G. Deepak Vs Smt. G. Hari Priya , Madhavi — Telangana HC (2025) — LawSathi Research

G. Deepak Vs Smt. G. Hari Priya , Madhavi — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

I.A.Nos.1 and 2 of 2025 allowed; order dated 08.07.2022 in M.C.No.42 of 2018 set aside; Criminal Revision Case disposed of; pending miscellaneous applications, if any, in the Criminal Revision Case stand closed.

Issue for consideration

Whether permission should be granted to compromise the pending proceedings in Crl.RC.No.718 of 2022 (arising out of M.C.No.42 of 2018) and to record the terms of compromise between respondent No.1/complainant and the revision petitioner. +1 more

Court's answer

On referral dated 25.03.2025, the High Court Legal Services Committee's report dated 28.03.2025 recorded that the parties were identified by their respective counsel and on verification of Aadhaar/identity cards, and that the enquiries revealed the parties willfully and without coercion entered into the settlement/compromise.

Ratio / Principle

The allegations being essentially matrimonial and inter-personal in nature, and taking into account the amicable settlement between the parties and the need to restore peace, quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 482 Cr.P.C./Section 528 of BNSS, 2023 would be in the interest of justice, in the light of the dictums in Gian Singh, Anil Mishra and Laxmi Narayan.

Key takeaways

I.A.Nos.1 and 2 of 2025 are allowed and the order dated 08.07.2022 in M.C.No.42 of 2018 on the file of the Principal Family Court, Secunderabad is set aside.ratio¶58

Detailed headnote1 paragraphs

High Court for the State of Telangana (N. Tukaramji, J.), 08.04.2025: Criminal Revision Case under Sections 397 and 401 CrPC against the order dated 08.07.2022 of the Principal Family Court, Secunderabad in M.C.No.42 of 2018. During pendency, respondent No.1/complainant and the revision petitioner entered into a memorandum of understanding providing for permanent alimony, mutual divorce and withdrawal of pending cases, and filed I.A.Nos.1 and 2 of 2025 under Sections 359(6) and 359(2) BNSS seeking permission to compromise and to record the terms of compromise. On the report of the High Court Legal Services Committee dated 28.03.2025 confirming identification of the parties and that the settlement was willful and without coercion, and relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303, Anil Mishra v. State of U.P., 2024 INSC 189, and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, the Court held that quashment of the essentially matrimonial and inter-personal proceedings in view of the settlement, by exercise of jurisdiction under Section 482 Cr.P.C./Section 528 BNSS 2023, would be in the interest of justice. I.A.Nos.1 and 2 of 2025 were allowed, the order dated 08.07.2022 in M.C.No.42 of 2018 was set aside, the Criminal Revision Case was disposed of, and pending miscellaneous applications were closed.

132171

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY, THE EIGHTH DAY OF APRIL

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

l.A.Nos.1 and 2 ol 2025

ln/and

CRIMINAL REVISION CASE NO: 718 OF 2022

Criminal Revision Case filed under Section 397 and 401 of Cr.PC against the Judgment dated 08/0712022 made in MC.No.42 of 2018 on the file of the Court of the Judge, Principal Family Court Judge, City Civil court, Secunderabad.

Between:

G. Deepak, S/o. G. Narsimha, Aged. 35^years, Occ. Auto Driver R/o. H.No 24-710, Gandhi Nagar, Jagathgirigutta, IDPL Colony, Hyderabad.

... Revision Petitioner

AND

1 Smt. G. Hari Priya @ Madhavi, Wo. G. Deepak, Aged. 30^years, Occ. House wife,

2

Master Charan Raj, S/o. G.Deepak Aged about 06 Years,

J Master Arush, S/o. G. Deepak, Aged about 4 Years, All are Residents of H.No.1- 27-364, Bapuji nagar, Bowenpally, Secunderabad^- 500011. (Respondent No. 2 and 3 are Minor Rep. by Natural mother and Guardian respondent No.1 )

...RespondenUComplainant

4 The state of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad.

...Respondent

lA NO: 2 OF 2022

Petition under Section 482 of Cr.P.C^praying that in the circumstances stated in the affidavit filed in support of the^petition, the^High Court^{may be} pleased to suspend the order against respondents dated 08/07i2022, in MC.No.42 ol 20'18 by the Principal^Family Court Judge,^{City Civil court,Secunderabadby} allowing the criminal Revision.

i'l oF 202

BETWEEN:

Smt.^{G. Hari Priya} @^{Madhavi, W/o. G. Deepak, Aged. 30 y'-'ars, Occ . House} wife,

Master^{Charan Raj, S/o. G.Deepak Agedabout06 Years,}

Master^{Arush, S/o. G. Deepak, Aged about 4-Years, All are llesidents of} H.No.1-^{27-364, Bapuji nagar, Bowenpally, Secunderabad500011.} (Respondent No. 2 and 3 are Minor Rep.^{by Natural mother and Guardian} iesPondent^No.1 )

... Petitioners/Respondents No.l to 3 in l.A.No.1 and 2 of 2025

AND

G.^{Deepak, Sio. G. Narsimha,Aged.35 years,Occ . Auto Driver Rl/o H.No.} 24-710,^{Gandhi Nagar, Jagathgirigutta, IDPL Colony,Hyderabad.}

The^{stateof Telangana, Representedby its Public Prosecutor, High Court at} HYderabad.

...Respondents/Respondents in l.A.No.1 and 2 of 2025

Petition under^{Section 359(6)of BNSSpraying that in the circumstances} stated^{in the affidavit filed in support of the petition,the Histh Court maybe} oleased^{to permit permissionto compromise the pending proceedingsin} brl.RC.No.718^{of 2022 in MC.No.42of 2018on the file of Prin<;ipalFamily Court} Judge,^{City Civil Court at Secunderabad, HyderabadDistrict,in the interest of} justice.

IAN 20F 2025

Petition^{under Section 359(2)of BNSS prayingthat in the circumstances} stated^{in the affidavitfiled in supportof the petition,the Higth Court maybe} oleased^{to recordthe compromisein the pendingproceedings n Crl-R.C.No.718} 'of 2022 in MC.No.42 of 2018 on the file of Principal Family Court Judge, City Civil Court^{at Secunderabad,HyderabadDistrict, in the interest of justrce.}

Counsel^{for the Petitioner:MS' Meghana Addla Suneel}

Counsel^{for the Respondent Nos.1 to 3: Sri Yeramalla Prashant}

Counsel^{for the Respondent No.4 : Sri JithenderRao Veeramalla,} Public Prosecutor

The^{Court made the following:COMMON ORDER}

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THE HONOURABLE^{SRI JUSTICE N.TUKARAMJI}

l.A.Nos.1 AN o20F²⁰²⁵ ln/And CRIMINAL REVI sro^{N CASE No. 718 OF 2022}

coMMON ORDER:

This Criminal Revision^{Case is filed under Sections 397 and 401} of the Code of^{CriminalProcedure,} 1973, assailing the^order dated 08.07.2022^{passedin M C No 42} of 2018 on the file^{of the} Principal Family^{Coui't, Secunderabad}

2 Heard lttls.tVleghana^{Addla Suneel, learned counsel for the} revision^{petitioner,I/r.YeramallaPrashant, learned counselfor} respondentNos.'lto3andlVlr.JithenderRaoVeeramalla,learned Additional Public^{Prosecutor, representing respondentNo 4-State}

During^pendency of^{the CriminalRevisionCase,respondent} No.'llcomplainant^{has filed lnterlocutoryApplications vrde l A Nos' 1} and 2 of 2025^{seeking permlsslon to compromise the matter and to} record the terms of^{compromisebetween respondent No 1/} complainant and the^{revision petitioner/respondent'}

This Court vlde order^{dale'| 2503.2025 referred the parties to} the High court^{Legal services cornmittee fcr identification and to verify} the voluntariness^{in arriving the settlenrent The Secretary, High Court} Legal Serrrices Commtttee.^{has submittedreport dated 28032025}

2

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stating that the partres were identified by their respectr/e counsel and arso on verification of Aadhar cards/rdentity cards an J the enquiries revealed that the pa(ies have willfully and without coercion entered into settlemenVcom prom ise

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

Having considered the allegations, which are essentially matrimonial and inter-personal in nature and taking into account the amicable setilement between the parties and to restore peace among them, in the light of the dictums in Gian singh v. state of punjab and anotherl and Anil Mishra v Sfate of u.P.2; State of Madhya Pradesh v. Laxmi Narayan and others3, this Court rs of the considered view that quashment of the impugned proceeJ jngs in view of the settlement by exercising jurisdiction under section 482 Cr.P.C.1528 of BNSS,2023, would be in the interest of juslice

Accordingly. lA.Nos.1 and 2 of 2025 are allowed and the order dated 08.07.2022 in M.C No42 of 201g on the file of the principal fq1ity^{Court, Secunderabad,} is hereby set aside.

| 2012 (10) SCC 303

. 2024 INSC 189

3 2019 (5) scc 688

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3

L 1.\r,.'.1^{tnJ 2 al )(Di} ! / tt!t/ (.r/.]<.C \0.7 /3 ol 20:2

ln the above terms, the^{Criminal Revision Case is disposed of}

Pending miscelianeous^{applications, if any, in this Criminal}

Revision Case shall stand^closed

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

\ \

//TRUE COPY//

SECTION OFFICER

To,

The Judge, Principal Family Court Judge, City Civil court, Secunderabad 2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

One CC to SRI MEGHANA ADDLA SUNEEL, Advocate [OPUC] 4. One CC to SRI Y PRASHANT, Advocate [OPUC]

,W f^{Two CDCopies}

ADK,?SL

Along with a copy of Joint Memo of Compromise

{ Jd;t

HIGH COURT

DATED:08104t2025

COMMON ORDER

l.A.Nos.1 and 2 of Z02S ln/and CRLRC.No.71B ot 2022

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DISPOSING OF THE CRLRC AND ALLOWING l.A.Nos.1 and 2 of 2025

b

HIGH COURT FOR THE SIATE OF TELANGANA AT HYDERABAD

Crl.RC.No. 718 of 2022

IN

MC. No.42 of 2018

(on the file of Hon'ble Principal Family court Judge, City civil court at secunderabad, Hyderabad District)

Between:

G. Deepak, S/o. G. Narasimha, Aged about 35 years, Occ: Auto Driver, R/o.H.No.24-710, Gandhi Nagar,

Jagathgirigutta, IDPL Colony, Hyderabad. Revision Petitioner/Petitioner

AND

Smt G. Hari Priya @ Madhavi, W/o. G. Deepak, Aged about 30 years, Occ: Housewife,

Master Charan Raj, S/o. G. Deepak, Aged about 06 years,

Master Arush, S/o. G. Deepak, Aged about 04 years,

Respondent No. 2 & 3 being minor rep. by their Mother Smt. G. Hari priya

All are Residents of H.No.1-27-364, Bapuji Nagar, Bowenpally, Secunderabad - 500011.

The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad.

. Respondents/Com pla inant

Respondent

]OINT MEMO FILED BY THE PETITI ONER AND RESPONDENTS

1 It is submitted petitioner filed above criminal Revision petitioner before this

Hon'ble court to set aside orders and judgment dated 08.07.2022 passed in Mc.No.42 of 2018 on the file of Hon,ble principal Family Court at Secunderabad.

2 It is submitted that the during pendency of the this Crl.RC both petitioner and respondents are enter into an Memorandum of understanding dated

t

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.

07.02.2024, with the advice of elders of both parties and the both petitioner and respondents are want. to settle their disputes amicably, as per t\4OU dated 01.02.2024 the respondent No. 1 agreed to receive an amount of Rs. Xxr:oc.,ox/- from the revision petitioner as permanent alimony and also mutual divorce from the petitioner and the respondent No. 1 also agreed to set aside the Judgment dated 08.07.2022 passed in MC.No.^t2 of 20lB on the file of Hon'ble Principal Family court at Secunderabad.

J)

It further submitted that the as per MOU dated 01.02.2024 respondent No. 1 also agreed to withdraw all the cases pending against the petitionef, Therefore, it is prayed that this Hon'ble Court may be pleased to accord permission to compromise the pending proceedings in Crl.RC.No.71 B of 202) in MC.No.42 of 2018 on the file of Hon'ble Principal Family Court Judge, City Civil Court at Secunderabad, Hyderabad District, in the interest ofjustice.

In view of the above settlement eniered into behveen the petitioners and the respondent No.1, it is prayec that this Hon'ble Court may be pleased to accord permission to compromise the pending proceedings in Crl.RC.No.71B of 2022 in MC.No.42 of 2018 on the file of Hon'ble Principal Family Court ludge,

City Civil Court at Secunderabad, Hyderabad District, i1 the interest of justice. $,^{a"l/; (pn?r)} esp. No.2 No.2 Petitioner No.1

G Petih-o ner esp. No.2 No.2

G. n&"*^[t+*iPnJ") Petitioner No.2

r the Petitioners

Counsel e Respondents/Petitioners