Allowed

Ganta Manoj Kumar v. The State Of Telangana

Telangana HC11 Jul 2024CRLP/6677/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Section 482 Cr.P.C to quash proceedings and stay the case pending compromise for offences under Sections 307 and 354 IPC, directing payment of Rs. 10,000 to welfare and association bodies.

What did the court decide?

I.A.Nos. 2 and 3 of 2024 allowed; Criminal Petition allowed; proceedings in PRC No. 45 of 2024 quashed conditional upon payment of Rs. 5,000 to Sainik Welfare and Rs. 5,000 to Telangana HCA Associatio

Ganta Manoj Kumar Vs The State Of Telangana — Writ and Judicial Review | Telangana HC (2024)

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[³³⁸⁵¹

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE ELEVENTH DAY OF JULY 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 of 2O24

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ln/and

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CRIMINAL PETITION NO: 6677 oF 2024

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Between:

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9anta_Manoj^Kq1ar, Q/q^{Ganta Sudhakar,Aged 28 years,Occ Unemptoyed,} Rlo. 1-57142, Siva Colony, Puppal guda,^- Rajen<ira n'agar, RangjareiOOy District, Telangana - 500089.

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...Petitioner/Accused

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AND

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1 The State of Telangana, Rep by the Public Prosecutor High Court of Hyderabad, Representing through the Station House offic6r pS Narsingi, Hyderabad.

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... Respondent

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2 Ganta Nagamat.ri, Wlo Ganta Sudhakar, Aged about 43 years, Occ Domestic !gtp,. Blo-^{1- 57142,Slyq Cglony, Puppat guda, Rajendranagar, Rangareddy} District, Telangana - 500089.

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...Respondent No.2/De-facto 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 toto Quash the PRC.No.45 of 2024, on the file of ll Additionat principal Junior Civil Judge-Cum-Xlll Additional Metropolitan Magistrate at Rajendranagar.

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I.A. NO: 1OF 2024

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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 stay all further proceedings in PRC.No.4S of 2024, on the file of ll Additional Principal Junior Civil Judge-Cum-Xlll Additionat Metropolitan Magistrate at Rajendranagar, pending disposal of the Quash Petition.

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., l.A. NO:2 OF²⁰²⁴

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BETWEEN:

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Ganta^{Nagamani,W/o GantaSudhakar' Aged about 43 vears'Jcc Domestic} helo. R/o^{1- 57 t42.s*" co["'v]]'pp'r g'o' Rajendranagar' Rangareddy} l-tistnct. Telangana -^500089'

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...RespondenUcomplainanUPetitioner^{in lA'Nos'2 &3 ot 2024}

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AND

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1 R,T,iiffii,^.ST33""o;".8;i',T'[ili'A',i??ffi'';"3:i'I:['J:J."& biitri"t, Telangana^{- 500089'}

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...Petitioner/Accused/Respondent^{in lA'Nos'2&3 of 2024}

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2 The State of^{Telangana, Repby the Public Prosecutor Hiqh Courtof} HiEJllIo,^{i,lp;;;;;ii"st-tiiJ'ig'hthu stitionHouseofficer PS Narstngt'} Hyderabad.

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...RespondenURespondent^{in lA'Nos'2&3 of 2O24}

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Petition^{underSection482 of Cr P C p'qylng that 'in th'e crrcumstances} stated in^{the Memorandr.'ligr*J"ot Criminat-pe'iition, the Hign Court maybe} tng.offences^{under sections U/s 307'} oleased^{to permit tne petrtio-"neiil} ""'p"o .ss+ ot rpc in pRC.Nc m'Ji'iolq,-i" ir,. rite ot ll Additional Principal Junior^civil iri# br-^{xlll Additronal Metropolitan Magistrateat Raiendranagar}

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r.A. NO: 30^{F 2024}

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Petition under^{Section4BZ of Cr'P'C pr?ylng that in the' ckcumstances} stated^{in the Memorandr;';i i;;.} ot criminat'petition,^{the High courtmay be} oleased to^{recordthe compromiseand consequently quashingthe againstthe} oetirioner in^{pRC Nc 45 .i 5b;;,;.ih; fii; ;i lL naditionat Principal Juniorcivil} no,iltio*r^{Metropolitan Magistrate at Rajendranagar} ffi;:;#'iirr

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ThisPetitionoomingonforhearing,uponperusingtheMemorandumof Grounds^{of criminarpetitLn and upon hearingthe argumentsof Ms-Goundla} Rohini,^{Advocatefor the Petitionerand the Assistant Public Prosecutoron behalf} of the Respondent^{No'1 and of Ms Tekuru Swetcha' Advocate for the Respondent} No.2

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The Court^{made the following: COMMON ORDER}

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THE HON'BLE SMT. JUSTICE K. SUJANA

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I.A.Nos.2 ard 3 of 2024 1n and

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CRIMINAL PEAITION No.6677 of 2024

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COMMON ORDER:

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It is submitted by learned counsel appearing for the petitioner 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 h.ave been filed to record the compromise between them and to compound the offences.

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Vide order dated 25.06.2024, this Court directed the parties along with their respective counsel 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 t}le above said direction issued by this Cotrt, the parties have appeared and the Secretary,^{Hif,h Court l,egAl} Services Committee, has identified the^parties and submitted^a report, dated 08.07.2024 and the^{same is placed on record.}

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In view of the above, I.A.Nos.2^{and 3 of 2024 ate allowed.} Consequently, this Criminal Petition is allowed^{and the} proceedings in P.R.C.No.4S of 2024 on the hle of II^Additional Principal Junior Civil Judge-cum-Xl]I. Additional^Metropolitan

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Magistrate at Rajendranagar against the petitioner/ acc rsed are hereby quashed subject to the petitioner paying an arnount of Rs.5,OOO/- (Rupees Five Thousand Only) to the Directo:, Sainik Welfare, Hyde rabad (Savings A/c.No.52188926279, StzLte Bank of India, Shar tinagar Branch (2OO7Ol,IFSC Code:SBIN002OO70, MICR No.5OO004O57) and Rs.5,OO0/- (Rupees Five Thousand Only) to the Telangana High Court Advocates Assrrciation, Hyderabad, within a period of two (02) weeks from today and Iile proof of the sa me before the Registry.

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Miscella neous applications, if any pending, shall stand

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closed.

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sd/- MOHD.^lsMAlL ASSTSTANT^REGISTBAR

//TRUE^COPY//

SECTION OFFICER

To,

'1 . The ll Additional Principal Junior^{Civil Judge- Cum- Xlll Additronal} Metropolitan^{Magistrate at Raiendranag"r} -- ..

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z. ine siation^{HorJe officer,Naisingi potice station, cyberabad,} 3. Two CCs^{to the pruii" Fio"""rtorlHigfr Court for the Stateof 'Ielangana at} HYderabad [OLiTl

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a. One CC^{to Ms Goundla Rohini, Advocate [OPUC]}

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S. One CC^{to Ms. Tekuru Swetcha,Advocate [OPUC]}

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Two^{CD CoPies}

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ADK/gh

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Along with^{a c-opyof JointMemo of Compromlse}

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Note: Total^{AmountofRs10,0001 ( Rupees Ten thousand only ) has beenpaid by} Ms.GoundlaRohini,Counsel,forthePetitionerasdirectedbytheHon,bleCourt vide order dated^{1 f -02-ZOZ+ as ns' 5,000/-( Rupees Five thousandonly ) to the} ,,Director,sainikwelfareuva"r"u"oandRs.5'0oo/-(RupeesFivethousandonly) to the Telangana^{High Court AdvocatesAssociation'Hyderabad and filed Memoas} ;r;;i^{.i;;;tiance"rJSR No 68448 of 2o24 and dated03-07-2024'}

HIGH COURT

DATED:1 1107 t2024

COMMON ORDER

l.A.Nos.2 and 3 of 2024 ln/and

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CRLP.No.6677 of 2024

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ALLOWING THE CRLP AND tA.NOs.2 &3 OF ZOZ4

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t ."d4
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i("V<br>

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MEMORANDUM OF CzuMINAL PETITION (UNDER SEC.32o(2) Rlw.4a2 oF THE Cr.P,C)

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IN THE HON'BLE HIGH COURT FOR THE STATE OF TELANGANA AT :: HYDERABAD

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IA. No. oF 2024

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IN CRL.P. No. oF 2024

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BETWEEN:

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Ganta Maroj Kumar, S/o. Ganta Sudhakar, Aged: 28 years, Occ: Unemployed, Rlo. l-57 142, Siva Colony, Puppal guda, Rajendra nagar, Rangareddy District, Telangana - 50OOB9

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Petitioner/ Accused

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And

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1 The State Of Telangana Rep by the Public Prosecutor High Court of Hyderabad, Representing through the Station House officer PS Narsingi.

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. . . Respondent

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2 Ganta Nagamani, W/o. Ganta Sudhakar, Aged about 43 years, Occ: Domestic help, R/ o. l-57 /42, Siva Colony, Puppal guda, Rajendralagar, Rangareddy District, Telangana - 500089.

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...Respondent No.2/ De-facto Complainant

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JOINT MEMO FILED BY BOTH PARTIES

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We both the parties i.e., the accused and Respondent^No.2 compromised the matter amicably by the intervention^{of elders and} we decided to file Quash petition before this Hon'ble Court and^the no Respondent No.2/de-facto Complainant^has objection to *

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quashing the PRC. No 45 OF 2024, on the file of Hon'ble II^Addl

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, t(.^{(</sup> c t LA)JJ^{L d} ulr}

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r I

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Principal Junior civil Judge-cum-XIII Ari.ir r,r^._-, m-XIII Addl Meiropolitan M agistrat at Rajend ranagar. The petitioner herein submitted that the father of the^petitrc ner/Accused is hereby acting as an interested part5r to the Petitioner-7 Accused. That both the parties hunrbiy pray that this Hon'ble Crrurt to quash the pRC No 45 OF 2024, on the file of Hon'ble II Addl Principal Junior Civil Juclge-Cum_XI[ Addl Metropolita n Magistrate at Rajendranagar , by compounding the offence in t erms of compromi se rn the interest of justice ard pass such other order or orders as this Hon,ble Court may deem fit and proper in ilte circumstances of the case. We bcth srgned in this memo with cur free will ard consent and there rs no influence of coercion or frrrce agarnst us. Hence this memo.

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2' The^petitioners respectfulry submitted that the brief facts of the case are that on 06_03_2024 at 21:OO hours pS Narsingi received a complaint from Ganta Nagamani, W,/o. Ganta Su(lhakar, age: 45 years, Occ: House Keeping, caste: SC _ mala, R/o. H. No. 7_SZ/42, near Shivala.yrm tempie, puppalaguda, Gandipet Maldal, Ranga reddy Districl" In which she stated that her son Ganta Manoj was addicted to al<:ohor and causing trouble to compraina,t a,d her husband in various ways. He quarreis with them lbr every petez issue and abus: them badiy. The Complainant also stated that her son misbehaves with her and abuse her in filthy I*€l r.g", making her mentarly disturbecr by that' He is arso threatening his parents of --.qdtd'*

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killing them. On 06.03.2024 at about^{15:OO hours when the} Complainant refused to^give money to^{her son, he tried to kill the} Complainant by placing bedsheet on^{her face and suffocatingher.} Then the Complainant escaped from him and^{fled away from there.} She also stated that her son is^{a,lso troubling her physically by} keeping the water heater on her thighs^{after when the watergets} heated. She also added that the Complainant^{and her husband life} has threat from him.^The Complainant^{further stated that her son is} making her uncomfortable^{by placinghis handson her body and} kissing her. He threw the Complainant^{and her husbandfrom the} house. Hence the Complainant^{is requesting for'necessary action} against her son. I submit that^{PS Narsingi has registered the above} complaint vide F.l.R No. 323^{of 2024 U/s. 3O7,354 of IPC on} 06.o3.2024.

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I submit that the Petitioner^{herein is the son of Respondent} No. 2 and was arrayed as Accused^{in FIR No. 323 of 2024 dated:} 06.O3.2O24 filed U/s. 3O7,354^{of IPC. The Petitioner/Accusedwas} arrested by the police on^{O7.O3.2O24and was sent to judicial} custody. That the police authorities^{have completedthe preliminary} investigation and filed^{charge sheet on 2a.o3.2o24and therefore the} case is under trial^{vide PRC No. 45 of 2Ot24before Hon'ble XIII} Additional Metropolitan^{Magistrate, Cylerabad at Rajendranagar'}

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The Petjtioner/Accused submits that he will lerrd a happy normal life wirh his family and gives a, undertaking that he wiil take good care of his mother/Respondent No.2. That he is a young man and wan -ed to work and be responsible to krok out for his famiiy and the.r needs. Due to his criticar health an,l family's weak ectrnomic conrlition, the petitioner/Accused wa,ted to be the support system of his famiiy in aII needs.

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It is further submitted that the Respondent no.2fde-facto complainant and Petitioner/ accused at this juncture, with mediation of elders settlerl the dispute ancl entered into compromise wherein the second pa'ty agreed to read peacefur life with [ove, care and affection torva.'ds his mother i.e., Respondent No.2/de-facto complainant arLd the Respondent No.2/de-facto cornplainant has agreed to conti,ue to lead a normal yet happy life r,r.ith her family and wanted to take proper care of her son considering his critical health condition .

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I submit that both of the parties undertake not to file any civil and criminal ca;es against each or our family members whatsoever rn any manner and nature.

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That, this r:ompromise is made and executed on ,.8_06-2O24 in the presence of the forlowing witnesses and there is no force a,d

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coercion and the same is entered with free will and consent with the sound mind.

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Hvderabad oate:1+t'6lty Counsel for Respondent No.2/ Complainalt hq Counsel for the Pe titioner/ Accused

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P 1,,,:",x".^

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ffi.TESTEOof#"'
GiI,UI'IryI,HYDERABAD

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{,#)
h
2'd respondent
/

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RANGA REDDY :: DISTRICT

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IN THE HON'BLE HIGH COURT FOR THE STATE OF TELANGANA AT :: HYDERABAD

IA. No

oF 2024

Crl.P.No

oF 2024

JOINT MEMO

Filed On : |8-06-2024

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Filed by:

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couNDLA ROHTNT(2592O) T SWETCHA (193sO) ADVOCATES

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COUNSEL FOR THE PETITIONER Counsei for the Respondent

Ganta Manoj Kumar v. The State Of Telangana

Case brief

What is this about?

What did the court decide?

Ganta Manoj Kumar 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

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