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Peddanaboina Rajender SaiKishore , Sai Kishore , Babu, v. The State of Telangana

Telangana High Court
Feb 16, 2023

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HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THURSDAY, THE SIXTEENTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 1635 OF 2023

Between:

Peddanaboina Rajender SaiKishore @ Sai Kishore years, Occ. Business, (Arrow Driving School, R/o.H.No.18-369, Street No.6, Mallikarjuna Nagar, M

AND

@ Babu, S/o.Rajender, age 34 Goutham Nagar, Malkajgiri), alkaajgiri, Secunderabad. ...PETITIONER/ACCUSED

1. The State of Telangana, Rep.by the Public Prosecutor, At High Court Buildings, Hyderabad.

2. Kum. Kankipati Satya Pavani @ Pavani, D/o.Venkata Ramana, Age 24 years, Occ. Pvt. Employee, R/o. H. No 1 2- 1 -1 1 1 I I 221, lVlirzalaguda, Malkajgiri N/oMarkipuramVi,ase,Ra joruY.fl

Lt8ly-"sLR?isE?lB'i3td-iiLsi?ir"ANr

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 quash the proceedings against the petitioner / accused S.C.No.903 of 2022 on the file of the on the file of the I Additional District and Sessions Judge- cum-Additional Family Court Medchal Malkajgiri District at lvlalkajgiri and pass such other order or orders as this Hon'ble Court may deem fit proper in the circumstances of the case.

l.A. NO: 1OF 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 including the appearance of the petitioner / Accused in S.C.No.903 of 2022 on the file of the on the file of the I Additional District and Sessions Judge-cum-Additional Family Court lrledchal Malkajgiri District at Malkajgiri pending disposal of the above Crl.P. and pass such other order or orders as this Hon'ble Court may deem fit proper in the circumstances of the case.

l.A. NO: 3 OF 2023

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 record the compromise by quashing the proceedings in S.C.No.903 of 2022 on the file of the on the file of the I Additional District and Sessions Judge-

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cum-Additional Family court, Medchal Malkajgiri District at lVlalkajgiri in view of the compromise between the petitioners and respondents No.2.

l.A. NO: 2 OF 2023

Between:

Kum.l(ankipati satya Pavani @.

pa-vani, D/o.Venkata Ramana, Age 24 years, occ. Pvt. Emptoyee, Rl'o.U.trtotz-it119t221 , tr,tirzatigJta, tutatkalgiri-N7oiltl.iilp,i;.n Village, Rajotu Mandat, West Godavari OiitriCt, A.FISiate.

...PETIT]ONER/RESPONDENT /DEFACTO COMPLAINANT

AND

'l . Peddanaboina Ra.iender SaiKishore @ Sai Kishore @ Babu, S/o.Rajender, ?gg. q4 years, Occ. Business, (Arr6w Driving Scn-ool-Cduttr;.''Nil;r, Malkajgiri),. Rl/o.H.No.18-369, Strder ruo.0, Hlatifarp"; Nrg*, M;rr

2 llg_Sllt-" of Telangana, Rep.by the pubtic prosecutor, At High Court truttdlngs, Hyderabad. ...RESPONDENT/RESPONDENT

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-ue pleased to permit the petitioner herein to compromise / compoun"d tne matei 'witn the respondent No.2 in sc No.903 of 2022 on eth fire of the r Additionar District

and Sessions Judge -cum-Additionar Family court, Medchar, Marka.igiri Districi at Malkajgiri filed in F.r.R.No.452l2020 of Markajgiri p.s. '"Racnatonoa commissionerate dated 1 51o5t2020.

^ This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of criminar Petition and upon hearing the arguments of Sri B_CHANDRA SHEKAR REDDY, Advocate for the petitioners and of the Additionar pubric

Prosecutor (TG) on beharf of the Respondent No.1 and of None Appeared for ihe

Respondent No.2.

The Court made the following: ORDER

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Crl.Petition No.1535 of 2023

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION Xa.IGI5 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, L973 (for short 'Cr.P.C.) to quash the proceedings against the petitioner / accused in S.C.No. 903 of 2022 on the file of I Additional District and Sessions Judge-cum-Additional Famif Court, Medchal-Malkajgiri District at Malkajgiri. The offences alleged against him are under Sections 417, 420, 493,376(2)(n) of Indian Penal Code (for short'I.P.C').

2. Heard. Perused the record.

3. The petitioner and the respondent No.2 have approached this Court seeking direction from this Court to compound the offence under Section 376 of Indian Penal Code. When questioned, the learned counsel for the petitioner submits that there are no terms of agreement which have been entered into for affecting the compromise. Since, the offence is under Section 376(2)(n), this Court is not inclined to accept the prayers for compounding the

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I

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Crl.Petition No.1635 of 2023 offence. The parties can work out their remedies before the trial Court.

4. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.

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Sd/-MOHD.SANAULLAH ANSARI

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To

'1 . The XVll Additional Metropolitan Magistrate' Cyberabad, at Malkajgiri' Medchal District.

z. in" st"ilo" House Offlcer, Malkajgiri Police Station, Rachakonda District.

5. i;; aE; no thJ pubtic prosecutoi-(TS), High Court for the State of Telangana at Hyderabad (OUT)

a one'Cc to sri'a.Cnindra Shekar Reddy, Advocate [OPUC] 5.Two CD CoPies

Kj

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HIGH COURT

DATEDt1610212023

ORDER

CRLP.No.1635 ot2023 I \itj

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t 41- \'\ a !1 7 *

CRL.P. IS DISPOSED OF.

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