Kotagiri Santosh Kumar, Vs The State of Telangana

Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Couh may be pleased to quash the FIR No. 354 of 2024 dt.24-07-2024 on the file of Suryapet ll Town police Station against the petitioners herein.

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l.A. NO: 2 OF 2024

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Petition filed 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 all further proceedings in pursuance of FIR No. 35412024 dt.24-07-2024 on the file of Suryapet ll Town Police Station pending disposal of the present criminal petition.

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l.A. NOS. 1 AND 2 0F 2025 Between:

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Kotagiri Rajini chitra, Wo Kotagiri Santosh kumar, Occ Housewife Aged abcut major, R/o 3-5-20012, Jammigadda, Suryapet, Nalgonda, Telangana . petitioner/ Responrlent No.2 in both

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And

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Kotagiri Santosh Kumar, S/o Kotagiri Radhakrishna Occ llusiness Aged about 40 yrs, Rio 3-5-20012, Jammigadda suryapet, Nalgonda,^-felangana.-

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Kotagiri Radhakrishna, S/o Kogtagiri Kishtaiah, Occ Bus ness Aged about 40 yrs, R/o 3-5-2OOl2, Jammigadda suryapet, Nalgonda, Telangana.-

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Kgtagiri Vijay? {gmqr, Wo Kotagiri Radhakrishna Occ Eiusiness Aged about 40 yrs, R/o 3-5-20012, Jammigadda suryapet, Nalgonda,^-[etangana.-

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.. Respondents/ Petitionersi Accused Nos.^'l to 3 in both

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The State of Telangana, Rep. by Public Prosecutor, High Court of Telangana, Hyderabad. .. RespondenyRespondeni in both

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l.A. NO: 1OF 2025

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Petition under Section 359 (6) of BNSS praying that in the circu;nstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to permit the petitioner and respondents^-l to 3 to record the compromise in CC No 2018 of 2024 in connection with Crime No 354 of 2C,24 on the file of prl Judicial First Class [/agistrate, Suryapet

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l.A. NO: 2 OF 2025

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Petition under Section 359 (2) of BNSS praying that irr the circumstances stated in the Memorgndum of Grounds of Criminal petition, the High Court may be pleased to record compromise with the petitioner/resp,1ndsn1 No.2 and respondentsipetitioners^'1 and 3 by allowing the Crl p. No g4g2 of 2024 filed against cc No 2018 of 2024 in connection with crime No 354 of 2024 on the file of The Prl Judicial First Class ti/lagistrate, Suryapet.

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This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments crf sri r. sRIKANTH REDDY ,Advocate for the Petitioners in Crl.petition and Respondent Nos.^.l to 3 in l.A.Nos. 1 and 2 of 2025 and the Public prosecutor on behalf of the Respondent No.1 Crl.Petition and l.A.Nos. 1 and 2 of 2025 and of S;ri G.V.S. Nagesh, Advocate for the Respondent No.2 in crl.Petition and petitioner in I.A.Nos. 1 and 2 ot 2025.

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The Court made the following Common Order :

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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l.A.Nos.1 AND 2 OF 2025 ln/And CRIMINAL PETITION No.8482 OF 2024

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COMMON ORDER

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This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), seeking quashment of the proceedings against the petitioners in C.C. No.2108 of 2024, on the file of the Principal Judicial First Class Magistrate, Suryapet

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The petitioners are arrayed as accused Nos.1 to 3 in the Calendar Case registered for the offences punishable under Sections 85,^'1 18(1) of Bharatiya Nyaya Sanhita. 2023 (for short 'BNS, 2023') and Section 4 of the Dowry Prohibition Act,^'1 96 1 .

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Heard Mr.T.Srikanth Reddy and M.Rohit, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respcindent No.1-State and Mr.G.V,S.Nagesh, learned counsel for the respondent No.2lde-facto complainant

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Pending this petition, the parties have entered into the compromise a and, accordingly, they moved LA.Nos.1 and 2 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners/accused Nos.1 to 3 in -C.C.No.2108^{of 2024.}

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NlRrr

2

I. 1).,t.;.1 ,rnri 2 ol 202i itt/ antl Cri.l'.\0.8182 of 2021

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This Court vide ordet daled 27.02.2025 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 10.03 2025 stating that 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 settlemenucompromise.

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I have considered the submissions of the learned counsel and perused the materials on record

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Having considered the allegations, the charged oftences, 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. Statil of Punjab and anotherl and Anil Mishra y. Sfate of lJ.p.2; Sfate of Madhya Pradesh v. Laxmi Narayan and others3, thir; Court is of the considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 4tt2 Cr.p.C.l52g of BNSS, 2023, would be in the interest of justice.

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| 2012 (1O) SCC 303

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2 2oz4 INSC t89

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3 zotl 1s1 scc eea

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J)

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N7R,/

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I^,1.'orl d 2 nl 202i in/ attd Cr/.1>.)r;a. 8182 of 2021

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Accordingly, l.A.Nos.1 and 2 of 2025 are allowed. Consequenfly, all proceedings in C.C.No.21OB of 2024, pending on the file of the learned Principal Judicial First Class Magistrate, Suryapet, are hereby quashed against the petitioners/accused Nos.1 to 3.

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

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Pending miscellaneous applications, if any, shall stand closed

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//TRUE COPY//

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SD/- T,TIRUMALA EVI DEPUTY REGIS RAR ./

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SECTION OFFICER

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To,

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The Prl. Judicial first Class Magistrate, Suryapet, Suryapet Dist.

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The Station House Officer, Suryapet ll Town Police Station, Suryapet Dist

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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 SRl. T. SRIKANTH REDDY, Advocate [OPUC]

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One CC to Sri G.V,S. Nagesh, Advocate (OPUC)

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Two CD Copies

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( along with a copy ofjoint memo of compromise) t/ Kul/gh

HIGH COURT

DATED:13/03/2025

COMMON ORDER

I.A. NOS. I AND 2 OF 2 02,5

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IN/AND

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CRL.PETITION .No.8482 of 2o24

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ALLOWING THE I.A. NOS. I AND 2OP 2025

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AND DISPOSING OF TI-IE CRL.PETITION.

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HIGII COURT FOR THE STATE OF TELANGA.IIA AT ITYDERABAD

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(MIjMORANDUM OF CRTMINAL pE,l]l.r.t(]N I,.ILED U/S.

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Oti.BNSS)

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CRL.P.No 8482 oF 2024

AGAINST

c.c.No.ztoa oF ZO2+

IN

(cRrME No. 354 of 201241

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{oN^THE FILE Or- IIONBLE pRL. JUDICIAL F.IRST CLASS MAGISTRATE, SURYAPET)

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BEIWEEN:

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l. Kotagrri, Santhostr Kumar, S/o Kotagtn Radhaknshna Aged about 40 yrs, R/o 3-5_20Ol2, Jammigadda suryapet, Nalgonda, Telalgana.

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Kot-agin Ra_dlrokrishna-, S/o Kogt,gri K_rshta:alr, Aged about 69 yrs, R/o 3-5-200/2, Jammigadda suryapet, Nalgonda, Telangana.

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Kotagiri Vijaya Kumari, W/o Kotagiri Radhakrishna Aged afrout er3 yrs, R/o 3_5_2OUl2, Jammlgadda suryapet, Nalgonda, Telangana.

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..Petitioners/Accused No. 1 to 3

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.AND

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The State of Telangana, Rep by Public prosecutor, High court of Tehnlana, Hydrebad.

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Kotagln R4lrnl chitra W/o Kotagln Santhosh kumar, Aged about: 38 Years, R/o 3-5-200/2, Jammigadda suryapet, Nalgonda, Telangana.

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k*lr-w=--

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. . . Respondent/ Defacto complainant fGl"^J"(r

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F,.Vryayz.^fulrll1Nq,.

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g

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l2

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JOINT MEMO FILED ON BITIALF OF THE PETITIONERS AND THE R.ESPONDENT NO.2

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It rs submrtted that the petitroners have been implrcated as Accused No. 1 to 3 in crime No. 354 of 2024, Dt:24-O7 -2024, on the fik: of the II Town Police Station, registered under Sections 85, 118(1) of BNS and 3 & 4 of Dowry Prohlbftlon Act, lt ls submltted that the petluoners have l1l€ct the CRLP NO. 8482 of 2024 to quash the FIR in Crime No.354 of 2024 arrd the same is pending before this Honble Court, later after investigation t}e police have l-iled the Chargesheet agarnst the Accused NO. I to 3 ancl the same has been numbers as C.C.No. 21O8 of 2O24, pending on the file of the Honble P:l.Judicial First Class Magistrate, at Suryapet.

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It ls submltted that at thls Juncture the elders ot lroth the lamllles have advised to compromise the matters keeping in view of the luture and carriers of both tie parties and for a peaceful life of both tf.e parties eLnd their families and accordlngly both the paities have settled tie matter anlcably setuement.

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It is submitted that the Petitioner/Accused no. 1 and the Respondent No.2 hereln have compromlsecl and executed a Memorancl rm oI unclerstandlng on DL:22-O9-2O24, in the presence of both sides elders an<l weli wishers, as per the memorandum of understanding, it is agreed by both of the parties to compromrse the case rn Cnme no. 354 oI2024, Dt^,24-O / -,10,24 on the tlle ot the II Town Police Station, suryapet and to withdraw the sarne and also agreed to compromise in respect of other accused in t].e crirne no. 354 of 2024, the copy UPttY-

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k.RJ--Cu'--^-^l> K^n;ye

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L3

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of the said Memorandum of Understandin g Dt: 22 -A9 -2C24, is herewith enclosed for the kind consideration of this Honhle corrrt

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It is therefore this joint memo is filed hereby giving consent to withdraw the ollences registered under sections E5, l Ig(1) oI BNS ancl 3 tk 4 0t Dowry Prohibition.Act, between tlre petitioners and the Respondent no.2 vide in c.c.No. 2018 of 2024, in crime No. 354 of 2024 on the fire of the II Town police Station, reglstered under sectl.ns 95, r rg(r) ot uNS and 3 tk 4 0t Dowry prohrbltron Act, pending^'on the file of the pr.Judiciar First crass Magistrate, suryapet, In terms of Memorandum of Understanding Dt: 22_09-2024.

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V C.;uv*^tC.;uv*^t

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V C.;uv*^tC.;uv*^t t<..WaW t<rqntrtl_ kR3-[l*ls:Kotagrrt Santosh Kumar Kotaglri Raclhakrrshna Kotagtn Vijaya Kuman

(Accused No.lf

(Accused No.2f

(Accused No.3f

k,^{llol i- "hr} Kotagtrl RaJtnl chltra