Mr. Marsakatla Gopi v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENryTHREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 11714 OF 2023 Between:

Mr.Marsakatla Gopi, S/o Atchalu, Age. 22 years, Caste. Mala. Occ. Pvt' Employee No 4-8111, Khammampadu Village, Madhira Mandal Khammam District' ...PETITIONER/AGCUSED ANO

1. The State of Telangana, Represented by Public Prosecutor High Court at Hyderabad.

2. Shri. Ravi Medhari, S/o Ammanna Age. 45 years, Caste. Madiga Occ' Agriculturist, R/o Khammampadu village of Madhira Mandal' Khammam Distrct.

3. Smt. Lavanya Medhari, D/o Ravi Medhari, Wo Marsakatla Gopi Age' 19 . - veirs, Cast6. Madiga Occ. Student, Rl/o. Khammampadu village of Madhira Mandal. Khammam Distrct ...RESPONDENT 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 SC.POCSO No. 107 of 2022 on the file of Hon'ble I Add't. District and Sessions Judge at Khammam to the extent of the Petitioner/Accused.

l.A. NO: 1OF 2023 Petition under section 482 of cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High cou rt may be pleased to stay all further proceedings in sc.Pocso No. 107 of 2022 on the file of Honble I Addl. Districi and Sessions Judge at Khammam, against the Petitioners.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri APURVA M GOKHALE ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of sri Gowtham Raj, Advocate for the Respondent No.3. The Court made the following ORDER:

THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI CRJMINAL PETITION No.11714 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioner/accused seeking to quash the proceedings against him in SC.POCSO.No.1O7 of 2022 pending on the file of the I Additional District and Sessions Judge, at Khammam, which r'"'as taken cognizance for the offences punishable under Sections 366 and 376 of I.P.C and Section 5 read with Section 6 of the POCSO Act, 2015.

2 .

l,earned counsel for the petitioner/ accused as r,r,ell as learned counsel for respondent No.3 submitted that the petitioner/accused and respondent No.3 have entered into compromise and that they are married ald are happily living f { together. However, from the charged offences, it is clear that it is not compoundable as the offences alleged against the petitioner/ accused are under Sections 366 and 376 of I.P.C ald Section 5 read with Section 6 of the POCSO Act, 2O 15. Therefore, the offence under Section 376 of I.P.C is not compoundable ald hence, the FIR cannot be quashed on the ground of compromise.

?

z 3.

tearned counsel appearing for the victim i.e., the respondent No.3 submitted that respondent No.3 was not allowed to participate in the proceedings to make her submissions.

4.

In view of the change of the facts and circumstances, this Court deems it appropriate to direct the trial Court to permit the victim i.e., respondent No.3 to make her submissions through her counsel ald thereafter, concluCe the proceedings in SC.POCSO No.1O7 of 2022 pending on the hle of the I Additional District and Sessions Judge, at Khammam within a period of six

(6) months from the date of receipt of a copy of this order. 5.

Accordingly, the Criminal Petition is disposed of at the admission stage itself.

Miscellaleous applications pending, if any, shall stand closed. SD/- T. VIJAY KUMAR ASSISTANT REGISTRAR t \, //TRUE COPY// SECTION OFFICER To,

1. The I Addl. District and Sessions Judge at Khammam.

2. One CC to SRl. APURVA M GOKHALE Advocate IOPUC]

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

4. Two CD copies.

Cvk/jak

HIGH COURT DAfED:2811112023 q, ..r:- j\ )o.- t/, *

ORDER

CRLP.No.11714 of 2023 Criminal Petition is Disposed of.

@,n'.4 h@