High Court allowed IAs and criminal petition to compound offences and quash criminal proceedings initiated under IPC and DP Act based on a recorded compromise between the parties.
The Criminal Petition and I.A. Nos. 2 and 3 are allowed; proceedings in C.C. No. 625 of 2016 are quashed.
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 ]
IN THE HIGI.I COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
l.A. NOS.2 ANp 3 0F 2024
IN / AND
CRIMINAL PETITION NO: 13152 OF 2024
Between:
...Respondents / ComPlainants
Petition under Section 528 of BNSSpraying that in the circumstances stated in the Memorandum of Groundsof Criminal Petition,the HighCourt may be pleased to quash charge sheet in C.C No. 625 ot 2016 onthe file of the Xlll Additional Chief Metropolitan Magistrate,Hyderabad, for the offence under section u/s. 498(4), 406, 506 IPC and Sec.4 and 6 of DP Act against the petitioners/ Al & A2.
l.A. NO: 1OF 2024
Petition under Section 528 ofBNSS praying that in the circumstanc€s stated in the Memorandumof Groundsof Criminal Petition,the HighCourt may be pleased to stay all furtherproceedings includingappearance ofthe,petitioner/ Accused No. 1 & 2 C.CNo. 625 of 2016 on the file of the Xlll Additional Chief
Metropolitan Magistrate, Hyderabad, for the offence under section u/s. 498(A), 406, 506 IPC and Sec 4 and 6 of DP Act pending disposal of the main Crl.P.
l.A. NO: 2OF 2024
Between:
Smt. K. Avanti Reddy, Wo. Arun Kumar, Aged 36 years, Occ. Household, R/o. Flat No. 204, Hyline Apartment, King Koti, Hyderabad
AND
...Respondent / Respondent No. 1 in l.A. No. 2 & 3 ol 2O24
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 permit the Petitioner/Respondent-2 to compound the offences against the Petitioner/Accused No. 1 & 2 and quash the C.C 625 of 2016 on the file of the Xlll Additional Chief Metropolitan Magistrate, Hyderabad, for the offence under section u/s. 498(4), 406, 506 IPC and Sec.4 and 6 of DP Act in the interest of justice.
l.A. NO: 3 OF 2024
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 record the compromise and quash the charge sheet C.C 625 of 2016 on the file of the Xlll Additional Chief Metropolitan Magistrate, Hyderabad, for the offence under section U/s. 498(4), 406, 506 IPC and Sec.4 and 6 of DP Act against the Petitioners/ Accused No. 1 and 2 in the interest of justice.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CH Venu Kumar, Advocate for the Petitioners and the Additional Public Prosecutor on behalf of the Respondent No. 1 and of Sri B Madhusudhan Rao, Advocate for the Respondent No. 2.
The Court made the following Common Order :
.<
HON'BLE SMT. JUSTICE JIIWADI SRIDEVI I.A.Nos.2 and 3 of 2024 In and CRIMINAL PETT TION No.13 152 of 2o24
COMMON ORDER:
This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (for short 'BNSSJ by the petitioners/accused Nos.l and 2 seeking to quash the proceedings against them in C.C.No.625 of 2024 pending on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 498-A,406, 506 of the Indian penal Code 186O and Section 4 and 6 of the Dowry Prohibition Act 1961.
rl
2
been filed to record the compromise between them and to compound the offences.
3
//.
2016 pending on the f,rle of XIII Additional Chief Metropolitan Magistrate at Hyderabad, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed. Sd/. V. KAVITHA ASSISTANT REGISTRA //TRUECOPY// SECTIONOFFICER \ To, l.TheXlllAdditionalChiefMetropolitanMagistrateatHyderabad 2. TheStation House Officer, WPS CCS PS' Hyderabad District 3 Two CCsto the Public Prosecutor' High Court for the State of Telangana' Hyderabad [OUT] 4 One CCto Sri CH Venu Kumar' Advocate [OPUC] 5. OneCC to Sri B Madhusudhan Rao' Advocate[OPUC] 6. TwoCD CoPies Along witha copy of Joint Memo of Compromise VAJgh @.fr
HIGH COURT
DATED:2211112024
COMMON ORDER
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9E.spar Ctr(
l.A. Nos. 2 and 3 of 2024
in / and
CRLP.No.9144 ot 2O24
ALLOWING THE CRLP AND
l.A. Nos. 2 and 3 of 2024
.<br>lo ,l11
Y
MEMORANDUM Of CRIMINAL MTSC. PETITION (UNDERSECTION 359 R/w.528 of BNSS, 2023) IN THE HIGH COURT OF]UDICATURE ATHYDERABAD FOR THE STATq OF TELANGANA I.A..No. of 2024
IN Crl,P.No. o't 2024
Between:
Smt.K.Avanti Reddy
Wo.ArunKumar,
Aged 36 years, Occ: Household,
R/o. Flat No.204, Hyline Apartment,
King Koti, Hyderabad.
.....Petitioner/ Respondent No.2
AND
R/o. H.No. 10-123, MunugodeVillage & Mandal Nalgonda District.
Wo.Late Arlaiah, Aged about 63 years, fd^,>t t.,
R/o. H.No. 10-123, MunugodeVillagE
& Mandal, Nalgonda District.
.. Respondents/Petitioners
Rep. by its Public Prosecutor,
High Court of Judicature, at Hyderabad.
... Respondent/Respondent No.1
JOINT MEMO
It is suHitted that thepetitioner/de-faiato complainanthave amicably
setUed the dispute at the interventionof elders. friendsand well-wistersand the matter has been compromisedbetweenthem' Hence ttrc both parties came to compromise and theparties of haveno claimsor rights against each other in the' futu re.
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15
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Signature of Accused No. 1 Signature of Com rna nt H-wqa
Signature of Accused No. 2
Counsel for the A1 & A2 Counsel for the Complainant
16
2 issues framed by the court
Whether High Court can compound and quash proceedings arising from matrimonial dispute due to settlement between parties.
Whether the compounding of offences under Section 359 read with Section 528 of BNSS is permissible in the facts of the case.
5 provisions across 3 enactments
The State of Telangana
Arun Kumar
K. Bhagyamma
Smt. K. Avanti Reddy
Justice Juwadi Sridevi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
