Gundluri Srinivas v. The State Of Telangana

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 HONOURABLE SMT JUSTICE T.MADHAVI DEVI I.A.N os.3 AND 4 0F 2023 IN/AND CRIMINAL PETITION NO: 12077 OF 2023 Between:

Gundluri Srinivas, S/o. Late Venkateshwara Rao, aged about 57 years, OccBusiness, Ryo 10-2-289/56, Shanthi nagar, Masab tank, Hyderibad, TS - 500028.

... Petitioner/Accused AND

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

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 .

...Respondents

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 records relating to CC.No.13001381201T on the file of the Xll Additional Chief Metropolitan Magistrate, Hyderabad at Nampally, registered U1s.420, 468, 471, R/w.Sec.34 of lPC. and quash the proceedings therein against the Petitioner/Accused.

1.A. NO: 2 OF 2023 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 cc.No.1300139t2017 on the file of the xll Additional chief Metroporitan Magistrate, Hyderabad at Nampally, registered u1s.420, 468, 471, Rr/w.sec.34 of lpc against the petitioner/Accused. I

l.A. NO: 3 OF 2023 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 petitioner to compromise the case in CC.No.1300'13Bl2O17,daled13lO4l2017onthefileof Xll Addl. Chief Metropolitan Magistrate, 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 of Telangana.

... Res ponde nURes ponde nt

2. Gundluri Srinivas, S/o. Late Venkateshwara Rao, aged about 57 years, OccBusiness, 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 circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the CC.No.130013812017, dated 1310412017 on the fite of X[ Addl. Chief Metropolitan Magistrate, Hyderabad at Nampally, by compounding the offence 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 of Sri C.H. JAYAKRISHNA, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. and Smt. KOWLUR ARCHANA, Advocate for the Respondent No.2.

The Court made the following: COMMON ORDER

THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI I.A.Nos.3 and.4 of2o23 in/and CRIMINAL PETITION No.l 2077 of 2023 coMMON ORDER:

It is submitted by learned counsel for the petitioner/ accused and respondent No '2 I de facto complainant that during pendency of the present Crimina-l 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 tI identification and to submit a report'

3.

Pursuant to the above said direction issued by 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'

t :a- .::l

4. In view of the above, I.A.Nos.3 and 4 of 2O23 arc allowed. Consequently, this Criminal petition is allowed and tlre proceedings in C.C.No.13OO13g of 2OlZ pending on the file of the XII Additional Chief Metropolitan at Nampally, against the Magistrate, Hyderabad petitioner/ accused are hereby quashed subject to their payrng an amount of Rs.5,000/_ (Rupees Five Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings A/c.No.52 188926229, State Bank of India, Shantinagar Brarrch (2OO7O), IFSC Code: SBINOO2O07O, MICR No.500OO4O57) and Rs.5,000/_ (Rupees Five Thousand Only) to the Telangana High Court Advocates Association, Hyderabad, within a period of two (02) weeks from today ald file proof of the same before the Registry. Miscellaneous applications, if any pending, shall stand closed.

Sd/- C. PRAVEEN KUMAR ASSISTANT REGISTRAR \ l\-.'

,V / SECTION OFFICER To, //TRUE COPY//

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 at Hyderabad [OUT]

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

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 petitioner towards Costs of Rs. 5,000i- (Rupees Five thousand only) directed by the Hon,ble Court, dated 29.12.2023 to the Director, Sainik Welfare, Hyderabad (Savings A,/c.No.5218g926279, State Bank of lndia, Shantinagar Branch (2OO7O),IFSC Code: SB,NOO2O070, IUICR NO.5OO0O4O57 and an amount of Rs.5,000A and filed Memo of Proof of Compliance USR.No.6094 of 2024 dated:23.01 .2024 NOTE: Amount paid by SRl. C.H. JAYA KRSIHNA, Counset for the petitioner towards Costs of Rs. 5,0001 ( Rupees Five thousand only) directed by the Hon'ble Court, dated 29.12.2023 to the Telangana High Court Advocates Association, Hyderabad and an amount of Rs.5,000/_ and filed Memo of proof of Compliance USR.No. 6094 ot 2O24 dated:23.01.2024 \ \.}l-

.J HIGH COURT TMD, J II DATED:2911212023 COMMON ORDER l{E STAIt.

e l.A.Nos.3 AND 4 OF 2023 IN/AND CRLP.No.12077 of 2023 Joo ,tA\ 202f o -b sparcH (.O * * OE ALLOWING OF THE CRIMINAL PETITION.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDER,ABAD / 1.A.NO oF 2023 oF zo73 rn ,f CRL.P.No'

BEIWEEN:

- -,^ /^ra<wAra '*#,$Jr***rii'i3i'#':il:;r#'{"i:'iln Complainant "'PetiIoner//RespondenVDefacto AND '

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: ":::-] Resp. nden, ':;.:.3"',,:J":riii:;f #;?H1;lii[H:;l'%s3i":^. ....RespondenVPetitioner/Accused ]OINT MEMO MaY it Please Your lordshiP, submitted that I have given a Complaint dt 16/12/2008 t.

lt bad, against the petitioners herein (Sole before the PS CCS' HYdera ed a FIR vide CC'No'304 of 2008'

Accused) and Police register ResPondent/Petitioner/ Accused hereln dt.30/12/20208' against the "/ l'"*:>.

I\) for Offences punishable Under Sec. 420,468,421, R/w.Sec.34 of IPC and later the said police have filed charge sheet vide It cc.No.1300138/2017, dated L310412017 0n the fite of Hon,ble xII ,/ Addl. Chief Metropolitan Magistrate, Hyderabad at Nampally. 2.

I submit that with the intervention of the well wishers and elders of the both partics, we have setued the matter amicably out of the court. That due to the said reasons, I came forward to withdraw the complaint for which I am also exe.cuted an Affidavit stating that I am ready to withdraw the above said case. 3.

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

It is therefore prayed that this Hon,ble Court may be pleased to record the compromise statement and quash the CC.No.1300138/2017, dated L3lo4l20t7 on the fite of Hon,bte XII Addt. Chief Metropotitan Magistrate, Hyderabadat Nampally, in the I r-* \,, ,/*--1 /

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 Hyderabad DA7E.221t112073 y h-?

Counsel for Petitioner/Defacto Complaianant Petitioner ( uv'

Counsel for [esPondent/Accused 6Y t