Allowed

Durga Reddy Mekala v. The State of Telangana

Telangana HC6 Feb 2024CRLP/400/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of Crime No.263 of 2023 (Sections 420 r/w 34 IPC) after compromising with the defacto complainant. The court recorded the compromise via I.A.Nos.2 and 3 and allowed the criminal petition, quashing the proceedings subject to payment of costs.

What did the court decide?

Proceedings in Crime No.263 of 2023 against petitioners/Accused Nos.1 and 2 quashed subject to paying Rs.5,000 each to two institutions within two weeks with proof filed.

Durga Reddy Mekala Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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

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TUESDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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l.A.Nos.2 and 3 o12024

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ln/and

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CRIMINAL PETITION NO: 400 OF 2024

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CRIMINAL PETITION NO: 400 OF 2024

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Between:

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Durga Reddy Mekala, S/o Late.Lachi^{Reddy,Aged about63} .years,^Occ: Business, Ry6. n.ruo. 4-56/3, V.V.Nagar, Street^{No.8, Habsiguda,Hyderabad.}

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Sri.Mohith Reddy Mekala, S/o M.Durga Reddy,^{Aged about 27 years, Occ:} Student, Rl/o. H.No. 4-56/3, V.V.Nagar, Street^{No.8, Habsiguda,Hyderabad.}

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...Petitioner/Accused Nos.1 &^2.

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AND

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The State of Teiangana, Represented by^{it's Public Prosecutor High Court of} Telangana at Hyderabad.

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Jakkula Srinivas Yadav, S/o Late Swamy^{Yadav, aged about53 Years, Occ:} Real Estate Business, Fi/o D. No^1-19611, Street^{No. 1, Habsiguda,} Hyderabad.

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...Respondents/Defacto Complainant

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Petition under Section 482 of^{Cr.P.C prayingthat in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Court may} be pleased to^quash the^{proceedings in} Crime.No.²⁶³ of^{2O23 on the file of} Police CCS,D.D Hyderabad.

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LA. NO: 2OF 2024

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Durga Reddy Mekala, S/o Late.Lachi Reddy,^{Aged about 63 years,Occ:} Business, R/o. H.No. 4-56/3, V.V.Nagar, Street No.8, Habsiguda,^Hyderabad.

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Sri.Mohith Reddy Mekala, S/o M.Durga Reddy, Aged about^{27 years, Occ:} Student, R/o. H.No. 4-56/3, V.V.Nagar, Street No.8, Habsiguda, Hyderabad.

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... Petitioner/Petitioners

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AND

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The State of Telangana,^{Representedby it's Public ProsecutorHigh Court of} Telangana at Hyderabad.

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Jakkula Srinivas Yadav, S/o^{LateSwamy Yadav} '^{aged about53 Years, Occ:} Real Estate Business,^Rlio D. No^{1-19611, Street No. 1, Habsiguda,} Hyderabad.

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...Respondents/Respondents

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Petition under Section 320(5) of Cr.P.C^{prayingthat in the circumstances} stated in the Memorandum^{of Groundsof Criminal Petition,the High Court may} be^pleased to^permit the^{petitioner and respondent No. 2 to compromise and} quash the proceedings in Cr.No. 263 ol 2023 on the^{file of PoliceCCS' (EOW'} TEAM lX) Hyderabad.

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l.A. NO: 3 OF 2024

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'1 . Jakkula Srinivas Yadav, S/o Late Swamy Yadav , aged about 53 Years, Occ: Real Estate Business, FI/o D. No^{1-19611, Street No. 1, Habsiguda,} Hyderabad.

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...Petitioner/ResPondent No.2

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AND

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The State of Telangana, Represented^{by it's Public ProsecutorHigh Court of} Telangana at Hyderabad.

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Durga Reddy Mekala, S/o^{Late.Lachi Reddy, Aged about 63 years, Occ:} Business, Ry6. H.No. 4-56/3, V.V.Nagar, Street^{No.8, Habsiguda,Hyderabad.}

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Sri.Mohith Reddy Mekala, S/o M.Durga^{Reddy,Aged about 27 years, Occ:} Student, Fl/o. H.No. 4-56/3, V.V.Nagar,^{Street No.8, Habsiguda,Hyderabad.}

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...Respondents/RespondenUPetitioners

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Petition under Section 320(2) of Cr.P.C^{prayingthat in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Courtmay} be pleased to record compromise and^{quashthe proceedings in Crime.No.263of} 2023 on the file of Police CCS, Hyderabad.

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This Petition coming on for hearing, upon^perusing the^{Memorandum of} Grounds of Criminal Petition and upon hearing thg^argumentsof SRI D.KIREET, Advocate for the Petitioner and the Assistant^{Public Prosecutor} on behalf of the Respondent No.1 and of Sri K. DHARAM^{SINGH, Advocate for} the Respondent No.2 & 3.

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The Court made the following: ORDER

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I t

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I i

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THE HON'BLE SMT. JUSTICE K.SUJANA

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I.A.Nos.2 and3 of2024 in/and CRIMINAL PETITION No.400 of 2024

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ORDER:

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It is submitted by leamed counsels appearing for the petitioners as well as the respondent No.2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I.A.Nos.2 and 3 of 2024 have been filed to record the compromise between them and to compound the offences.

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Vide order dated 10.01.2024, this Court directed the

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parties along with their respective counsels to appear before the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report.

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Pursuant to the above said direction issued by this Court, the parties appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted report dated 24.01.2024 and the same is placed on record.

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SKS, J 2 CrLP.No 4OO ot 2024

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In view of the above, I.A.Nos.2 and 3 of 2024 are allowed. Consequently, this Criminal Petition is allowed and

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the proceedings in Crime No.263 of 2023 on the file of Police CCS, Hyderabad against the petitioners/Accused Nos.l and 2 are hereby quashed subject to the petitioners paying an amount of Rs.5,000/- (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No.52188926279, State Bank of India, Shantinagar Branch (20010), IFSC Code :SBIN0020070, MICR No,500004057) and Rs.5,000/(Rupees Five Thousand Only) to the Telangana High Court Advocates Association, Hyderabad, within a period of two (02) weeks from today and file proof of the same before the Registry.

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Miscellaneous applications, if any pending, shall stand

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closed.

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Sd/- C. PRAVEEN^KUMAR ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

.1 . The Xll Additional chief Metropolitan Magistrate at Nampally, Hyderabad

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The Secretary,^{HighCourt Legal Services Committee'HighCourt for the} Telangana.

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Two Station^{House officer, INSPADMIN (DD) Police Station,Hyderabad}

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Two CCs to^{Public Prosecutor, High Court for the State of Telangana at} Hyderabad. [OUT]

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One^{CC to Sri K DHARAM SINGH' Advocate [OPUCI}

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U. O""^{CC to STi D KIREET' Advocate IOPUCI}

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7 Two^{CD CoPies} (Along^{witha copy of The Joint Compromise Memo)}

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PSR

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HIGH COURT

DATED:0610212024

ORDER

l.A.Nos.2&3of 2024 ln/and CRLP.No.400 of 2024

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ALLOWED IN TERMS OF COMPROMISE.

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HIGH COURT FOR THE STATE OF TELANGANA :: AT, F{YDDRABAD i CRLP.No. , OF 2024

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Between:

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Durga Reddy Mekala S/o Late. Lachi Reddy Aged about 63 years, Oci: Eusiness, R/o. H.No. 4-56/3, V.V.Nagar, Street No.8, Habsiguda, Hyderabad.

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Sri.Mohith Reddy Mekala S/o M.Durga Reddy Aged abolut 27 years, Occ: Student, R/o. H.No. 4-56/3, V.V.Nagar, Street No.S, Habsiguda, Hyderabad.

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...Petitioner/ Accused Nos.1 & 2

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And

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The State of Telangana Represented by it's Pilbtic Prosecutor High Court of Telangana at Hyderabad

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Jakkula. Srinivas Yadav S/o Late Swamy Yadav , aged about 53 Years, Occ: Real Estate Business; R/o D. No 1-196/ 1, Steet Nci. 1, Habsiguda,'Hyderabad.

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...Respondents/ Defacto

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Complainant

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JOINT CO o MEMO FILED BYTHE PETITIO AND SECOND RESPOr{DENT

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It is submitted that, the above criminal petition is frled by the petitioners to quash ttre proc',eedings in Crime.No. 263 of 2O23 on the hle of PS, CCS, D.D, Hyderabad registered against the Petitioners for the offences under Sections 420, R/W 34 IPC.

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It is submitted that. the petitioners are aicused no s. 1 and 2 in Crime.No. 263 of 2023 on the file of Polioe CCS, ,lA^ruo'' .,t/)

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TEAM IX) Hyderabad for the olrenses under sections - 42o,R/w 34 IPC.

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1,, 1

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a It is submitted tl.at the petitioner/ Accused No.1 and respondent no.2 have entered into sa_le by executing the sale deed vide bearing document No. bearing Doc No. lt34l/2o18 dt. 2S_OZ_

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.2078 to an extent of admeasuring Ac. 1_2g Gts, in Sy. No. 22O/3A/ I/1 And 2 of Chereyal Vitiage, Kesera Mandal, Mechal_ Malkajgiri District. Due to srfme misunderstanding between petitioner and responde nt no.2, some civil disputes arose It is

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.. submitted ttrat the respondent no.2 filed a report in Crime.No.263 /2023 on the hle of pS, CCS,D.D, Hyderabad for the offences under Section 42O & R/W 34 IpC. Subsequently, the Investigation agency added the petitioner/ Accused No.2 in the arleged offence by adding the section R/w 34 Ipc ad the same is under investigation.

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4 It is submitted that due to intervention of elders and well_wishers, the petitioners dnd the 2nd respondent entered into a Settl-ement Deed dt.16/1212123 and in view of the said Settlement Deed, both the parties have comprornised and agreed to settre the disputes amicaity. That the parties hereto have resolved the differences among themselves and agreed to settle their differences as per the settlement deed:

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a. That the respbndent no.2 liled Crime No. 263 of 2O23on the file of PS, ccs, Hyderabad registered against the petitioners for the offences under Sections a20, R/W 34 IpC. That the respondent no.2 and petitioners have mutually comprotnised the rssues

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within themselves arrd the responde nt no.2 has decided to withdraw the above said complaint filed by him against the petitioners herein unconditionally.

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It is therefore prayed that this Hontrle Court may be pleased to quash the proceedings in Crime No. 263 of 2023 on the hle of police CCS,D.D Hyderabad and be pleased to pass such other and further order or orders as this IJonble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.

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Petitioner No. I

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Peti w*.,

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COUNSEL FOR PETITIONERS

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;\Dn
Re o. ,)

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COUNSEL F R RESPONDENT NO.2

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Date:S .O1.2O24

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Place: Hyderabad

Durga Reddy Mekala v. The State of Telangana

Case brief

What is this about?

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Durga Reddy Mekala v. The State of Telangana

Case brief

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