The high court allowed connected I.A.s and quashed criminal proceedings against petitioners in CC No. 1304 of 2023 following a reported compromise between parties.
Criminal proceedings in CC No. 1304 of 2023, along with I.A. Nos 1 and 2 of 2024, were quashed/allowed based on the parties' compromise.
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.
[3257 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE TWENry FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
l.A.NOs.1 and 2 ol 2024 in/and
CRIMINAL PETITION NO: 10039 OF 2023
Between:
All are r/o Villa No. 15 Palm Meadows, Gundlapochampalli,Medchal- Malkajgiri District 500 100
...Petitioner / Accused No.1 to 4
AND
...Respondents / Complainant De-facto Complaint
Petition under Section 482 of Cr.P.Cpraying that in thecircumstances stated in the Memorandum of Grounds of CriminalPetition,the High Court may be pleased to call for the recordspertaining to CCNo. 1304 of 2O23on the file of the Prl. Junior Civil Judge cum Prl. Judicial Magistrate ofFirst Classat Hanamkonda and quash the same in the interest ofjustice.
l.A. NO: 1OF 2023
Petition under Section 482 of Gr.P.Cpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, theHigh Court may be pleased to grant stay of all furtherproceedings pursuant to CCNo. 1304of 2023 on the file of the Prl. Junior Civil Judge cum Prl. Judicial Magistrate ofFirst Class at Hanamkonda,pending disposal of thepresent criminalpetition.
l.A.NOs.1 and 2 ol 2024
Betwee n:
Smt. K.Alekhya, D/o Rajeshwar (previously w/o. Vara Prasad) Aged about 30 years, Occ. Nil r/o Flat No. 519 Shanti Trikuta Residency 100 Feet Road Prasanth Nagar Colony, Hanamkonda 507370
...Petitioner / Respondent No.2 / De-facto Complaint
AND
All are r/o Villa No. 1 5 Palm Meadows, Gundlapochampalli, MedchalMalkajgiri District 500 100
...Respondents / Petitioners
...Respondent / respondent No.1
l.A. NO: 1 OF 2
Petition under Section 359 (2) of BNSS 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 compromise in CC No. 1304 of 2023 on the file of the court of the Prl. Junior Civil Judge cum Prl. Judicial Magistrate of First Class, Hanamkonda.
l.A. NO: 2OF 2024
Petition under Section 359 (6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise and consequently quash the proceedings in CC No. 1304 of 2023 on the file of the court of the Pr!. Junior Civil Judge cum Prl. Judicial Magistrate of First Class, Hanamkonda against the respondents/petitioners herein.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T. Sanjay Reddy, Advocate for the Petitioners and the Public Prosecutor (TG/AP) on behalf of the Respondent No.1 and of Sri Bommineni Vivekananda, Advocate for the Respondent No.2
The Court made the following Common Order:-
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HON'BLESMT.JUSTICEJUVVADI SRIDEVI
l.A.Nos.land 2 of 2024 in/and CIIIMINAI, PE'tITION No.10039of 2023
COMM oNORDERi
This CriminalPetitionis filed under Section 482 of Cr.P.C.,by the petitioners/accusedNos'l to 4 to quash the proceedingsagainst them in C'C'No'1304 of 2023 pending on the fileof Principal JuniorCivil Judge-cum-Principal Judicial I{agistrateof First Class, Hanamkonda' registered for the offencespunishable underSections498-A and342ofIPC and Sections3 and 4 of the Dowry ProhibitionAct' 1 961'
\
2.ltissubmittedbylearnedcounselappearingforthe petitionersas well as the 2nd respondent' that during pendency of thepresentCriminalPetition, the parties havecompromised the matterand accordingly,l'A'Nos'1and2 of 2024 have been filed torecord the compromise betweenthem and to compoundthe offences'
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2
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for the Statc of Telangana, Hyderabad, for identification and ro subrnit a repoft.
5 In view of the above, I.A.Nos. I and 2 of 2024 are allowed.. Consequently, this Criminal petition is allowed and the proceedings against the petitioners/accused Nos.r to 4 in C.C.No.l304 of 2023 pendingon the file of principal Junior civil Judge-cum-principar Judiciar Magistrate of First class, Hanamkonda, are hereby quashed.
Miscellaneous applications , if any pending, shall stand closed.
Sd/- L. VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPYII :* SECTION OFFICER
To,
r,'ii
HIGH COURT
DATED:21 111t2024
COMMON ORDER
l.A.Nos.1 &2of 2024 in/and GRLP.No.10039 of 2023
THE SI 4t.
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ALLOWING THE CRLP AND l.A.Nos.1 &2of 2024
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2 issues framed by the court
Whether proceedings under Sections 498-A IPC, Section 342 IPC and Sections 3 and 4 of Dowry Prohibition Act should be quashed following compromise.
Whether Sections 359(2) and 359(6) of BNSS can be invoked to record the compromise and compound the offences.
7 provisions across 4 enactments
Chintala Varaha Prasad and others
The State of Telangana
Smt. K.Alekhya
Justice Juwadi Sridevi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
