Telangana High Court
CRLP/9027/2022 of Maratha Rahul Rao Rahul Vs The State of Telangana on 29 December 2022
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENW NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K,SURENDER CRIMINAL PETITION NO: 9027 OF 2022 Between: AND 1 Maratha Rahul Rao @ Rahul, S/o Maratha Prakash Rao, Aged about 22 yrs,
IN THE HIGH [COURT ][FOR ][THE STATE OF ][TELANGANA]AT HYDERABAD
THURSDAY, THE TWENW [NINTH ][DAY ][OF DECEMBER]
TWO THOUSAND [AND TWENTY TWO]
PRESENTTHE HONOURABLE SRI [JUSTICE ][K,SURENDER]
CRIMINAL PETITION NO: [9027 OF ][2022]
Between:
Maratha Rahul Rao @ Rahul, [S/o ][Maratha Prakash Rao, Aged about ][22 ][yrs,]Occ.Private Employee, R/o [Plot ][No.76/1, ][Balaji ][Nagar, ][Guddimalkapur,]Hyderabad
...pETrroNER/AccusED
AND1The State of Telangana, through [Public Prosecutor, havlng office ][at ][High ][Court,]Hyderabad.1The State of Telangana, through [Public Prosecutor, havlng office ][at ][High ][Court,]Hyderabad.
2Chandamala Chittamma, [W/o Chandamala Nagaraju, Occ.Labour, R/o House]inside Jyothi Nagar Park, [Langer House, Hyderabad, native of Nagakuru Village,]Kotkur Mandal, Kurnool District.inside Jyothi Nagar Park, [Langer House, Hyderabad, native of Nagakuru Village,]Kotkur Mandal, Kurnool District.3Chandamala Sharanya, [W/o Maratha Rahul ][Rao, ][Aged about ][19 ][years,]Occ.Housewife, R/o Plot No.76/1, [Balaji Nagar, Guddimalkapur. Hyderabad.]Occ.Housewife, R/o Plot No.76/1, [Balaji Nagar, Guddimalkapur. Hyderabad.]
...RESPONDENT/COMPLAINANTS
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 call for the entire records relating to [C.C NO. ][403 ][of ][2021 ][on the ][file of ][the ][Xll]Additional Metropotitan Sessions Judge [at Hyderabad and quash the same]
l.A. NO: 2 OF 2022
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 all further [proceedings ]in [C.C ][NO ][403 of ][2021 on ][the file ][of ][the ][Xll ][Addl.]Metropolitan Sessions Judge, at Hyderabad LA. NO: 4 OF 2022
1. Chandamala Chittamma, W/o Chandamala [Nagara.ju, ][Occ.Labour, R/o House]inside Jyothi Nagar Park, Langer [House, Hyderabad, native of Nagakuru Village,]Kotkur Mandal, Kurnool District.inside Jyothi Nagar Park, Langer [House, Hyderabad, native of Nagakuru Village,]Kotkur Mandal, Kurnool District.
2. Chandamala Sharanya, W/o Maratha [Rahul ][Rao, ][Aged about ][19 ][years,]Occ.Housewife, R/o Plot No.76/1, [Balaji Nagar, Guddimalkapur. Hyderabad]Occ.Housewife, R/o Plot No.76/1, [Balaji Nagar, Guddimalkapur. Hyderabad]
.-.PETITIONER/COMPLAINANT
AND
1. The State of Telangana, through Public Prosecutor, having office at High Court,Hyderabad.Hyderabad.
2. Maratha Rahul Rao @ Rahul, S/o Maratha Prakash Rao, [Aged ]about [22 ][yrs,]Occ.Private Employee, R/o Plot No.76/1, Balaji Nagar, Guddimalkapur,Hyderabad.Occ.Private Employee, R/o Plot No.76/1, Balaji Nagar, Guddimalkapur,Hyderabad.
...RESPONDENTS
Petition under Section 482 of Cr.P.C [praying ]that in the circumstances statedin the Memorandum of Grounds of Criminal Petition,the High Court may be [pleased]to allow to the [petitaoner ]/Respondent No. 1 to enter into compromise with the Respondent NO. 2 in FIR [No. ]49 of [IOIO]C-C No. ][403i2021 ][on the file of ][the ][Xll]Addl- Metropolitan Sessions [Judge, at Hyderabad and quash the same]
This Petition coming on for [hearing, ]upon [perusing ][the ][Memorandum ][of]Grounds of Criminal Petition and [upon hearing ][the ][arguments ][of Sri ][Mohammad]Adnan, Advocate for the Petitioner and [the Sri ][S.Sudershan, ][Additional ][Public]Prosecutor on behalf.of the [Respondent ][No.1 ][and ][of ][Sri ][Shaik Abdul ][Khader,]Advocate for the Respondent [Nos.2 ][& ][3]
The Court made the following: [ORDER]
I
HON'BLE SRI JUSTICE K.SURENDERCRIMINAL PETITION No.9O27 oF Zo22
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ORDER:
1. This Criminal Petition is filed to quash the proceedingsagainst the petitioner/accused in S.C.No.4O3 of 2O2l on thehle of XII Additional Metropolitan Sessions Judge atHyderabad on the ground of compromise.
2. The case against the petitioner is that the 3.a respondentvictim girl was aged around 17 years. The petitioner came intocontact with her and to fulfill his sexua-l desire waited for anopportunity and committed sexual assault on the victim girlon the pretext of marriage. On 04.O1.2O2O,the members of thehouse went to their native place leaving the 3.drespondent/victim girl alone in the house. The petitionerallegedly went to her house and had sex with her. Later, thepetitioner started avoiding the victim girl, for which reason,complaint was hled.
3. The police, having registered the crime, investigated andfiled charge sheet for the offence under Section 376(21(nl of IPC and Section 5(l) r/w Section 6 of protection of Childrenfrom Sexual Offences Act,2012.
4. Learned counsel for the petitioner submits that theparties have compromised and already married. Both of themapproached this Court seeking permission to quash theproceedings. Since no useful purpose would be served whenthe victim was going to turn hostile to the prosecution case inthe trial, the case can be quashed under the inherent powersof this Court.
5. The offence of rape and that too of a minor girl is aserious offence and cannot be quashed on tfte ground ofcompromise even though the petitioner and the victim girl aremarried in the present facts.. The atleged incident had takenplace when the victim girl was minor during the year 2O2O andthe crime was registered on 27.O2.2O20. T\nro years thereafter,the petitioner married the victim girl. Apparently-, one of thereasons for marriage appears to be pendency of criminalprosecution. For the reasons of pre offence being serious in l \
nature, [this ][Court ][is ][not ][inclined ][to][ accept ][the ][comPromtse]and [accordingly' the ][petition ][cannot ][be ][entertained']6. [Learned ][XII ][Additional ][Metropolitan ][Sessions ][Judge']Hyderabad [is ][directed ][to ][take the ][trial ][of ][the ][case ][and ][examine]L.Ws.t [a$d ][2'who ][are ][the mother and the ][victim' ][Since ][the]parties [have already compromised and ][in ][the ][event ][of ][hostility]of the [mother ][and ][the victim ][girl' ][there would ][be ][no ][necessity]to examine [the ][other ][witnesses' ][Learned ][Sessions ][Judge ][can]order [acquittal ][of ][the petitioner/accused ][under ][Section ][232 ][of']Cr.P.C.
7. [With ][the ][above ][observations' ][the ][Criminal ][Petition ][is]disposed [off. As a sequel ][thereto' ][miscellaneous ][applications' ][if]
[shall stand ][closed']any Pendingany Pending sdl-N'SFIHARIASSISTANT [REGIFTRAR]--v,.SECTION [OFFICER]
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1o. The Secretary, Advocates Association (AP) Library, High CourI Building12.One CC 1 1 . One CC to to Shaik AbdulSri Mohammad Adnan Khader, Advocate , Advocate pPUCI[OpUcl14. 13.Two CCs TwoHyderabad.to the[our] PublicProsecutor, High Court for ihe State of Telangana at a HIGH COURT
DATED:29112t2o22
ORDERCRLP.No-9021 of 2022
,t1v,+S.?*,}r'.Y.a)\s"o\lllli.??+I,f(-),-$t\al-!!,\-'Ctt.i DISPOSING [OF ][THE ][CRIMINAL PETITION]
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