Dandugula Mohan v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 6194 OF 2020 AND r.A. NOS. 2 AND 3 0F 2020 IN CRL.PETITION NO. 6194 oF 2020 r.A. NOS. 2 AND 3 0F 2020 Between:

Manoj Kumar Toom, S/o. Late loom Eshwaraiah Aged about 36 years, Occ. Electrical Business Rl/o. H.No. 3-2-105, Nimboliadda Kachiguda, Hyderabad. .. PETITIONER/RESPONDENT No.2 in both And

1. Dandugula Mohan, S/o. Late D.Sailoo Aged about 45 years, Occ. Business RUo. H.No.1 0-3-20-3/5/4, Waddera Basthi Addagutta, Secunderabad.

2. Dandugula Venkataswamy, S/o. Late D. Sailoo Aged about 45 yrs, Occ. Business R/o. 10-3-20/3/5/A, Waddera Basti Addagutta, Secunderabad. ..Respondents / Petitioner in both

3. The State of Telangana, Rep. by its Public Prosecutor High Court for the State of Telangana Hyderabad .. Respondent / Respondent in both l.A. NO: 2 OF 2020 Petition under Section 320 (6) R/w. Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compound the offence with the respondents No.1 and 2 herein/ accused No.'1 and 2 and quash the proceedings in Cr.No. 264 of 2020 of Tukaramgate Police Station, Hyderabad for the offences punishable U/ Sec. 324, 341, 506 r/w 34 IPC in the interest of justice. l.A. NO: 3 OF 2020 Petition under Section 320 ( 2) R/w. Section 482 of Cr.P.C praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition,the High Court may be pleased to record the compromise and quash the proceedings in Cr.No. 264 ol 2020 of Tukaramgate Police Station, Hyderabad in so far as the petitioners are concerned in the interest of Justice.

Crl.Petition No. 6'194 of 2020 Between:

'1 . Dandugula Mohan, S/o. Late D.Sailoo Aged aboul 45 years, Occ. Business Fl/o H.No. 1 0-3-20-3/5/A, Waddera Basthi Addagutta, Secunderabad.

2. Dandugula Venkataswamy, S/o. Late D. Sailoo Aged about 45 yrs, Occ Business F/o. 1 0-3-20/3/5/4, Waddera Basti Addagutta, Secunderabad. ...PETITIONERS AND

1. The State of Telangana, Rep. by its Public Prosecutor High Court for the State of Telangana Hyderabad.

2. Manoj Kumar Toom, S/o. Late Toom Eshwaraiah Aged about 36 years, Occ. Electrical Business Rl/o. H.No. 3-2-105, Nimboliadda Kachiguda, Hyderabad. ...RESPONDENTS 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 quash the proceedings in Cr.No. 264 of 2020 of Tukaramgate Police Station, Hyderabad in the interest of Justice.

l.A. NO: 1OF 2020 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 stay of all further proceedings including the arrest of the petitioners in Cr.No. 264 of 2020 of Tukaramgate Police Station, Hyderabad, pending disposal of the above Criminal Petition .

This Petition coming on for hearing, upon perusing the lt4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C. DAMODAR REDDY ,Advocate for the Petitioners in Crl.Petition and Respondent Nos.1 & 2 in LA. Nos. 2 and 3 of 2020 and the Public Prosecutor on behalf of the Respondent No.1 in Crl.Petition and Respondent No.3 in l.A. Nos. 2 and 3 of 2020 and of Sri M. Ajay Kumar, Advocate for the Respondent No. 2 in Crl-Petition and Petitioner in l.A. Nos. 2 & 3 o'f 2020.

The Court made the following: COMMON ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.6194 0F 2020 AND I.A. Nos.2 AND 3 OF 2020 IN CRIN{INAI- PETITION No.6l94 OF 2020 MM N ORDER:

This Criminal Petition is filed by the petitioners - accused Nos.l and 2 in Clime No.264 of 2020 pending on the file of the Station House Officer, Tukaramgate Police Station, Hyderabad. The offences alleged against the petitioners are punishable under Sections 324,341 and 506 read with Section 34 ofthe Indian Penal Code, 1860.

2. During the pendency of the present criminal petition, the petitioners and the 2n't respondent - de facto complainant have filed I.A Nos.2 and 3 of 2020 along with Joint Memo seeking permission to record the compromise between them and to compound the offences alleged against the petitioners.

3. Vide order dated 23.11.2020, this Court, after recording the subnrissions made by the learned counsel for the petitioners as well as the de fucto conrplainant, directed the petitioners and the de .facto conrplainant to appear before the Registrar (Judicial-l) of this Couft on or belore 26.11.2020 with reference to identification of the parties, and directed the Registrar (Judicial-I) to submit a report to that effect by 26.11.2020. Pursuant to the said order, the Registrar (Judicial-l) has subrnitted his report dated 25.1 1.2020.

4. ln the repoft dated 25.11.2020 of the Registrar (.ludicial-l), it is stated that on oral examination, the 2nd respondent has stated that he has filed a complaint against the petitioners and the same was registered as Crime No.264 of 2020 on the file of the Station House Officer, Tukaramgate Police Station, Hyderabad, for the offences referred to above and that now he has approached this Court for recording the compromise. The Joint Memo and also the leport of the Registrar (Judicial-l) are placed on record. It is also stated in the repoft that identification of the de facto complainant and petitioner Nos. I and 2 is established.

5. In view the above report and also in view of the conrpronrise entered between the petitionels and the de focto contplainant, I.A. Nos.2 ahd 3 of 2020 are allowed. Consequently, the Criminal Petition is allowed and Crime No.264 of 2020 pending on the llle of the Station House Officer, Tukalarngate Police Station, Hyderabad, is quashed.

As a sequel thereto, miscellaneous petitions, if any, pending in tl.re crirninal petition stand closed.

SD/. M. MANJULA ASSISTANT REGISTRAR //TRUE COPY// ).

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HIGH COURT DATED:2611112020 COMMON ORDER CRLP.No.6194 of 2020 And l.A. NOs. 2 AND 3 OF 2020 IN GRL.PETITION NO. 6194 0F 2020 t4 F.

it R o e o O a I 15 DEC,iW * ttA * s'

Ctt ALLOWING THE CRIMINAL PETITION ss{ .

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*+ rN rr{E IIIGI{ couRr fstJffili"'oF TELANGANA L h,l ot roro Ctl.P.No:

Bet'i!'een: - Danduzula Mohan S/o Late D'Sailoo e*J"6.", 45 Years, occ: BtLsines I?1. fr.*".i0 -d'zo'itsta' w*ddera Basthi Addagutta, Secunderabad'

Dandugula Venkataswamy S/o' Late D' Sailoo Aeed about 45 Yrs, Occ: Business R7o: 10-3-20 lilSlA' waddera Basti Addagutta, Secunderabad'

. . . Petitioners AIID 1.

The State of Telangana Rep. by its Public Prosecutor High Court for the State of Telangana Hyderabad.

Manoj Kumar Toom S/o' Latt: Toom Eshwaraiah Aged about 36 years, Occ: Elt:ctrical Business R/o. H.No. 3-2-LOs, Nimboliadda Kachiguda, Hyderabad.

. . . Respondents JOINT MEMO FILED ITY THE PETITIONERS AND THE RESPONDENT NO.2 It is submitted that the Inspr:ctor of Police, Tukaramgate Police Station, Hyderabad City obtained a report fiom the 2"d respondent herein and registered a case in Cr.No. 264 of 2O2O of Tukaramgate Police Station, Hyderabad U/Sec. :124,431 & 506 r/w 34 IPC against the petitioners. It is further submitted that since the petitioners are no way concerned with the said oftences and police officers registered the false case against the petitioners. It is submitted that on the intervention of the well wishers, elders, relatives and common friends the petitioners and the 2'd responrlent have compromised the matter outside the court and settled their dispute. It is also submitted that the petitioners and the 2"a respondent have also entered into a Memorandum of Compromise ancl filed affidavit before this Honble court to that effect.

D,/"L D\"-4'

-T.UId-

\ \rl In view of the above stated facts and circumstances, it is therefore prayed that this Hon'ble court may be preased to record the compromise and quash the proceedings in Cr.No. 264 of 2O2O of Tukaramgate Police Station, Hyderabad in so far as the petitioners \ are concerned in the interest of Justice.

-1.S{VResponder{t No.2 D r4rb Petitioner No.1 &,t"alk, Counsels for e Petitioners Counsel ondent No.2 I I I