Sri Naveen Kumar v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY,THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SMT JUSTICE T.MADHAVI DEVI t.A. NOS. 2 AND 3 0F 2023 IN/AND CRIMINAL PETITION NO: 12035 OF 2023 Between:
Sri Naveen Kumar, S/o. Lingaiah, Age.29 years, Occ. Pvt. ernployee, R/o. H. No. 37-621129, Road No.7, South end park , Manusarabad, RR Dist. Hyderabad. PlN. 500068. cell.No.970501 2817 . Emall l. D snk493@gmail.com ...PETITIONER/ACCUSED No.1 in Crl.P. and l.A.No. 2 oI 2O23 AND
1. The State of Telangana, rep by lt's Public Prosecutor. High Cou( of Hyderabad.
2. Smt. Sundari Sushma, Wo. Naveen Kumar, Age.26 Years, Occ: House hold, R/o. presently at Cheekatigudem village, Kethaplly Mandal. Nalgonda District,.
...RESPONDENT/ DEFACTO COMPLAINANT in Crl.Petition and l.A.No. 2 of 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 records pertin to the C.C. NO. I14 OF 2023 on the file of the SPL Judicial First Class Magistrate Prohibition and Excise Court at Nalgonda and quash the same as abuse of process of law.
l.A. NO: 2OF 2023 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,lhe High Court may be pleased to send the case to Lokadalath to records the MOU Dated. 16-11-2O23 between the parties for closer of the case i.e. Final Repo( in C.C. NO. 114 OF 2O23 on the file of the SPL Judicial First Class Magistrate Prohibi{ion and Excise Court at Nalgonda .
I,l a I.A. NO: 3 OF 2023 Between:
Smt. Sundari Sushma, Wo. Naveen Kumar, Age. 26 years, Occ: House hold, R/o presently at Cheekatigud_em village, Kethaplly Mandal. Nalgonda District,. . _ ..Petitioner / Respondent No. 2 / De-facto Complainant And
1. Sri Naveen Kumar, S/o.
No. 3-7-621129, Road Hyderabad. P|N.500068 ce||.No.9705012817. Email LD :,,,(.i-,, Lingaiah, Age. 29 years, Occ. Pvt. employee, R/o. H_ No.7, South end park Manusarabad, RR Dist.
lrl:irr "a il PetitionersiAccused No. 1 No.l Ii The State of Telangana, rep. by it's public prosecutor. High Court of Hyderabad.
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 record the terms of the compromise Dated. 16-11-2021 and quash the c.c No- 114 oF 2023 on the fire of the SpL Judicial First class lviagistrate Prohibition and Excise Court at Nalgonda l.A. NO: 1OF 2023 Petition under Section 482 o,t Cr.p.C praying that in the circumstances staled in the Memorandum of Grounds of criminal petition,the High court may be pleased to dispense with certified copy of , i.e. Final Report in C.C NO 11i OF 2023 on the file of the sPL Judicial First class lvlagistrate prohibition and Excise Court at Nalgonda before this Hon'ble Court.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B. CHANDRASHEKAR REDDY ,Advocate for the petitioner in crl.petition and l.A.No. 2 of 2023 and Respondent No.1 in LA.No. 3 of 2023 and of the public Prosecutor on behalf of the Respondent No.1 in crl.petition and LA.No. 2 ot 2023 and Respondent No.2 in l.A.No. 3 of 2023 and of Sri G.L. Narasimha Rao, Advocate for the Respondent No. 2 in crl.petition and l.A.No. 2 of 2023 and Petitioner in I.A.No. 3 of 2O23 The Court made the foltowing COMMON ORDER:
)/ THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI I.A.Nos.2 &3of 2023 in/and cRIMINALPETITION No.12035 of 2O23 COMMON ORDER:
It is submitted by learned counsel for the petitioner/ accused No. 1 and respond ent No.2 / de facto complainalt that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, I.A.Nos.2 & 3 of 2023 have been filed to record the compromise dated 16.11.2023 between them and to quash the C.C.No.114 of 2023 on the hle of the Special Judiciat First Class Magistrate (Prohibition and Excise Court), Nalgonda.
2. Vide order dated 07.12.2023 in Crl. Petition No.12035 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 identifrcation and to submit a reportt 3.
Pursuant to the above said direction issued by this Court, the Secretar5r, High Court Legal Services Committe!t-.--,
* has identified the parties and submitted a report, dated L3.12.2023 ald the same is placed on record.
4.
In view of the above, I.A.Nos.2 & 3 of 2023 arc allowed. Consequently, this Criminal petition is allowed and the proceedings in C.C.No. ll4 of 2023 on the file of the Special Judicia,l First Class Magistrate (prohibition and Excise Court), Nalgonda, against the petitioner/ accused No.1 are hereby quashed subject to their paying arr amount of Rs.S,OOO/- (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No. 52 1 8 892622 g, State Bank of India, Shantinagar Branch (2OO7O), IFSC Code: SBINOO2OO7O, MICR No.50OOO4OS7) and Rs.5,0OO/- (Rupees Five Thousand OnIy) to the Telangana High Court Advocates Association, Hyderabad, within a period of two (O2) weeks from today and file prooi of the same before the Registry.
Miscellaleous applications, if any pending, shali stard closed.
Sd/- C. PRAVEEN KUMAR, ASSISTAN\E9STRAR //TRUE COPY/I */ SECTION OFFICER To
1. The Special Judicial First Class Magistrate Prohibition and Excise Court at Nalgonda.
2. ThJstation House Officer, WPS Nalgonda Police Station, Nalgonda a. t*o CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT) + ohe cc to sRl. ri cHAToRASHEKAR REDDY, Advocate toPUCl
5. One CC to SRl. G.L. Narasimha Rao, Advocate [OPUC]
6. Two CD Copies kul \ Note: Total Amount of Rs. 10,000/- ( Rupees Ten thousand only ) has been paid by Sri B. Chandrashekar Reddy, Counsel for the Petitioner as directed by the Hon'ble i Court vide order dated 29-12-2023 as Rs. 5,0001 ( Rupees Five thousand only ) to the "Director, Sainik Welfare Hyderabad, and Rs. 5,000/- ( Rupees Five thousand only )to the Telangana High Court Advocates Association, Hyderabad and filed Memo as proof of compliance USR No. 1987 of 2023 and dated 05-01-2024
H|GH COURT TMDJ t DATED:2911212023 HE ST415 ( s JAt{ o COMMON ORDER '_) s .4, .1. .
1'i t.A. NOS. 2 AND 3 0F 2023 *.:/ -4.
'.'\2 * t OF ,9nAi IN/AND CRLP.No.12035 ot 2023 ALLOWING TI{E CRL.PETITION r/t fi \