Telangana High Court
CRLP/15827/2024 of Pole Sunitha, Vs The State of Telangana, on 31 December 2024
THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NQ:15827 OF 2024 l.A. NO: 1 OF 2024 lN CRL.P.NO.15827 0F 2024: Petition under Section 528 of BNSS Act, 2023 praying that in
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NQ:15827 OF 2024Between
1. Pole Sunitha,, Wo Jaqjrnmohan, Age 47 years, Occ. Agriculture, R/o. H. NO.3-5-7811, RTC Cotony Road, LB Nagar, Rdnga Reddy Dist.3-5-7811, RTC Cotony Road, LB Nagar, Rdnga Reddy Dist.
2. Gunti !gyr1!e1-Q/o. G. Pochaiah, Age 49 years, Occ. Business, R/o. H.NO.3-5-165/'1, RTC Cotony Road, LB Nigar, Rdnga Reddy Dist.NO.3-5-165/'1, RTC Cotony Road, LB Nigar, Rdnga Reddy Dist.
. . . Petitioners/Accused No.2 & 4AND
1. The State of Telangana,, Through the SHO, p S Abdullamet, Rep. bv publicProsecutor, High Court of Telangana, At Hyderabad.Prosecutor, High Court of Telangana, At Hyderabad.
2. D. Moin Baba, @ Jeevan Kumar (Notices to R2 is not necessary as he diedon 14.01.2019)on 14.01.2019)
...RespondenUDefacto Complainant
Petition under Section 528 of BNSS Act, 2023 praying that in thecircumstances stated in the Memorandum of Grounds of crimina-l petition, theproceedings pending High Court may be pleased in its pursuance before to quash the C.C. No. 73 the Hon'ble XIV of 2O2l Additional , and all criminalJudicialMagistrate Of First Class.proceedings pending High Court may be pleased in its pursuance before to quash the C.C. No. 73 the Hon'ble XIV of 2O2l Additional , and all criminalJudicialMagistrate Of First Class.
l.A. NO: 1 OF 2024 lN CRL.P.NO.15827 0F 2024:
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Petition under Section 528 of BNSS Act, 2023 praying that in thecircumstances stated in the Memorandum of Grounds of crimina-l petitaon, theHigh Court may be pleased to stay all fu(her proceedings in C.C. No. 73 of 2021,and all criminal proceedings pending before the Hon'ble XIV Additional JudicialHigh Court may be pleased to stay all fu(her proceedings in C.C. No. 73 of 2021,and all criminal proceedings pending before the Hon'ble XIV Additional JudicialMagistrate of First class, against the Petitioners herein, pending disposal of theabove Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments ofsri B RAJESHWAR REDDY, Advocate for the Petitioners and sri VEERAMALLAJITHENDER RAo, the Additional Public Prosecutor on behalf of the RespondentNo.'t and Respondent No.2 is Not Necessary.
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.15827 of2024
ORAL ORDER:
This Criminal Petition is tiled seeking the Court [to]quash the proceedings against the petitioners in C.C.No.73 of2O2l ort thc filc of thc learned XIV Additional JudicialMagistrate of F irst Class, Hayathnagar, registered for [the]offences punishable under Sections 419, [468 and ]471 [read]with 12O(b) of the Indian Penal Code, l86O and Section [156(3)]of Code of Criminal Procedure, 1973.
2. Heard Sri B. Raheshwar Reddy, learned counselappearing on behalf ol the petitioners as well as [Sri]Veeramalla Jithcnder Rao, learned Additional PublicProsecutor appearing on behalf of the regpondent -State.
3. lrarned counsel for the petitioner submitted that thedefacto complainant, who alleged forgew of his title [deed,]passed awav on 14.01.2O 19. During his lifetime, hecompromised with the petitioners on O5.O6.2O18, [withdrawing]his civil suit and acknowledging . the petitioners' title to theproperty. He further submitted that the complainant had also I
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suted his [intention ][to ][withdrarv ][the ][criminal ][case ][ln ][a]memoran<lumofunderstanding.Giventhecivilnatureofthetransactions [and the ][compromise between ][the ][parties' ][the]allegations [made ][prior to the ][compromise ][are ][now]infructuous, [and no ][criminal ][case ][can ][be ][proved ][against ][the]petitioners. [Moreover, ][the ][charges ][under ][Sections ][419' ][468']47O read [with ][l20B ][of ][the ][IPC cannot ][be ][sustained ][due ][to]lack of [evidence ][and an interested ][complainant' ][Therefore' ][he]the [Court ][to ][quash ][the ][proceedings ][against ][the]prayed petitioners [by ][allowing ][this criminal ][petition']
4 On the [other ][hand' ][leamed Additional Public ][Prosecutor]submittedthatthesuitrvascompromisedbetweenthepartiesand the [compromise was also recorded' ][therefore' ][he ][prayed]the Court [to ][pass ][appropriate orders']
In the [light ][of ][the ][submissions made ][by ][both ][the]5. learned [counsel ][and ][a ][perusal ][of ][the ][material ][available ][on]record, it [is ][evident ][that ][the ][petitioners' ][al'e ][attesters ][of ][the]documents, [wherein ][accused ][No' ][t ][had ][compromised ][with ][the]de facto [complainant' ][and ][the suit ][was ][decreed' ][As ][the]complainant [has ][comprornised ][q'ith ][the ][main ][accused']accusedNo.l,u,hoallegedlyforgedthedocuments, II
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continuation of proceedings against the petitioners' amountsto an abuse o[ the leg:rl process. Therefore, the proceedingsagainst the petitionors are liable to be quashed.
6. Accordingly, this Criminal Petition is allowed and theproceedings against the petitioners in C.C.No.73 of 2O2 | onthe file of the learned XIV Additional Judicial Magistrate ofFirst Class, Hayathnagar, are hereby quashed.
Miscellaneous applications, if any pending, shall alsostand closed.stand closed.
To,
//TRUE COPY//
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Sd/. P. PADMANABHA REDDYASSREGISTRAR
S CTION OFFICER
1. The Vll Metropolitan Magistrate [Cyberabad at Hayathnagar]
2. The Station House Officer, [Abuddlapurmet Police Station, Rachakonda.]
3. Two CCs to the PUBLIC [PROSECUTOR, High Court at Hyderabad. (OUT)]
4. One CC to SRI B RAJESHWAR [REDDYAdvocate ][OPUC]
s. Two CD Copies
RC/ghw
H!GH COURT
DATED: 31t1212024
1HCsLa,(7Jo2BJA iI2m5ORDERaaiCRLP.No.15827 of 2024i.CP4ICtl ACCORDINGLY, THIS CRIMINAL PETITION IS ALLOWED
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