of the same into the RegLstry.

¶54

As a sequel, the miscellaneous petitions, pending if any, shall

¶55

stand closed.

¶56

Sd/-Mohd lsl,lail ASSISTANT REGISTftAR //TRUE COPY// srcrrorf#rcen

¶57

To,

¶58

1 The I Additional District^{and Sessions Judge-cum-MSJ-cum-Additional} Fimily Court at^{Malkaigiri, Medchal, Malkajgiri District'}

¶59

2 Two CCs to Public^{Prosecutor, High Court of Telangana,[OUT]} One CC to Sri Bandi^{Madhavi,Advocate (OPUC)}

¶60

4 One CC to Sri.^{Laxmaiah Kanchani,Advocate} IOPUC] q Two CD Copies.

¶61

d,..-, Jgk

¶62

(Herewith Joint Memo copy is enclosed and as^per Hon'blo Court^{is directed} io^pay Cost Rs.10,0001^{(Rupees Ten Thousand only)^to^the Director,Sainik} Wirrr",^{Hyderabdd.cosi pdio viae usR No.1133542023, dated17 11 2023)}

HIGH COURT

KS,J

DATEO:15111t2023

ORDER

CRLP.No.8026 of 2023 ALONG WITH LA. No.4 of 2023

¶68

;sC...r1<br>( 9r
t
((,
l'
z
1 3 0[c 2023
-,.':-l _9
\
* l);: l/:1'L'
,i/

¶69

CRIMINAL PETITION ALLOWED IN TERMS OF COMPROMISE

¶70

lv//'.<br>r.^A-
(b
l*l.t

!l '1

I .r!

IN THE^{HIGH COURT FOR THE STATE OF TELANGANA} AT HYDERABAD

¶75

cRLP.No(rbq:^{of 2023}

¶76

BETWEEN:

¶77

Pasuladi^{Naveen,S/o. Krishna,} Age: 30^{years,Occ: Electrician,}

¶78

Z. Pasuladi.^{Lalitha,W/o. Krishna,} Age: 56 Years,^{Occ: House Wife,}

¶79

I I I

¶80

i i

¶81

Pasuladi^{Krishna,S/o.Late Gandaiah,} Age: 62 Years,^{Occ: Retd. Employee,}

¶82

All are^{Residing at H.No.3-2, Korremula Village'} Ghatkesar^{Mandal, Medchal Malkajigiri Diskict'}

¶83

...PETITIONERS/ACCUSED^{NO. 1, 2 & 3}

¶84

AND

¶85

The State^{of Telangana,throughthe} SHO, Medipally^{PoliceStation,Rachakonda'} Rep. by the^{Public Prosecutor, High Court} at Hyderabad^{for theStateof Telangana}

¶86

Smt.^{Venkatalachu Sumatamma,W/o' Balraj'} Age; 45^{Years, Occ: Labour,} R/o.H.No.5-38/A,^{Prathapasingaram Viilage'} Ghatkesar^{Mandal, Medchal MalkajigiriDistrict'}

¶87

.. RESPONDENT/COMPLAINANT

¶88

JOINT MEMO

¶89

It is respectfully^{submitted that petitionerssubmlt the 2ndrespondentstated} in her comptaint^{that she have one daughter and one son' on 26'08'2021her} daughter by^{name Bhavani age:28 years marriagewasperformedwith ld}

¶90

\ #

¶91

¶92

petitioner in DBR Garden satyanrayanapuram and at the time oF m.rriage net cash of 2 lakhs, Rs 1.25 lakhs for vehicle, 50,000 for ctoths, 16 thulas of gold and other household articles given as dowry. After the marriaqe her daughter Iooked well for 15 days only, after that the 1.r petitioner harassing her both physica'y and menta'y and he informed to her daughter stating that he was roved other women and he was not interested to marry her daughter and beat her by abusing in filthy language, the same was infornred to her by her daughter. A family counseling g,ven in the presence of elders h) 1,r Fetitioner, the^petitioner no. 2 and 3, for which the petitioners took her daughter to their house by saying that they wourd see her daughter carrng ,ruer. ,ut their altitude never changed. Again, the 1.r petitioner harassingl her flaugh1sr 316 not taking care about her and beat her with hands, wlrile lhe s.me was informed to the 2nd and 3'd petitioners, they not risten her words an J brindry supported to l.rpetitioner, on received the information from her dau-chter, on 25.08.2022 2,,d respondent and her husband went to petitiont:rs house and brought her daughter to their home. From that day onwards, the pelitioners are not taken her daughter to their home and not responded to their cars over phone. For which her family decided to held a panchalath in the presence of elders on coming Saturday. On 01.12.2022a t 06.00 hours the she went to hei daily work and after completion of her work, she ie[urnecl to her house. And fourid that her daughter was committed suicide by hanginq to the ceiling fan with the help of saree in the bed room, immedia tely s_re and neighbors 1) Radhika and 2) pushparatha were cut the saree a.,d get down her daughter and found died without respiration. Immediately s;he in brmed

¶93

¶94

the same to vlce Sarpanch^{Smt.Abedha Begum and informed to Police'} Further, she added that^her dauqhter^{was committed suicide by hanging with} disgusted over life due to harassment^{of the petitioners,Hence, she requested} to take necessary action against the^{petitionersand on receipt of the same} the l't respondent Police have registered^{a crime in FIR No. 1306 of 2072,} dated.01- 12-2022 for^{an offence punishableU/s.498-A,306 r/w 109 IPC.}

¶95

Having come to know about the initiation of^{above proceedingsby the Znd} respondent against the^petitioners, the^{well wishersof both sides and caste} elders have intervened and have suggested^{for amicable settlementand the} same was happened due to^{misunderstandingbetween the petitioners&2nd} respondent and now both of them amicably^{settled the same and got} compromised without any coercion^{fromany quarter and in the presence} of family members of both sides and^{accordingly2nd respondentis not} interested in pursuing the matter anymore^{and therefore approachingthis}

¶96

Hon'ble Court to quash the^proceedings against^th

oners herein. Hence

l:.:t'

this^joint memo.

F^N'w"-rn

l'tPetitioner/Accused No. 1

¶102

2ndPetitioner/Accused^No. l-

¶103

?,v*P-

¶104

3'd Petitioner/Accused No.3

¶105

, vJ.6sj

¶106

2nd Respondent/defacto-Complainant

¶107

Counsel for the tioners

¶108

Co espondent

Pasuladi Naveen v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Pasuladi Naveen v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Shaheen Begum (wrongly mentioned As Shameem Begum) Vs The State of Telangana

KoIla Sridhar Vs The State of Telangana

Smt. Shaheen Begum , Shameem Begum Vs The State of Telangana

Perala Hari Hara Krishna Vs The State of Telangana

Jangam Chandra Mohan Goud Vs The State of Telangana

Kalayan Vishal Singh Vs The State of Telangana