Kummamuru Sarwagna @ Sarwagna Vivek Vs The State of… — Dowry and Cruelty | Telangana HC (2025)

Kummamuru Sarwagna @ Sarwagna Vivek Vs The State of… — Dowry and Cruelty | Telangana HC (2025)

What the court decided

AI extract

Outcome

I.A.Nos.2 and 3 of 2025 allowed (compounding permitted and settlement/compromise recorded); all proceedings in C.C.No.6552 of 2022 on the file of the V Additional Judicial Magistrate of First Class at L.B. Nagar quashed against petitioners/accused Nos.1 to 3; Criminal Petition disposed of; pending miscellaneous applications closed.

Issue for consideration

Whether the proceedings in C.C.No.6552 of 2022 pending against the petitioners/accused Nos.1 to 3 for offences under Sections 498-A, 420, 509 r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 are liable to be quashed in view of the amicable settlement/compromise between the parties. +1 more

Court's answer

The charged offences being essentially matrimonial and inter-personal in nature, and the parties having amicably settled to restore peace, and in the light of the dictums in Gian Singh v. State of Punjab, Anit Mishra v. State of U.P. and State of Madhya Pradesh v. Laxmi Narayan, quashment of the impugned proceedings in view of the settlement, in exercise of the quashing jurisdiction (Section 482 Cr.P.C./528 BNSS), would be in the interest of justice.

Ratio / Principle

I.A.Nos.2 and 3 of 2025 (permitting compounding of the offences and recording of the terms of compromise) are allowed.

Key takeaways

Consequently, all proceedings in C.C.No.6552 of 2022 pending on the file of the V Additional Judicial Magistrate of First Class at L.B. Nagar are quashed against the petitioners/accused Nos.1 to 3.ratio¶60
In the above terms, the Criminal Petition is disposed of.ratio¶61
Pending miscellaneous applications, if any, shall stand closed.ratio

Detailed headnote1 paragraphs

Criminal Petition (Section 528 BNSS) - quashment of proceedings in C.C.No.6552 of 2022 on the file of the V Additional Judicial Magistrate of First Class, L.B. Nagar, arising out of FIR No.307/2022 of Nacharam Police Station - offences under Sections 498-A, 420, 509 r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 - accused are husband, mother-in-law and brother-in-law of the defacto complainant - during pendency the parties entered into a compromise and moved I.A.Nos.2 and 3 of 2025 under Sections 359(6) and 359(2) BNSS to compound the offences and record the terms of compromise - by order dated 19.06.2025 the Court referred the parties to the High Court Legal Services Committee, which reported on 26.06.2025 that the parties were identified and had willfully and without coercion entered into the settlement - charged offences essentially matrimonial and inter-personal in nature - in the light of the dictums in Gian Singh v. State of Punjab, (2012) 10 SCC 303, Anit Mishra v. State of U.P., 2024 INSC 189 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 15 SCC 608, quashment in view of the settlement under Section 482 Cr.P.C./528 BNSS held to be in the interest of justice - I.As allowed; all proceedings in C.C.No.6552 of 2022 quashed against accused Nos.1 to 3; Criminal Petition disposed of (N. Tukaramji, J.; dated 07.07.2025).

-132171

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

l.A.Nos. 2 AND 3 OF 2025

ln/And

CRIMINAL PETITION NO: 1813 OF 2025

COMMON OROER

Between:

1- Kummamuru Sanirragna @ Sarwagna Vivek,^(Husband of R2), S/o K Sri Sundaram, Age. 40^yrs., Caste. Brahmin, Occ. Searching^{for employment,} Rio H. No. 3-14-46: Shakthi Sai Nagar, Mallapur, Uppal^{(M), Medchal-} Malkajgiri Dist.

Smt Kummamuru Gnanasree,^{(Mother-in-Law} of^R2), Wo^{K Sri Sundaram,} Age. 57 Yrs, Caste. Brahmin, Occ. House Wife, H. No. 3-14-46,^{Shakthi Sai} Nagar, Mallapur, Uppal (M), Medchal-Malkajgiri^Dist.

Sri. Kummamuru Sai Shyam,^{(Brother-in-Law} of^R2), S/o^{K Sri Sundaram,} Age. 30 yrs., Caste. Brahhin, Occ. PhotogrqPher, R/o^{H no 3-14-46, Shakthi} Sai Nagar, Mallapur, Uppal^(M), Medchal-Malkajgiri^Dist.

...PETITIONERS/ACCUSED Nos. 1 to 3

AND

1 The State of Telangana, Rep.by its Public Prosecutor,^{High Court of} Telangana, At Hyderabad.

...RESPONDENT/COMPLAINANT

Smt Venkata Soumya, W/o. Sarwagna^{Vivek, Age. 38 years,Occ. Employee,} R/o. LIG'l 05-Hb-Colbny, Moulali, Meerpet, Medchal^{Malkaigiri, Telangana.}

...RESPONDENT/DEFACTO COMPLAINANT

Petition under Section 528 of BNSS,^{praying that in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Court may} be pleased to Quash the^{proceedings in C.C. No. 6552 of 2022on the file of the} Court of the V Additional Judicial Magistrate^{of First Class at L.B. Nagar' arising} out of FIR No. 3O712022^{registeredat Nacharam Police Station.}

LA. NO: 1 OF 2025

Petition under Section 528 of BNSS, praying that n the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to grant stay of all further proceedings includii'rg the appearance of the Petitioners, in C.C. No.6552 of 2022 on the file of the Court of the V Additional Judicial Magistrate of First class at L.B. Nagar, rrrising out of FIR No. 3o7 /2022 registered at Nacharam Police till the disposal crf the above criminal Petition.

l.A. NO: 2 and 3 OF 2025

BETWEEN:

Smt Venkata Soumya, Wo. Sarwagna Vivek, Aqe. 3g r,ears. Occ. Emolovee. R/o. LlG105-Hb-Colony, Moulali, Meerpet, Medchat Mait:ajgiri. Telangaha.'

...PET|T|ONER/RESPONDENT No.2 tN t.A. Nos. 2 & 3

AND

'1. Kummamuru Sarwaona @^{SarwagnaVivek,(Husb;rnd} of R2), S/o K Sri

Sundaram, Age. 40 irs., Caste. Brahmin, Occ. Searr;hing for employment, R/o H. No. 3-14-46, Shakthi Sai Nagar, Mallapur, Upfal (M), MrjOcnalMalkajgiri Dist.

2 Smt Kummamuru Gnanasree, (Mother-in-Law cf R2), Wo K Sri lynlgrqm', 4Se ,SZ^{Yrs, Caste. Br'ahmin,Occ. Hour;e Wife, H. No.} 3-1a46, Shakttii Sai Nagar, Mallapur, Uppal (M), Medchal.Malkajgiri Dist.

J Sri. Kummamuru Sai Shyam, (Brolher-in-Law of R2) S/o K Sri Sundaram, 4.9e, .39_Vtq^{Caste.Brahmin.Occ. PhotographerR/o H no 3-1446,} Shakthi Sai Nagar, Mailapur, Uppat (M), Meddhal-Ma kajgiri Dist.

...RESPONDENT/PETITIONEiS tN t.A. Nos. 2 & 3

fhe State of Telangana, Rep.by its public proser;utor, High Court of Telangana, At Hyderabad.

...RESPONDEI{T tN t.A. Nos. 2 & 3

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 parties to compound the offenses; in C.C.No.6552 of 2022 on the file of the court of the V additional Judicial ma<yistrate of first class at L.B Nagar.

l.A. NO: 3 OF 2025

Petition under section 359 (2) of BNSS, praying that ir the circurnstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to record the terms of compromise betwe en thL parties in c.c.No.6552 ot 1!022 on the file of the court of the V additional Judicial magistrate of first class at L. B Nagar.

This Petition comiilg on for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon^{hearingthe argumentsof Sri M MURALI} MOHAN, Advocate for the Petitioners and Sri. JITHENDER.IAO VEERAMALLA, Assistant Public Prosecutor, on behalf of the Respondent No.1 and Sri. DAPPU VENKATAIAH, Advocate for the Respondent No.2

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE N.TUKAR,,\MJl

l.A.Nos.2 AND 3 OF 2025

ln/And

CRIMINAL PETITION No. 1813 OF 2025

COMMON ORDER

This Criminal Petition is filed under Section 52lB of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short^'BNSS, .,1023'), seeking quashment of the proceedings against the petitioners in C.C.No.6552 of 2022, on the file of the learned V Additional Judicial Magistrate of First Class at L.B.Nagar

The petitioners are arrayed as accused Nos.1 to 3 in the Calendar Case registered for the offences punishable under Sect on 498-4. 420, 509 r/w. 34 of the lndian Penal Code, 1860 and Sectionr;3 and 4 of the Dowry Prohibition Act, 1961.

Heard [/r.[i/urali lr/ohan, learned counsel for lhe petitioners, ttlr.Jithender Rao Veeramalla, learned Additional Putrlic Prosecutor, representiqg the respondent No.1-State and Sri Dapcu Venkataiah, learned counsel for respondent No.2l defacto-complainant

Pending this petition, the parties have entered into lhe compromise and, accordingly, they moved l.A.Nos.2 and 3 of 2025 with the^prayer to permit them to enter into compromise and by recording the settlement to

2

N] 1.,4.Not.2 and 3 oJ2025 in/and CrlP.No.^I El I of 2025

quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.6552 of 2022

This Court vide otde.r dated^'1 9.06.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 26.06.2025 stating that all the parties were identified by their respective counsel and also on verification of Aadhar Cards/ldentity Cards and the enquiries revealed that the parties have willfully and without coercion entered into settlement/comprom ise

I have considered the submissions of the learned counsel and perused the materials on r,ecord.

Having considered the allegations, the charged offences, which are essentially matrimonial and inter-personal in nature and taking into account the amicable settlement between the^parties and to restore peace among them, in the light of the dictums in Gian Singh v. Stafe of Punjab and anotherl and Anit Mishra v. Stafe of lJ.P.2; Stafe of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the

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considered view that quashment of the impugned^proceeJings in view of the settlement by exercising^jurisdiction under Section^48'.)- Cr.P.C.l52B of BNSS, 2023, would be in the interest of^justice.

Accordingly, l.A.Nos.2 and 3 of 2025 are allowed. Consequently, all proceedings in C.C.No.6552 of 2022, pending on the file of the learned V Additional Judicial Magistrate of First Class at L.B Na;ar, are hereby quashed against the petitioners/accused Nos.'l to 3

I ln the above terms, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

//TRUE COPY//

SD/. T. JAYASREE

rF PUTY REGISTRAR

it I .SECTION OFFICER

To,

1 The V Additional Judicial magistrate of first class at^{L. B Nagar.}

2 The Station House Officer, Nacharam P.S., Rachakondzt.

3 One CC to SRl. M MURALI MOHAN Advocate [OPUC]

4 One CC to PUBLIC PROSECUTOR High Court for the^{;tate of^Telangana louTl

One CC to SRl. DAPPU VENKATAIAH, Advocate [OPU3]

Two CD Copies

MKN/9hW

,

HIGH COURT

DATED:0710712025

(,(.
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* D ,: L'\ *

COMMON ORDER

l.A.Nos. 2 AND 3 OF 2025

ln/And

CRLP.No.1813 of 2025

DISPOSING THE CRIMINAL PETITION

I