Pole Sunitha, v. The State Of Telangana,
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
[3385j HIGH COURT FOR 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 Between
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.
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. . . . Petitioners/Accused No.2 & 4 AND
1. The State of Telangana,, Through the SHO, p S Abdullamet, Rep. bv public Prosecutor, High Court of Telangana, At Hyderabad.
2. D. Moin Baba, @ Jeevan Kumar (Notices to R2 is not necessary as he died on 14.01.2019) ...RespondenUDefacto Complainant Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of crimina-l petition, the High Court may be pleased to quash the C.C. No. 73 of 2O2l , and all criminal proceedings pending in its pursuance before the Hon'ble XIV Additional Judicial Magistrate Of First Class.
l.A. NO: 1 OF 2024 lN CRL.P.NO.15827 0F 2024: Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of crimina-l petitaon, the High 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 Judicial Magistrate of First class, against the Petitioners herein, pending disposal of the above Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of sri B RAJESHWAR REDDY, Advocate for the Petitioners and sri VEERAMALLA JITHENDER RAo, the Additional Public Prosecutor on behalf of the Respondent No.'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 of 2O2l ort thc filc of thc learned XIV Additional Judicial Magistrate 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 counsel appearing on behalf ol the petitioners as well as Sri Veeramalla Jithcnder Rao, learned Additional Public Prosecutor appearing on behalf of the regpondent -State. 3.
lrarned counsel for the petitioner submitted that the defacto complainant, who alleged forgew of his title deed, passed awav on 14.01.2O 19. During his lifetime, he compromised with the petitioners on O5.O6.2O18, withdrawing his civil suit and acknowledging . the petitioners' title to the property. He further submitted that the complainant had also
suted his intention to withdrarv the criminal case ln a memoran<lumofunderstanding.Giventhecivilnatureofthe transactions 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 L lack of evidence and an interested complainant' Therefore' he prayed the Court to quash the proceedings against the petitioners by allowing this criminal petition' On the other hand' leamed Additional Public Prosecutor submittedthatthesuitrvascompromisedbetweentheparties and the compromise was also recorded' therefore' he prayed the Court to pass appropriate orders'
5.
In the light of the submissions made by both the 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,
*.-P continuation of proceedings against the petitioners' amounts to an abuse o[ the leg:rl process. Therefore, the proceedings against the petitionors are liable to be quashed. 6.
Accordingly, this Criminal Petition is allowed and the proceedings against the petitioners in C.C.No.73 of 2O2 | on the file of the learned XIV Additional Judicial Magistrate of First Class, Hayathnagar, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed.
Sd/. P. PADMANABHA REDDY ASS REGISTRAR //TRUE COPY// S CTION OFFICER To,
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 La s HC , ( J o a 2B JA iI 2m5
ORDER
i ai CRLP.No.15827 of 2024 .C P4ICtl ACCORDINGLY, THIS CRIMINAL PETITION IS ALLOWED cop(4 e() rtrr'