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High Court for State of TelanganaCRLP/4612/2022allowed no costs

Bijanapalli Sarath Chandra And 3 Others v. The State Of Telangana And Another

2022-08-10Chillakur Sumalatha6 pages

tN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE TENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 6134 3877 AND 46',12 0F 2022 CRIMINAL PETITION.NO. 6134 OF 2022 Between:

Manusani Hari Krishna, S/o Rama Krishna Bab Aged 30 years, Occ. Pvt Employee Rl/o H. No 1 5-36, Shankar Gunj, Wanaparthy, Mahabubnagar,Telangana ...PETITIONER/ACCUSED NO.1 The State of Telangana, rep. by its Public Prosecutor, High Court For the State of Telangana at HYderabad Smt Manusani Hema Pavani, W/o M Hari Krishna / Aged 24 years, Caste' Arya Vaisya , Occ. Pvt Employe FJo SVS Avas, Flat no 302, Sri Ram Nagar Colony, Kondapur 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 call for the records in relating to cc.No 11312021 on the file of V Addl Junior Civil Judge-Cum-Xlll Addl MM at Kukatpally, Cyberabad, and quash I.A NO:

OF 2022 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 grant stay of all further proceedings in CC No 11-312021 on ihe file of V.Addl Junior Civil Judge-Cum-Xlll Addl MM at Kukatpally, Cyberabad, pending disposal of the quash petition. LA. NO: 3OF 2022 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 record the terms of the compromise and.quash th_e Ci No. t t e oi 2021 on the file of the Hon'ble V Junior Civil Judge Kukatpally Cum - XlllAddl MM at Kukatpally, Cyberabad CRIMINAL PETITION.NO. 3877 OF 2022 Between:

Medam Anuradha W/o lt4. Ravi Kumar ...PETITIONERYACCUSED NO.6 The State of Telangana, rep. by its Public Prosecutor, High Court For the State of Telangana at Hyderabad Smt Manusani Hema Pavani, W/o M Hari Krishna / Aged 24 years, Caste. Arya Vaisya , Occ. Pvt Employe Rl/o SVS Avas, Flat no 302, Sri Ram Nagar Colony. Kondapur 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 call for the records in relating to CC.No 11312021 on the file of V Addl Junior Civil Judge-Cum-Xlll Addl MM at Kukatpally, Cyberabad, and quash l.A. NO: 2 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the I\,4emorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay of all further proceedings in CC.No 11312021 on the file of V.Addl Junior Civil Judge-Cum-Xlll Addl MM at Kukatpally, Cyberabad, pending disposal of the quash petition.

I.A. NO: 3 OF 2022 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 record the terms of the compromise and quash the CC No. 113 of 2021 on the file of the Hon'ble V Junior Civil Judge Kukatpally Cum - Xlll Addl MM at Kukatpally, Cyberabad CRIMINAL PETITION.NO. 4612 OF 2022 Between:

1. Bijanapalli Sarath Chandra S/o B Jawahar Babu Aged 33 years,- Occ. Pvt Business RJo FIat No 307, Shubam Blooms Apartment, Sudharshan Nagar, ., Serlingampally, Ranga Reddy Dist-500019 '2. Manusani Ramya @ B Ramya, W/o B Sarath Chandra Aged 33 years, Occ. Pvt Business Rl/o Flat No 307, Shubam Blooms Apartment, Sudharshan Nagar, Serlingampally, Ranga Reddy Dist-s00019

3. M Rama Krishna Babu, S/o Manusani Krishna Murthy Aged 63 years , Occ. Business R/o H.No. 15-36, Shankar Ganj, Wanaparthy Mahabubnagar, Telangana-5091 03 rr

4. M Chandrakala, W/o lvl Ramakrishna Babu Aged 54 years , Occ R/o H.No. 15-36, Shankar Ganj, Wanaparthy Mahabubnagar, 509103 Housewife Telangana- .PETITIONER/ACCUSED NO.2.5

1. The State of Telangana, rep. by its Publrc Prosecutor, High Court For the State of Telangana at Hyderabad

2. Smt Manusani Hema Pavani, W/o I\,4 Hari Krishna / Aged 24 years, Caste. Arya Vaisya , Occ. Pvt Employe Rl/o SVS Avas, Flat no 302, Sri Ram Nagar Colony, Kondapur Petitron 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 call for the records in relating to CC.No 11312021 on the file of V Addl Junior Civil Judge-Cum-Xlll Addl I\,4lvl at Kukatpally, Cyberabad, and quash l.A. NO: 2OF 2022 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 grant stay of all further proceedings in CC.No 11312021 on the file of V.Addl Junior Civil Judge-Cum-Xlll Addl N/ I\,'l at Kukatpally, Cyberabad, pending disposal of the quash petition.

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j'i.A. No: 3 oF 2022 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 record the terms of the compromise and quash the CC No. 1 13 of 2021 on the file of the Hon'ble V Junior Civil Judge Kukatpally Cum - Xlll Addl MM at Kukatpally, Cyberabad These Petitions coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petitions and upon hearing the arguments of Sri LAKSHMIKANTH REDDY DESAI ,Advocate for the Petitioner in all criminal Petitions and the Public Prosecutor on behalf of the Respondent No.'l in all criminal Petitions and none for the Respondent No. 2 in all criminal Petitions t , The Court made the following:COMMON ORDER ;'

THE HON,BLE DT.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION Nos.6134 3a77 E6 4672 OF 2022 COMMON ORDER:- 1.

Heard the submission of the learned counsel for the petitioners, learned Assistant Public Prosecutor as well as the learned counsel appearing for the 2"d respondent. 2.

Seeking to quash the proceedings that are pending against the petitioners/ accused Nos. 1 to 6 in C.C.No.1 13 of 2O2!, on the file of the Court of V Additional Junior Civil Judge -cum-XlII Additional Metropolitan Magistrate, Kukatpally, Cyberabad, the present Criminal Pe titions are filed. 3.

Learned counsel for petitioners as well as learned counsel for the 2"d respondent submits that the dispute is purely matrimonial in nature and after initiation of proceedings, the 2od ll { respondent voluntarily came forward to settle the matter amicably and therefore, amicable settlement was arrived at and hence, continuation of proceedings is not desirable and therefore, the proceedings may be quashed.

4.

Learned Assistant Public Prosecutor did not raise any objection for grant of such relief.

5.

As per the contents of the charge sheet, the dispute is purely matrimonial in nature. Therefore, this Court considers desirable to quash the proceedings as prayed for.

Dr.CSL,l Crl.P.Nor.5134, 3877 & 4612 of 2022 6.

Resultantly, the Criminal Petitions are allowed. The proceedings that are initiated against the petitioners in all the three criminal petitions, who are arrayed as accused Nos. I to 6 in C.C.No. 113 of 2O2t that are pending before the Court of V Additional Junior Civil Judge -cum- XIII Additional Metropolitan Magistrate, Kukatpally, Cyberabad, are hereby quashed. 7 .

Miscellaneous petitions, if any pending, shall stand closed.

SD/. M. MANJULA DEPUTY &EGISTRAR ./ secrffi5orrlcen //TRUE COPY// To,

1. The V Additional Junior Civil Judge cum Xlll Additional tvlunsif Magistrate at \rrKu e e on House Officer Women Police Station Gachibowli, CYberabad l, ,l s one cc to sRl. LAKSHMTKANTH REDDY DESAI Advocate [oPUC] ' , :i: ,1 4- Two CCs to Public Prosecutor High court ofJudicature at Hyd.erabad (ouT) . :,. *:i .' o'il6dil snr. iflerl;FCosEburoR (rG) Advocate [oPUC] . ri- ^9,:

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HIGH COURT t : :.DA'lED:1010812022 1H ( J 2 E AU8 2072 + ''

\ ti MMON ORDER .No.6134,3877,and 4612 of 2022 i'

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ALLOWING THE ALL CRIMINAL PETITIONS o f>