Tummala Sai Charan v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE THIRTIETH DAY OF DECEIVIBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: t0544 OF 2022 ALONG WITH LA.Nos. 1and2OF 2022 l.A.Nos. 1 and 2 OF 2022 Between:

Gabbita Shivarama Krishna, S/o Nagamadhudhana Sastri,Age. 56 Years, Occ RTC Depot lr.4anager,Suryapet R/o Hayathnagar,Hyderabad, Telangana ...RESPONDENTS/COMPLAINANT AND

1. Tummala Sai Charan, S/o Sainath, Age.19 years, Occ.Student, R/o H. No,331 5-1 3, Kadiyala Street,Seetharamapuram,Vijayawada, Machavaram, Krishna District, Andhra Pradesh .. .PETITIONERyACCUSED

2. The State of Telangana, Represented by its Public Prosecutor High Court, At Hyderabad ...RESPONDENT/RESPONDENT l.A. NO: 1OF 2022 Petition under Section 320(6) 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 permit the De-facto ComplainanVRespondent No. 2 to compromise the matter with the Accused/Petitioner for the offences u/s 354D and 506 of IPC in CC No. 52 of 2O22 on the file of Honble Juvenile Justice Board, Nalgonda . l.A. NO: 2 OF 2022 Petition under Section 320(2) 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 compromise in CC No. 52 of 2022 on the file of Hon'ble Juvenile Justice Board, Nalgonda against the matter with the Accused/ Petitioner for the offences u/s 354D .

CRIMINAL PETI llON NO: 10544 OF 2022 Between:

Tummala Sai Charan, S/o Sainath, Age.'19 years, Occ.Stur ert, FJo H. No.33-15- 'l3,Kadiyala S treet,Seetharamapuram,Vijayawada, Nlachat;rram. Krishna District, Andhra Pradt sh ...PETITIONER AND

1. The State of Telangana, Represented by its Publrc Pro: er-;uto- High Court, At Hyderaba 1

2. Gabbita S rivarama Krishna, S/o Nagamadhudhana Sar;lri,Age. 56 Years, Occ. RTC Depot Manager,Suryapet Ryo Hayathnagar, F )derabad, Telangana ...RESPON DEI ITS/COMPLAINANT Petition u lder Section 482 of Cr.P.C praying that rn t r€r circumstances stated in the M€ morandum of Grounds of Criminal Petition, t"re H gh Court may be pleased to quash the proceedings in CC No. 52 of 2O22 ceforo the Hon'ble Court of Juvenil : Justice Board, Nalgonda for the FIR No. 2:iil of 2021 in Suryapet Police Stat on .

These P )titions coming on for hearing,upon perusin,)ire lu4emorandum of Grounds of Crin inal Petition and upon hearing the argumer ts of lSri K SARVA BHOUMA RAO Advocate for the Petitioners in Crl.Petitron :nd Respondent No.1 in l.A.Nos. 1& 2 of 2022 and the Additional Public Pro;ercutor on behalf of the Respondenl No.2 in l-A.Nos. 1& 2 of 2022 and ResponJent lJo.1 in Crl.Petition and of Srl BHASKAR POLURI Advocate for the F :sp,:ndent No. 2 in Crl.Pelition and Petitioner in l.A.Nos. 1& 2 ol 2022 . The Court 63d,r the following: ORDER

THE HONOURABLE SRI JUSTICE K. SURENDER CRIMINAL PETITION No.1O544 OF 2o22 ALONG WITH I.A.Nos.l and 2 OF 2022 COMMON ORDER:

This Criminal Petition is liled under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.S2 of 2O22, on the file of Juvenile Justice Board, Nalgonda. The petitioner herein are accused in the said case. The offences alleged against the petitioners herein are under Section 354-D of I.P.C 2.

Heard learned counsel appearing on both sides and learned Additional Public Prosecutor for the State. Perused the record.

3.

During the pendency of the present Crimina,l Petition, the parties have compromised the matter and, accordingly, respondent No.2-de facto complainant filed I.A.Nos. 1 and 2 of 2022 lo permit them to compound the offences and to compromise the case.

4.

Vide order dated 05.12.2022, this Court, after recording the submissions made by the learned counsel for ttre petitioner as weil as respondent No.2, directed the parties to appear before the Secretary, Telalgana^High Court Legal Services

KS,.J Crl. Pe iti,rn No.10544 of2022 Along witl" l.l\.Nori.1 and 2 of 2022 Committee, I ty'derabad, for their identilication a rr: also directed the Secretary to submit a report by 15.12.2022. in r:ompliance with the saic order, the Secretarlr has subrnitte J his report, on 14.12.2022.

5.

In the report of the Secretar5z, Telangana F igh OourL Legal Services Con mittee, Hyderabad, it is stated that in otedience of the orders dated 05.12.2022, the petirione: and the 2".1 respcndent I ave appeared before him along rvit h th:ir counsel and on exar rination and verification of their I ir-ticulars from their Aadhar Cards, they were tallied. Thus the iclen,ification of both the paries has been established 6.

The pa'ties herein have filed a joint rnem< of compromise stating that hey have agreed among themselver 1o compromise and resolve all the disputes, they have settl( (l th e disputes between thern amicably and lna respondent has ro objection to quash the 1 rroceedings against the petitioner rerein in the above Calen,lar Case. The said joint memo of cornp:omise and the report of the Secretary are placed on record. 7.

In view of the said report of the Secretary, -'r:1ar-rgana High Court Legal lervices Committee, Hyderabad alrI r{so in view of

KS,.i Crl.Petition No.10s44 of 2022 Alont with LA.Nos.t and 2 of 2022 l the compromise entered between the petitioner and respondent No.2, I.A.Nos. I and 2 of 2022 are allowed. Consequently, the Criminal petition is allowed and the proceedings in C.C.No.S2 of 2022, on the file of Juvenile Justice Board, Nalgonda, against the petitioner-Accused are hereby quashed, petitioner .have undertaken to pay an amount of Rs.1O,OO0/-(Rupees Ten Director, Sainik Welfare, Hyderabad, (Savings A/c.No. S2i^aAg262Z9, State Bank of India, Shantinagar Branch & 2OOZO,IFSC Code: SBINOO2OOZO, MICR No. so00o4os7), within a period of one week from today, and file proof of the same into the Registry. Thousand Only) ln favo ur of As a sequel, the miscellaneous petitions, pending if any, shall stand closed.

Sd/. G. SIREESHA ASSISTANT REGISTRAR / qB tt //TRUE COPY// SECTION OFFICER To, . The Juvenile Justice Board, Nalgonda .

. The Station House Officer, Sury"apet lTown police Station, Suryapet.

. Two CCs to Additional public prosecutor, High Court for the State of Telan_gana, at Hyderabad.(OUT) . One CC to SRI. K SARVA BHCiUMA RAo Advocate toPUC] . One CC to SRt. BHASKAR POLURI Advocate tOiuCt ' . The Secretarv .Telanoana Hjgh Courts nOuocate aliociation, Hyderabad . Two CD Copies 7.

(along with a copy of Joilt memo of compromise) Cost Memo N-ote: Amount paid by petitioner/accused , rowards 10,000/_ (Ten Thousand Only) in favour of Director, Sainik welfare, Hyderabad, (Sa'ings A/c.No. 52ig8926279, stare B;nk oflndia, Santinagar Branch(20070), IFSC Code-SBINOO20070,MICR No.500004057. USRNo. 872/2023 date: 30/ t2/2022

HIGH COI'RT DATED:3( 11212022 COMMON ORDER CRL.P.No 10544 of 2022 ALONG WITH l.A.Nos. 1 and 2 of 2022 /6i I t{E, S lA 14:

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I E FTB 2L[3 )- 1.9 \: .* t- :--- ALLOWING THE CRIMINAL PETITION (v 19

MEMORAN I)T] M C)TI CITI M INAL M ISC I'I']'I'I1'ION {UNDBR SDC. 320 {6) ot" Cr.t'.C.) IN TIIE HIGH COURT OF JUDICATURIT: AT IIYDERABAD FOIi TtlD STATD OF TBLANGANA AND l'I-tE S1'ATE OF N NDI IIIA PIIADI'SFI l.A.No ot' 2022 IN ot 'o22 CRL.P.No.

i BETV/EEN:

Gabbil.a Shivarama Krishna, S/o Nagamadhudhana Sastri, Age: 56 Years, Occ: RTC Depot Managcr, Suryapet R/o Hayathnagar, tlyder:rbad, Telangana .lie s I)onden ts / Complainant AND l. Tummala Sai Charan, S/o Sainath, Ago: 19 years, Occ: Student, R/o H. No. 33-15-13, Kadiyala Street, Seetharamapuram, Vijayawada, Machavaram, Krishna District, Andhra Pradesh letitioner/ Accused

2. The State of Telangana, Represented by its Public Proseclrtor, fligh Court at Hyderabad Rcsl)ondcnt/Respondent INT I\'IEMO That the Petitioner/ Accused and the De-factoComptainant/ Respondent No. 2 herein have comprolnised the matter out of the court with the intervention of elders and well wishers and in view of the (ow

conlpl()l11is( llr(--\ rlr) lt()t v'tl-lt l() furlil(lr prot:r-'ccl rvitlr th( cirsLr _ ;trnt l'lo '2:12. ol )lJ -'.1 ,lirtcd i8.l'2.2O21 rtn thr: tilc ot Srrry:tp(]1 I'olir c Sti rron rcgislcrcd lrr oift nr:t:r rr/s. ii54l) and 506 of IPC, in CCN" :;2 ( I 2022 on the ti[ ,rf Ilorr lric Jt vr'ni (i Jusli,]e Boirtd, N:rlgond;r as s Lcl- rLi; Ho I bic Courl rlaY lrt: Irlt:a cci ro rec<lrcl th(l Colnprise ;rccorccd be i'r'ccn ihc Pctitioncr /\r;c usr:il :Lnd Dc f:Lct o Cornplainant/ Iiesponrlclrt 'lrr' 2 irnd quash the irrtrcecditrl.s against ttre Petitioner/ Accused in'lrirne fl" 2 ]!l of 2O21 clatcci 13.12.2021 or the file of Suryapet Police Statrou rcl;i:'terecl lot offenr:es u/s. :)54D lnd 506 of IPC, in CC No. 52 of 2A'22 on ilrc fil(: of Ilon'blc Juvcnilc Jrts icc Lk;ard, Nalgonda.

Herrce -l lr is Nle trto COMPI,AI i1' NT B, It',alirl Gabbita Sivaranta l(ris Ir Ia 'luntlllrila Slt ( ACCi :] Ij L) t.

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L ITC]R TI tE PETITIONER/ IV ACCL]SI,]D L.,'r'r,- ,/ "-.vL/"..''

CEI)UNSl;I FO]i THD COMPLAINANT/ RI]SPONtI ]NT NO. 2 1llr for'tie g:" - 2"d l?espondent Hyderabad, Dt: 11.11.2O'.)-2 Counscl E,