CRLP/12077/2023 of Gundluri Srinivas Vs The State of Telangana on 29 December 2023

1. The State of Telangana, Through SHO, Central Crime Station, Hyderabad,TS. Represented by its Public Prosecutor, High Court for the Staie ofTelangana.TS. Represented by its Public Prosecutor, High Court for the Staie ofTelangana.

2. Samada Venkata Lakshmi Sai Ranga Rao, S/o.Samarla Koteswara Rao,aged about 44 yearc, Occ- Business, No.22-C-9-12, Badeti Vari Street, Eluru,West Godavari, Andhra Pradesh - 53400'1 .aged about 44 yearc, Occ- Business, No.22-C-9-12, Badeti Vari Street, Eluru,West Godavari, Andhra Pradesh - 53400'1 .

...Respondents

Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to call for records relating to CC.No.13001381201T on the file of theXll Additional Chief Metropolitan Magistrate, Hyderabad at Nampally, registeredU1s.420, 468, 471, R/w.Sec.34 of lPC. and quash the proceedings therein againstthe Petitioner/Accused.U1s.420, 468, 471, R/w.Sec.34 of lPC. and quash the proceedings therein againstthe Petitioner/Accused.

1. A. NO: 2 OF 2023

Petition under section 482 of cr.p.c praying that in the circumstancesstated in the Memorandum of Grounds of criminal petition, the High court maybe pleased to stay all further proceedings in cc.No.1300139t2017 on the file ofthe xll Additional chief Metroporitan Magistrate, Hyderabad at Nampally,registered u1s.420, 468, 471, Rr/w.sec.34 of lpc against the petitioner/Accused.the xll Additional chief Metroporitan Magistrate, Hyderabad at Nampally,registered u1s.420, 468, 471, Rr/w.sec.34 of lpc against the petitioner/Accused.

l.A. NO: 3 OF 2023

Petition under Section 320(6) of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to [permit ]the petitioner to compromise the case inCC.No.1300'13Bl2O17,daled13lO4l2017onthefileof Xll Addl. Chief MetropolitanMagistrate, Hyderabad at Nampally, in the interest of [justice.]be pleased to [permit ]the petitioner to compromise the case inCC.No.1300'13Bl2O17,daled13lO4l2017onthefileof Xll Addl. Chief MetropolitanMagistrate, Hyderabad at Nampally, in the interest of [justice.]

t.A. NO: 4 OF 2023

Between:

Samarla Venkata Lakshmi Sai Ranga Rao, S/o.Samarla Koteswara Rao,aged about 44 years, Occ- Business, No.22-C-9-12, Badeti Vari Street, Eluru,West Godavari, Andhra Pradesh - 534001

...Petitioner/Respondent No.2/ Defacto Complainant

AND

'1 . The State of Telangana, Through SHO, Central Crime Station, Hyderabad,TS. Represented by its Public Prosecutor, High Court for the State ofTelangana.TS. Represented by its Public Prosecutor, High Court for the State ofTelangana.

... Res ponde nURes ponde nt

2. Gundluri Srinivas, S/o. Late Venkateshwara Rao, aged about 57 years, Occ-Business, No 10-2-289156, Shanthi nagar, Masab tank, Hyderabad, TS -500028.Business, No 10-2-289156, Shanthi nagar, Masab tank, Hyderabad, TS -500028.

...RespondenUPetitioner/Accused

Petition under Section 320(2) ot Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to quash the CC.No.130013812017, dated 1310412017 on the fite of X[Addl. Chief Metropolitan Magistrate, Hyderabad at Nampally, by compounding theoffence in terms of compromise in the interest of [justice.]be pleased to quash the CC.No.130013812017, dated 1310412017 on the fite of X[Addl. Chief Metropolitan Magistrate, Hyderabad at Nampally, by compounding theoffence in terms of compromise in the interest of [justice.]

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments ofSri C.H. JAYAKRISHNA, Advocate for the Petitioner and the Public Prosecutor onbehalf of the Respondent No. and Smt. KOWLUR ARCHANA, Advocate for theRespondent No.2.

The Court made the following: COMMON ORDER

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THE HON'BLE SMT. [JUSTICE ][T. ][MADHAVI ][DEVI]I.A.Nos.3 an[d.4 ][of2o23]in/andCRIMINAL PETITI[ON ][No.l][ 2077 ][of ][2023]

coMMON ORDER:

It is submitted by [learned ][counsel ][for ][the]

accused and [respondent ][No ]['2 ][I ][de ][facto]petitioner/ that [during ][pendency ][of ][the ][present ][Crimina-l]complainant Petition, the [parties ][have ][compromised ][the ][matter ][and]accordingly, I.A.Nos.3 [and ][4 ][of ][2023 ][have been ][f,rled ][to]record the compromise [between ][them ][and ][to compound ][the]alleged offences.

2. Vide order [dated ][08.12'2023 ][in Crl ][Petition]No.l2O77 of 2023, [this ][Court ][directed ][the ][parties ][along]with their respective [counsel ][to ][appear before ][the]Secretar5r, High [Court ][Legal ][Services ][Committee, ][High]Court for the [State ][of ][Telangana, Hyderabad' ][for]identification and [to ][submit ][a ][report']

Pursuant to the to the the [[above ]][[said direction issued ][by ][this]][[by ][this]][[this]]

3. Pursuant to the to the the [[above ]][[said direction issued ][by ][this]][[by ][this]][[this]]Court, the Secretary, [High ][Court ][Legal Services ][Committee']has identified the [parties ][ald ][submitted ][a ][report' ][dated ]--16.12.2023 and the [same ][is ][placed on ][record']

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4. In view of the above, I.A.Nos.3 and 4 of 2O23 arcallowed. Consequently, this Criminal petition is allowedand tlre proceedings in C.C.No.13OO13g of 2OlZ pendingon the file of the XIIAdditional Chief MetropolitanMagistrate, Hyderabadat Nampally, against thepetitioner/ accused are hereby quashed subject to theirpayrng an amount of Rs.5,000/_ (Rupees Five ThousandOnly) to the Director, Sainik Welfare, Hyderabad (SavingsA/c.No.52 188926229, State Bank of India, ShantinagarBrarrch (2OO7O), IFSC Code: SBINOO2O07O, MICRNo.500OO4O57) and Rs.5,000/_ (Rupees Five ThousandOnly) to the Telangana High Court Advocates Association,Hyderabad, within a period of two (02) weeks from todayald file proof of the same before the Registry.

Miscellaneous applications, if any pending, shallstand closed.stand closed.

Sd/- C. PRAVEEN KUMARASSISTANT REGISTRARl\-.',V/

//TRUE COPY//

SECTION OFFICER

1. The Xll Additional Chief Metropolitan Magistrate, Hyderabad at Nampally

2. The Station House Officer, CCS Police Station, Hyderabad [OUT]

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

4. One CC to Sri. C.H. JAYAKRISHNA, Advocate [OPUC]

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5. One CC to Smt. KOWLUR ARCHANA, , Advocate tOpUCI

6. Two CD Copies

PSR

Along with a copy of Joint Memo of Compromise NOTE: Amount paid by SRl. C.H. JA'A KRS,HNA, Counsel for the petitionertowards Costs of Rs. 5,000i- (Rupees Five thousand only) directedby the Hon,ble Court, dated 29.12.2023 to the Director, SainikAmount paid by SRl. C.H. JA'A KRS,HNA, Counsel for the petitionertowards Costs of Rs. 5,000i- (Rupees Five thousand only) directedby the Hon,ble Court, dated 29.12.2023 to the Director, SainikWelfare, Hyderabad (Savings A,/c.No.5218g926279, State Bank oflndia, Shantinagar Branch (2OO7O),IFSC Code: SB,NOO2O070, IUICRNO.5OO0O4O57 and an amount of Rs.5,000A and filed Memo ofProof of Compliance USR.No.6094 of 2024 dated:23.01 .2024lndia, Shantinagar Branch (2OO7O),IFSC Code: SB,NOO2O070, IUICRNO.5OO0O4O57 and an amount of Rs.5,000A and filed Memo ofProof of Compliance USR.No.6094 of 2024 dated:23.01 .2024

NOTE: Amount paid by SRl. C.H. JAYA KRSIHNA, Counset for the petitionertowards Costs of Rs. 5,0001 ( Rupees Five thousand only) directedby the Hon'ble Court, dated 29.12.2023 to the Telangana High Courttowards Costs of Rs. 5,0001 ( Rupees Five thousand only) directedby the Hon'ble Court, dated 29.12.2023 to the Telangana High CourtAdvocates Association, Hyderabad and an amount of Rs.5,000/_and filed Memo of proof of Compliance USR.No. 6094 ot 2O24dated:23.01.2024and filed Memo of proof of Compliance USR.No. 6094 ot 2O24dated:23.01.2024

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HIGH COURT

TMD, J

DATED:2911212023

COMMON ORDER

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l.A.Nos.3 AND 4 OF 2023IN/ANDCRLP.No.12077 of 2023

ALLOWING OF THE CRIMINAL PETITION.

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IN [THE ][HIGH ][COURT FOR ][THE ][STATE OF ][TELANGANA ][AT]

HYDER,ABADoF [2023]1.A.NOrnoF [zo73]

CRL.P.No'

BEIWEEN:

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....RespondenVPetitioner/Accused

]OINT [MEMO]

MaY [it ]Please [Your][ lordshiP,]

t. ltsubmitted [that][ I ][have ][given ][a Complaint ][dt ][16/12/2008]bad, [against ][the ][petitioners herein ][(Sole]before [the ][PS ][CCS' ][HYdera]ed [a ][FIR ][vide ][CC'No'304 ][of ][2008']Accused) [and ][Police ][register]Accused [hereln]ResPondent/Petitioner/dt.30/12/20208' [against ][the]"/

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for Offences punishable Under Sec. 420,468,421, R/w.Sec.34 ofIPC and later the said police have filed charge sheet videcc.No.1300138/2017, dated L310412017 0n the fite of Hon,ble xIIAddl. Chief Metropolitan Magistrate, Hyderabad at Nampally.

2. I submit that with the intervention of the well wishers andelders of the both partics, we have setued the matter amicably outof the court. That due to the said reasons, I came forward towithdraw the complaint for which I am also exe.cuted an Affidavitstating that I am ready to withdraw the above said case.

3. it is submitted that the matter is setued out of the couG Iam ready to withdraw the case against the petitioners consideringall the above circumstances this Hon,ble Court may be pleased toquash the proceedings in CC.No.1300138/ 2017, dated BlO4/2017on the file of Hon'ble Xn Addl. Chief Metropolitan l4agistrate,Hyderabad at Nampally, otherwise the peutioners and their familymembers will suFfer irreparable loss.

It is therefore prayed that this Hon,ble Court may be pleasedto record the compromise statement and quash theCC.No.1300138/2017, dated L3lo4l20t7 on the fite of Hon,bte XIIAddt. Chief Metropotitan Magistrate, Hyderabadat Nampally, in the interest oF [justice and ][pass ][such ][other order or orders ][may oeertr ][rrL]and proper [in the ][circumstances ][of the ][case']

Hence, this loint [Memo]HyderabadDA7E.221t112073h-?y PetitionerCounsel [for ][Petitioner/Defacto ][Complaianant](6Yuv'tCounsel [for ][[esPondent/Accused]