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High Court for State of TelanganaCRLP/6428/2020allowed no costs

Smt.T.Sneha , Vandana v. State Of Telangana And Another

2021-02-24K.Lakshman8 pages

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN |.A.NOS. 3 AND 4 0F 2020 in/AND CRIMINAL PETITION NO: 6428 OF 2020 I.A.NOS. 3 AND 4 0F 2020 Between:

T.Nagaraju, S/o.Krishna, Aged about 29 years, Occ:Business, R/o.H. No.20-170/E/1 , R.B.Nagar, Shamshabad, Cyberabad.

...PETITIONER/RESPONOENT NO. 2 AND Smt.T.Sneha @ Vandana, W/o.Talloju Nagaraju, Aged about 26 years, Occ: Housewlfe, H.No.8-13-73, Adarsha Nagar, Near Brilliant School, Shamshabad, Ranaa Reddy, Telangana.

...RESPONDENT/PETITIONER

2. State of Telangana, rep. by its Public Prosecutor, High Court, Hyderabad. ...RESPONDENTS/RESPONDENT NO.1 l.A. NO: 3 OF 2020 Petition under Section 320(4) 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 accord permission to compromise the above case in F.l.R No.40/2018, dt.2110112018 on the file of RGI Airport Police Station, Cyberabad, in the interest of justice.

l.A. NO: 4 OF 2020 Petition under Section 320(2) of Cr.P.C praying that in the circumstances stated in the l\rlemorandum of Grounds of Criminal Petition, the High Court may be pleased to record the Compromise and quash the proceedings in F.l.R No.40/2018, dt.2110112018 on the file of RGI Airport Police Station, Cyberabad, in the interest of justice. CRIMINAL PETITION NO: 642a oF 2020 Between:

Smt.T.Sneha. @ Vandana, W/o.Talloju Nagaraju, Aged about 26 years, Occ: Housewife, H.No.8-13-73, Adarsha Nagar, Near Brilliant School, Shamshabad, Ranaa Reddy, Telangana.

...PETITIONERyACCUSED No.2 AND

1. State of Telangana, rep.by its Public Prosecutor, High Court, Hyderabad.

L

2. T.Nagaraju, S/o.Krishna,Aged about 29 years, Occ: Business, Rl/o.H. No.20-'l 70/E/1, R. B. Nagar Shamshabad, Cyberabad. ...RESPONDENTS/DEFACTO COMPLAINANT 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 against the petitioner in the F.l.R No.40/2018, dt.2110112018 on the file of RGI Airport Police Station, Cyberabad, filed under Sec.494 lPC.

l.A. NO: 2OF 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 grant stay of all further proceedings in the F.l.R No.40/2018, dt.21l01/2018 on the file of RGI Airport Police Station, Cyberabad, pending disposal of the above criminat petition.

These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri. T. Rajinikanth Reddy, Advocate for the Petitioners in Crl.Petition and Respondent No.1 in l.A. Nos. 3 & 4 of 2020 and the Public Prosecutor on behalf of the Respondent No1 .Crl. Petition and Respondent No.2 in LA.Nos.3 & 4 of 2020 and of Sri. P.Shravan Kumar Goud, Advocate for the Respondent No.2 in Crl.Petition and Petitioner in l.A.Nos.3 & 4 ot 2020.

The Court made the following: COMMON ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN I.A.Nos.3 AND 4 of 2O2O IN/AND CRIMINAL PETITION No.6428 OF 2O2O COMMON ORDER:

This Criminal Petition is filed by the petitioner/accused No.2 in Crime No.40 of 2018 on the file of RGI Airport Police Station, Cyberabad, registered for the offence punishable under Section 494 of IPC, to quash the proceedings in the above said crime.

2.

During the pendency of the present Criminal Petition, the parties have compromised the matter and, accordingly, respondent No.2-de facto complainant filed I.A.Nos.3 and 4 of 2O2O to permit her to compromise the matter and to record the compromise and quash the proceedings in Crirne No.40 of 2018.

3.

Vide order dated 1,2.02.202 1, this Court, after recording the submissions made by the learned counsel for the petitioner as well as respondent No.2, directed the parties to appear before the Registrar (Judicial-I) for their identification and also directed the Registrar (Judicial-I) to submit a report by 23.02.2027. In compliance with the said order dated 12.02.2021, the Registrar (Judicial-I) has submitted his report dated 22.O2.2021.

4.

In the report of the Registrar (Judicial-I), it is stated that on oral examination, respondent No.2 has stated that he had

filed a complaint against the petitioner and that the same has been registered as Crime No.40 of 2018 on the iile of RGI Airport Police Station, Cyberabad, for the offence under Section 494 of IPC and that now he has approached this Court for recording the compromise.

5. The parties herein have filed a joint memo of compromise dated 07. LO.2O2O. The said joint memo of compromise and the report of the Registrar (Judicial-l) are placed on record.

6.

In view the said report and also in view of the compromise entered between the petitioner and respondent No.2, LA.Nos.3 and 4 of 2O2O are a1lowed. Consequently, the Criminal Petition is ailowed and the proceedings in Crime No.40 of 2018 on the file of RGI Airport Police Station, Cyberabad, are hereby quashed against the petitioner accused No.2 alone. Miscelianeous Petitions, pending if any, shall stand closed.

SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR ,TRUE COPY// Go SECTION OFFICER To,

1. The Vlll Metropolitan lt/agistrate at Rajendranagar, Cyberabad.

2. The Station House Officer, RGI Airport Police Station, Cyberabad.

3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to Sri. T. Rajinikanth Reddy, Advocate [OPUC]

5. One CC to Sri. P. Shravan Kumar Goud, Advocate IOPUCI

6. Two CD Copies (along with a copy of the Joint memo Cornpromise) gbr 9-

HIGH COURT DATED:2410212021 COMMON ORDER I.A.NOS. 3 AND 4 0F 2020 IN/AND CRLP.No.6428 ot 2020 rl 14:

T4 3 1E IqAB 2021 zf, * rlr.

ALLOWING THE CRIMINAL PETITION IN TERMS OF COMPROMISE ty^ , \0, \t\'@

I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD L\t* Crl.P.No, of 2020 l Against F.I.R.No.40 of 2018 (On the file of RGi Airport Police Station, Cyberabad) Between:

Smt.T.Sneha @ Vandana, Wo.Talloju Nagaraju Aged about 26 years, Occ : Housewife R/o.H.No.B-13-73, Adarsha Nagar, Near Brilliant School, Shamshabad Ranga Reddy, Telangana, .. Petitioner/Accused No.2 I\ND State ofTelangana, rep.by its Public Prosecutor, High Court, Hyderabad.

T.Nagaraju, S/o.Krishna Aged about 29 years, Occ : Business R/o.H.No.20-170/E/1, R.B.Nagar Shamshabad, Cyberabad.

..Respondents/defacto Complainant JO]NT MEMO F]LED BY THE PE'TITTON R AND RE PONDENT NO.2 f .

it is submitted that the Responclent No.2 have given a report to the police on 08.01.2018, basing on the said repot, the police RGI Airport, have registered the F.LR.No.40 of 2018, dt.21.01.2018 U/Sec.494 iPC' The marriage of the petitioner and defacto complainant was performed on 9th February, 2013 at Attapur, Rajendranagar and led their life happily during the time they blessed one male child in the year 2014. suddenly he notlced that one person by name Sandeep Kumar was interacted with his wife and following his wife regularly. He noticed that he denied and abused both of them. The said Sandeep knows that she got marriage even though sandeep was disturbing him and his wife and also harassing. sandeep is working as Police constable in Mogulpura Police station, Hyderabad. After getting interaction with sandeep they both are moving closely. So he has threat with both of them and they both got married, Sandeep has \ s) o, JL1

entered into hls life and spoiled their life Therefore' the defacto complainant has no intention to proceed with the case and decided to withdraw the above case in F.I.R.No.40 of 2018' That the respondent No'1 has no objection to allow the above criminal Petition by way of compromise'

2) I submit that during the pendency of the said case at the intervention of the elders and well-wishers the matter has been amicably settled and to that effect the 2nd respondent has decided to withdraw the said case unconditionally' In view of the above it is prayed that this Hon'ble couft may be pleased to record the Compromise and quash the proceedings in F.I.R No,40/2018, dt,21.01'20i8 on the file of RGI Airport Police Station, Cyberabad, in the interest of justice.

o q\-\ s$ Petitioner Respondent No.2 I ( o t!

t n e \ Counsel for th Counsel for the oner