Allowed

Vislavath Mahender @ Mehu Naik v. The State of Telangana

Telangana HC3 Jul 2024CRLP/4060/2024

Case brief

AI extract

What is this about?

The High Court allowed criminal petition and interim applications seeking to compound offenses and quash FIR 491 of 2023. Quashing was granted subject to payment of Rs. 5,000 to Sainik Welfare and Rs. 5,000 to TAHAA.

What did the court decide?

Proceedings in FIR No. 491 of 2023 quashed subject to payment of Rs. 5,000 to Sainik Welfare and Rs. 5,000 to Telangana High Court Advocates Association.

Vislavath Mahender @ Mehu Naik Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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[³³⁸⁵ I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HON'BLE SMT. JUSTICE K. SUJANA

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l.A.Nos.1 and 2 of 2024

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ln/and

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CRIMINAL PETITION No: 4060 of 2024

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Between:

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Vislavath !gr,.ql{"r^@ Mehu Nak, S/oBugya, Aged about 19 years, Occ: Student, R/o H.No.2-91, llapur Thanda, Ameen[ur Mandal, Sangareddy District.

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Vislavath Suman, S/o.Babu, Aged about 25 years, Occ: Car Driver, R/o. llapur Thanda. Ameenpur Mandal, Sangareddy District.

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Vislavath Hanumanthu @Dannu, S/o.Rathnam, Aged about 32 years, Occ: Centring Work, R/o. ltapui Thanda, Arneenpur Mandal, Sangareddf Distiici.

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Vislavath Mohan, S/o.Manjya, Aged about 37 years, Occ: Agriculture, R/o. llapur Thanda, Am'eenpui Mandat,^' Sangaredd"y Oiitriit. ...Petitioners/Accused No.1 to 4

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AND

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1, fhe State of Telangana, Rep by Public prosecutor of High Court of Telangana, through P.S.Ameeipur Sangareddy District.-

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Babulu Singh, S/o.Ashok Singh, Aged about 32 years, Occ: Auto Driver, R/o. llapur Thanda, Ameenpur Mandal,-Sangareddy 6istrict.

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...Respondent No.2/Defacto Complainant

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Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the FIR vide crime No.4g1 of 2023 for the oifences under section 324, 323 326 rlw. 34 lPc of p.s. Ameenpur dated.o4-10-2023 (18-122023 of alteration memo)

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l.A. NO: 1OF 2024

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Between:

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Babulu Singh, S/o.Ashok Singh, Aged about 32 years, Occ: Auto Driver, R/o. llapur Thanda, Ameenpur Mandal, Sangareddy District.

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...Respondent No.2/Defacto Complainant

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AND

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'1 . Vislavath Mahender @ Mehu Naik, S/o.Bugya, Aged about 19^years,Occ: Student, R/o.H.No.2-51 ,^{llapur Thanda, Ameenpur lvlandal, Sangareddy} District.

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Vislavath Suman,^{S/o.Babu,Aged about 25 years,occ: car Driver, R/o.llapur} Thanda, Ameenpur^{Mandal, Sangareddy District.}

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Vislavath Hanumanthu @Dannu,^{S/o.Rathnam, Aged} -about³² .years'.Occ: Centring Work, R/o.^{llapurThanda' Ameenpur Mandal,Sangareddy Dlstrlct'}

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Vislavath Mohan,^{S/o.Manjya' Aged about 37 years, Occ: Agriculture'R/o'} llapur Thanda, Ameenpur^{M'andal,Sangareddy District'}

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...Petitioners/Accused^{No'1 to 4}

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E of High Court^of The State of Telangana,^{Rep by PublicProsecutor} Telangana, through^{P.S Ameenpur Sangareddy District'}

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...RespondenUResPondent

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Petition under^{Section 320 (6) rtw 482 of Cr'P'Cprayingthat in the} circumstances^{stated in the Memorandumof Grounds of criminal Petition,the} High Corrt may^{be pleasedto permitto compoundthe offences for quashing the} Cr-ime No. S1^{'ot ZOZZ for offences under section324,323,326 r/w.34 IPC of} P. S.Ameenpur dated.^{04- 1 0-2 O23 (1 8 -1 2-2023 of alteration memo)}

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I.A.NO:2OF²⁰²⁴

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PetitionunderSections2o(2)rlw4B2ofCr.P.Cprayingthatinthe circumstances^{statedin the Memorandumof Grounds of criminal Petition,the} Hd; a;;tt may be^{pleased to record of compromisea1d to. pgtll^th"} peiitione/nespondent No.2^{to compromisetne} 9119^{in Crime No.491 of 2023 lor} ihe offences under^{section 324,323,326rlw.34 IPC of P.S.Ameenpurdated'04-} 1O-2O23^{(18.12.2023of alteration memo)}

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ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of Criminal^{Petitionand upon hearing the argumentsof Smt R} Swarnalatha, Advocate^{for the Petitioners and the Assistant Public Prosecutoron} behalfoftheRespondentNo.,|andofSriP.MohanRao'Advocateforthe Respondent No.2.

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The Court made the^{following: COMMON ORDER}

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t t

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THE HON'BLE SMT.^{JUSTICE K. SUJANA}

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I.A.Nos.1 and² of^2O24 inland CRIMINAL PETITION^{No'4O50 of 2O24}

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COMMON ORDER:

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It is submitted by^{learned counsel 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'1 and 2 of} 2024 have^{been filed to record the compromise betweenthem} and to compound^{the offences.}

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Vide order dated 06.06.2024,^{this Court directed the} parties along with their^{respective counsel to appear before} the Secretary,^{High Court Legal Services Committee, High} CourtforthestateofTelangana,Hyderabad,foridentification and to submit^{a rePort.}

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Pursuant to the above^{said direction issued by this} Court, the^{parties have appeared and the Secretary, High} Court Legal Services^{Committee,has identifiedthe partiesand} submitted a report,^{dated 14.06'2024and the same is placed} on record.

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In view of the above,^{I.A.Nos.l and 2 of 2024 are} allowed. Consequently,^{this Criminal Petitionis allowed and} the proceedings^{in FIR No.491 of 2023 of AmeenpurPolice}

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\ I

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Station, Sangareddy District against the petitioners/accused Nos.1 to 4 are herebi quashed subject to the petitioners paying an amount of Rs.5,OO0/- (Rupees Five Thousand Only) to .the Director, Siinik Welfare, Hyderabad (Savings A/c.No.5218g92627g, State Bank of India, Shantinagar Branch (2OO7O), IFSC Code;SBIN00 2OO7O, 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 closed.

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Sd/- A.V.S. PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Judicial First Class Magistrate Court at Sangareddy.

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The Station House Officer, Ameenpur Police Station, Sangareddy District.

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Two CCs to the Public Prosecutor, High Court for the State of^Telangana at Hyderabad. (OUT)

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One CC to Smt. R. Swarnalatha, Advocate IOPUCI

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One CC to Sri P. Mohan Rao, Advocate IOPUCI

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Two CD Copies

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g (Along with a Copy of Joint Memo of Compromise)

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Note: Total Amount of Rs. 10,0001 ( Rupees Ten thousand only ) has been^paid by Smt. R. Swarnalatha, Counsel for the Petitioner as directed^by the^{Hon'ble Court} vide order dated 03-07-2024 as Rs. 5,000/-⁽ Rupees Five thousand^only )^{to the} "Director, Sainik Welfare Hyderabad, and Rs. 5,000/- ( Rupees Five thousand only ) to the Telangana High Court Advocates Association, Hyderabad and^{filed Memoas} proof of compliance USR No. 109456 ot 2024 dated'11-11-2024.

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HIGH COURT

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DATED:03107 t2024

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COMMON ORDER l.A.Nos.l and 2 of 2024 ln/and GRLP.No.4060 of 2024

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BOTH CRIMINAL PETITION AND l.As ARE ALLOWED C'it %-

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HIGH COURT FOR THE STATEPF TELANGANA AT HYDERABAD

I.A.NO

oF 2024

CRL.P,NO

oF 2024

Betweenr-

Vislavath Mahender @ Mehu Naik S/o.Bugya, Aged about 19 years occ: Studenf R/o.H.No.2-91, Ilapur Thanda, Ameenpur Mandal, Sangareddy Dishict.

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2 Vislavath Suman S/o.Babu, Aged about 25 years occ:Car Driver, R/o; Ildpur Thanda, Ameenpur Mandal, Sangareddy District.

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3 Vislavath Hanumanthu @Dannu S/o.Rathnam Aged about 32 years, occ:Centring Work, R/o. Ilapur Thanda, Ameenpur Mandal, Sangareddy District.

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4 Vislavath Mohan S/o. Manjya Aged about 37 years, occ:Agriculture R/o. Ilapur Thanda, Ameenpur Mandal, Sangareddy District.

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....Petitioners/Accused No.1 to 4

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AND

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1 The State of Telangana, Rep by Public Prosecutor of High Court, of Telangana, through P.S.Ameenpur Sangareddy District.

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2 Babulu Singh S/o.Ashok Singh Aged about 32 years, occ:Auto Driver, R;/o. Ilapur Thanda, Ameenpur Mandal, Sangareddy District.

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...Respondent No.2/ Defacto Complainant.

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q f)

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MAY IT PLEASE YOUR LORDSHIP..

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T P

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N E

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1' It is most respectfulry submitted that the above criminar petition has been filed by the petitioners herein under section 4g2 0f cRpc for compounding the offences arouse out of Crime No.49l/2023 of p.S,Ameenp ur dt.04.70.2023 (L8.L2.2023 of alteration memo) for the offences under section 324, 32.3, 326 rlw.34 IPC.

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2' It is further submitted that the aregation case ot the prosecution is that on 04.10.2023 at about 10:10 hrs, the Complainant Sri.Bablu Singh the Respondent No'2 herein has rodged a Terugu written compraint stating that on 03'10'2023 at night about g:30 pm the petitioners areged to have smoking cigarette in front of the house of the defacto-comprainant i,e., Respondent No.2 herein on being objected by the famiry members of the defacto comprainant the petitioners fetched their thanda people and caused hurt of the Defactocomplainant upon which l,sri.Lakhan singh sustained injuries on his right hand, 2' Joga Singh received injuries on his face. 3. Jagan singh received breeding injuries' Subsequently the inured rushed to Govt Hospital patancheruvu and medically treated therein.

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3' It is submitted that the defacto-complainant rodged the compraint on the next day in 04.70.2023 with the p.s., Ameenpur has registered the case issued

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I I

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FIR bearing crime No.49u2oz3 dt.M.ro.zoz3 for the offences under section 324, 323t rlw.34 lPC,, against Mehu Singh and others.

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4' It is submitted that on Lg.2.2oz4 the sub inspector of p.s., Ameenpur has filed a alternation merno before the Honble Judicial First class Magistrate court at sangareddy by submitting that during the course of investigation in L8.2.2024 the said P.s., collected the Medical certificates from the casuality Medical Hospitar Dr.Avani Maila Reddy Hospitar surara euthbuilapur Medchal Malkajgiri District which read as infra;

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i) Injured person sri,Lakhan singh received 'grievous, in nature who required injury on his right hand.

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iD Sri.Joga Singh - simple in nature

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iiD Sri.Jagan Singh - Simple in nature.^,:

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It is submitted that basing on the-aforementioned Medical certificate of Lakhan singh (grievous in nature received injury in right hand) the said added the penal section of 326 IPC and altered memo thereto.

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It is submittedthat the said police issued FIR against Mehu singh and other and it is also submitted at about that the alleged incident occurred on 09:30pm at night time before the House of Bablu singh as it was dark more so the complaint is lodged on next day i.e., ono4.t0.2o23 against one Mehu Singh and others no accused persons names have been mentioned in compraint, FIR, or in alteration

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Memo inspite of the same the pefitioners whereaboub to be apprehendecJ after elapse of 4 long monl:ht then the petitioners applied for Anticipatory bail vide cRLMp'Nos'135' 736' 137 and 138 of 2024in said crime No.4g7/2o23and the same .get negated by a common order on 14.03,2024, However, on the intervention of local elders, community people, well_wishers both the parties intend to and given consent to compromise the mafter thereby to crose the case as the defacto comprainant and also injured persons do not want to continue and contest the case furthermore, inlight of the elders, wellwishers, intervention the injured person and arso defacto-complainant wourd rike to crose the matter as alr (Both the parties) permanent residence of nearby rocarities. Hence both the parties intend to fire the present petition with a joint memo seeking permission of this Honbre court to crose the case as the said injured persons and defactocomprainant not at a' interested in pursuing the case rurthermorg they intend to withdraw the case, close the case with due, prior permission to this Honble Court.

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;

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It is submitted that the petitioners and Re set ed the mafter out of the courr with the.rr.".:;:rr"":ff"j: compromise the matter by reducing the same and got reduced the compromise memo and the 2nd respondent has no objection for quashing of the Crime No.49L/2023, of p.S.Ameenpur and this Joint Compromise memo may be treated as part and parcer of this Quash petition. It is further submitted that the Respondent No.2 has no objection for quashing of the Crime _" ;r;;;;: against the petitioners herein.

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Having regard to the facts, merits and circumstances submitted supra, it is therefore prayed that this Hon,e court may be preased to record tte compromise and quash the crime No.49u20230f p.s.Ameenpur against the petitioners/Accused No.1 to A4, for which the 2nd respondent has no objection in and pass such other order or orders as this Hon,bre court may deem fit fair, pr.per in the circumstances of the case, and arso in the larger interest of J ustice.

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Petitioner No.1 /
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Petitioner No.2
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Petitioner No.3
Counse /
Petitio J
I ner No.4 (
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t No.2
/Defacto Complainant

Vislavath Mahender @ Mehu Naik v. The State of Telangana

Case brief

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Vislavath Mahender @ Mehu Naik v. The State of Telangana

Case brief

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