Criminal petition sought quashing of PRC proceedings for sexual-offence charges after the accused and de facto complainant settled their dispute. The High Court verified the compromise's voluntariness through the Legal Services Committee and quashed the proceedings on settlement grounds.
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13217 |
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TVVENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HON'BLE SRI JUSTICE N.TUKARAMJI l.A.Nos.3 and 4 ot 2O25 ln/And CRIMINAL PETITION NO:8365 OF 2025
Between:
Gunti Mahesh, S/o. Yesu, aged about 20 years, Occ: Sintering Work, Rl/o. Daddanala Cheruvu Colony, Huzumagar Town and Mandal, Suryapet Dislrict.
...Petitioner/Accused
AND
...RespondenUComp{ainant
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 PRC.No.28|2O24 on the file of Hon'ble Judicial First Class Magistrate at Huzurnagar, against the petitioner/Accused herein in the interest of Justice and equity.
l.A. NO: 2OF 2025
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 Stay of all further proceedings in PRC.No.28/2O24 on the file of Hon'ble Judicial First Class Magistrate at Huzurnagar, against the petitioner/Accused herein including stay of arrest and pending disposal of the Criminal Petition.
l.A. NO: 3 OF m25
Between:
Shaik Reshma, D/o.Shaik Masthan, Aged about'19 years, Occ: Student, R/o. H.No.15-304, Sri Nagar Colony, Huzurnagar Town and Mandal, Suryapet District. ...Petitioner/Respondent No.2/Complainant
AND
2- Gunti Mahesh, S/o. Yesu, aged about 20 years, Occ: Sntering \Alork, R/o. Daddanala Cheruvu Colony, Huzurnagar Town and Mandal, Suryapet District. ...Petitioner/Accused
Petitiorr under Section 359(6) R/w 528 of BNrSS praying that in the circunrstances stated in the Memorandum of Grounds of Criminal Petition, the High Court rray be pleased to permit the Petitioner/Respondent No.2/De- factoComplainant to Compounding the PRC.No.28l2O24, on the file of Hon'ble Juclicial Magistrate of First Class at Huzurnagar, for offences Ulsec. 417,418,42O,376 (2) (n) of IPC (Sec. 318 (2), 318 (4), 64 of BNS)
l.A. NO; 4 OF 2025
Petitiorr under Section 359(2) R/w 528 of BNI)S praying that in the circumstance:; stated in the Memorandum of Grounds ,tf Criminal Petition, the High Court may be pleased to record the compromise in Crl.F.No. of 2025 and Quash the proceedings against the Petitioner/Accused in PRC.No.28/2024, on the fite of Hor'ble Judicial Magistrate of First Class at Fluzurnagar, for offences U/sec. 417, 418,420,376 (2) (n) of IPC (Sec. 318 (2), 31rl (4), 64 of BNS)
This Pt:tition coming on for hearing, upon perusi:lg the Memorandum of Grounds of Criminal Petition and upon hearing t1e arguments of Mr. Venkataramanaiah K., Advocate for the Petitioner and the Mr. Jithender Rao Veeramalla, Ldditional Public Prosecutor on behalf of th,: Respondent No.1 and of Mr. Mogili Andveni, Advocate for the Respondent No.2.
The Court made the following: COMMON ORDER
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
l.A.Nos.3 AND 4 OF 2025 ln/And CRIMINAL PETITION No.8365 OF 2025
COMMON ORDER
This Criminal Petition is filed under Section528 of Bharatiya Nagarik Suraksha Sanhita,2023 (tor short 'the BNSS') seekingquashment of theproceedings againstthe petitionerin P.R.C.No. 28 ot 2024 on the file of the JudicialFirst Class Magistrate at Huzurnagar.
mmplainant.
NTR,J lAs_3 & 4 of 2025 in/and Crlp_8 35s_2025
2
t TRJ lAs_3 & { of 2025 inland" Crlp_E365_2()5
3
o
@mdainant and, after expressing bve for her, entered into a sexual relationship with her despite being aware of trer HIV_ positive status. This relationship continued for four years, clurirg which the petitioner/accused repeatedly assured her that he would marry her. However, on 21.6.2024, when the petitioner/accused was found at her residence and confronled by her family members, he refused to marry her, citing ,parental disapproval.'
'2012 (O) SCC 303 '2024 INsc 189 r 2ot9 (5) scc 688
NTR,J'. lAs_3 & 4 of 2025 in/and Crip_E365_2025
4
hereby quashed against the petitioner/accused.
Pending miscellaneous applications, if any, shall stand
closed.
SD/. MOHO.ISMAIL DEPUry REGISTRAR
6
/,TRUE COPY//
SECTION OFFICER
To,
(Along with a Copy of Joint Memo of Compromise)
HIGH COURT
DATED:2210812025
COMMON ORDER l.A.Nos.3 and 4 ot 2025 ln/And CRLP.No.8365 of 2025
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BOTH l.As ANO cRtMtNAL pETtTtON ARE ALT.OWED
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IN THE HIGH COIJRTQF JUDICATURE AT HYDERABAD FORTHE STATE OF TELANGANA
,:qd.P.Ng..
..''.,
,.],,.,. PRC.t{o.28/2024
(Of'Hon ble Jtdieial Maeiffi offirst€tss+at Hqzqpggar,) , 3,'t;or ^;r1 1<:s2a G-^7
,,. ':1 , , ',,
r Town and Mandal, Suryapet District.
ondentNo.2/Complainant
I.,_..
,,i ., ,l ; e P
High uh of\udicature at Hyderabad. ::. r'_ -:,
/t
..Complainan( Respondent
aged about 20years, Occ:Sintering Work, . '. R/o. Daddanala Cheruvu Colony,HuzurnagarTown and Mandal, SuryapetDistrict.
...PetiUoner/Ac€used
,,#
OINT EM
' it is submittedi'thet the Petitioner/De-factc'-Complainanthave amicably settled the tiiipdte at the ihterventionof elders andwell wishers end the family memffi and the mafterha'; beencompromised Oetr*#n ttrem. Hence.ifid bottrpurtiu, came to com2romisg ir1the above said in PRC.No.28l2O24, on ffre file of Honble Judicial Magistrateof First :_' ll+:" 1 l':': Class at Huzurnagar, for offences Ulsx.4L7,4l8, 420,376'(2)'{n)of IPC.(Se<:.;31S, (2),r318,(4), 64 of BNS) andp?.s9 such other o14er or -...'. :,: . i: ..' ,i ,- _<irop.rs'asttriS, noitieCourt 'may deem fi! and prope? -i! T" : l.'," 'circumstances or tne'Gac.iI
9r.="4
CD. n"^dL. Petitiondr/R;2/Coinplainant h, Counsel for the Peti oner/R2
Petitioner/Accused
tl
Counxrl for the:Petitioner/Accused
Hydeiabad, Dated: 30.06.2025
1 issue framed by the court
Whether proceedings in PRC No.28/2024 for offences under Sections 417, 418, 420, 376(2)(n) IPC could be quashed following an amicable settlement and compromise between the parties.
Colour shows how this judgement treated each authority
Gran Singh v. State of Punjab and anotherRelied on¶8
2012 (O) SCC 303 · Who else cites this
Anil Mishra v. State of U.P.Relied on¶8
2024 INSC 189 · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and othersRelied on¶8
2019 (5) SCC 688 · Who else cites this
4 provisions across 4 enactments
Gunti Mahesh
The State of Telangana
Shaik Reshma
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
