DEVARASHETTI KIRAN v. The State of Telangana
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-12-09. DEVARASHETTI KIRAN v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO l. A. Nos. 3 and 4 ot 2O25 ln/And CRIMINAL PETITION NO: 15410 OF 202s Between: 1. Devarashetti Kiran, S/o late D. Shankaraiah, Aged about 42 years, Occupation: Private Employee, R/o. Flat No. 303, H. No. 14-1-901492, Allapur, Gayathri Nagar, Borbanda, Near Hari Har Temple, Sanathnagar lE, Hyderabad-5000'18. 2. D. Jayaprada, Wo. Shankaraiah, Aged 66 years, Occupation: Housewife, '14-1-90/492, Rl/o, Flat No. 303, H. No. Allapur, Gayathri Nagar, Borbanda, Near Hari HarTemple, Sanathnagar lE, Hyderabad-500018. ... Petitioners/Accused No. 1 & 2 AND 1 The State of Telangana, Rep by the Public Prosecutor High Court of Judicature at Hyderabad For the state of Telangana. 2 Smt. Pamu Ramya, Wo Sri. Devarashetti Kiran, Aged about 36 years, Occupation. Pvt. Employee, R/o. Sy. No.
B2, B2l1 , Surya Classic Apartment, Gajularamaram, Hyderabad-500055 ... Respondents/Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C. C. No. 518 of 2023 on the file of Hon'ble lAdditional Junior Judge-Cum-lX Additional Judicial [v'lagistrate Of First Class, Ranga Reddy District At Kukatpally against the petitioners / accused. l. A. NO: 2OF 2025 Petition under Section 528 of BNSS 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 appearance of the Petitioner/Accused No. 1 & 2 in C. C. No. 518 ot 2O23 on the file of I Additional Junior Judge-Cum-lX Additional Judicial Magistrate Of First Class, Ranga Reddy District at Kukatpally, pending disposal of the above criminal petition. 1. A. Nos. 3a nd4of 2025 I. A.
N O:3OF 2025 Between: Smt. Pamu Ramya, W/o Sri s;11#:iffl. ru[#i{*rr'j,i? "%,1[! 2itl,i",:iJJiSffi :t;"", ... Petitione r/t) ,facto Complainant AND 1. L? 0","f,',1lS,ii,rl1ilo%T? ;,? ^"j. 8{"'J,"rJ#,? Jcnprose;tor High Court of ... Respc rdenURespondent 2 Devarashetti Kiran, Sio late D. g" Rl/o. . ',J1",15:! %al5 P,. i' " fl i, ?? 3d,'. # lii#:, ",8 [3 l",f Fj i: ," Near Hari Har Temptrr. jnatf,nig;;-iE, Hyderabad-5000. 18. S ^ili8J? : ' &" : ? :? 'R X: #",: gi Near Hari I K[ : Temp ge,,? 3 ; Har i%yBiHJs: A; *,ti1:h[],. 1i, ... Respor dents/petitioners Petition under section tol of BNSS praying 9! s that in stated in the re circumstances Memorandrm ot Grourio-s 'colnprainant tr r High be pleased to permit courr may the petitione r/o"racto"ib"ri#"i'p"tition, proceedings k) compromise against ,h" *:ipgl99nv"". rrJo the to. l n"r"in irr 2023 0n the C. C No.
518 fire of Hon'bre of r AooitioJlrn]"i iris"-crr-rX Magistrate of r dditionar Judiciar First crass, Ransa R";dy ilffit r;iYr*",rr,,, l. A. NO :4 oF 2025 Petition under section tzl of BNSS praying that stated in -31s in :r e circumstances the Memorand'm or crolrio-s be preased to the High court record the compromise in criminai Jase "icriri. ]ip"tition, may vide c. c. on the fire of No. 518 0t 2023 Hon'bre l eooitionat J;;; Magistrate il;-cum-rX rrditionar of First crr:. , Judiciar irnsr-n"i,ir'oi#l, o, Kukatrr,y Respondent/accused asainst rhe No 2 inJ-Jl. J"ligi-n lpc by allowing . herein"to,. ano the present petition. luash the same This petition comir Grounds of 3u11Jl"""fl ";;r. ", ;ff;r ;i: :H;"Jft' ;l Sri Jangam Sravan ",. ,r,*, ,Advocate for the petitioners and Sr Jithender veerama'a' Rao Additionar pubric prosecutor on beharf of the Resp: -rdent No.. 1 and of Sri P Satyanand, Advocate for the Respondent No. Z. The Court made the following: COMMON ORDER IN THE HIGH COURT r.
OR THE STATE OF TELANGANA AT ITYDERABAJ) THE HONOURABLE SRI JUSTICE J. SREENTVAS RAO I. A. Nos. 3 and 4 of 2025 IN AND CRIMINAL PETITION No . 15410 of2o25 Datez 09. 12. 20. 25 Betwe en: Devarashetti Kiran and another .... Petitioners/Accused Nos. l and 2 AND The State of Telangana, represented by its Public Prosecutor and another. . Responden ts COMMON ORDER: This Criminal Petition has been filed by the petitioners/accused Nos. 1 and 2, seeking to quash the proceedings in C. C. No. S18 of 2023 on the file of the I Additional Junior Civil Judge cum IX Additional Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally. 2. Heard Mr. J. Sravan, learned counsel for the petitioners, Mr. V. Jithender Rio, learned Additional pubtic prosecutor appearing on behalf of respondent No. 1 p. Sat5zanand, and Mr. learned counsel appearing on behalf of respondent No. 2. 3.
Learned counsel for the petiLioners submi ted that during the pendency of the present Criminal Pet i ion at the instance of the well lvishers, relatives and elders, the rarties have settled the dispute and entered into compromise ar < Iiled Joint Memo. Accordingly, the parties herein have filed I'A'N:;'3 and 4 of 2025 to permit them to compromise the matter and L record the compromise. 4. This Court uide order, dated 25. 1 1. 2025, directr'r the parties i. e. , the petitioncrs and respondent No 2, to appear bef rre t'he High orl or before Court Legal Services Committee, Hyderabad, 'r:tary, High 02. 12. 2025. In compliance of the said order, the Sec -services has submitted l't port, dated Court t egal Committee, t No 2 were 02. 12. 2025, stating that the petitioners and responde t License/Aa lhar Cards' duly identified with copies of their Driving i. e. It is further stated that the parties petitioners an: respondent No.
2 have willfully and without any coercion e-rtered into compromise. 5. In view of the said report and also in view of thr: :ompromise No'2 I i weli as lhe entered between the petitioners and respondent parties, I A'Nos 3 and 4 ol submissions made by the respective in C l No 518 of 2025 are allowed. Consequently, the proceedings 2023 on the file of the I Additional Junior Civil J -': 1ge cum IX \ \ \ \ Additional Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally, are hereby quashed against the petitioners/ accused Nos. 1and2 6. Accordingly, the Criminal petition is allowed, subject to payment of costs of Rs. 1O,O0O/- (Rupees ten thousand only) to the High Court Legal Services Committee and Rs. 5,OO0/-(Rupees five thousand only) to the Telangana High Court Advocates Association, Hyderabad, by the petitioners within two weeks from today. Miscellaneous applications, pending if any, sjhall stand closed. SD/. M. OSMAN ALI BAIG, ASSISTANT REGISTRAR.
//TRUE COPY// G SECTION OFFICER To, 1. The I Additional Junior Civil Judge cum lX Additional Judicial Magistrate of First Class, Kukatpally, Ranga Reddy 2. The Station House Officer, WPS lT Corridor Cyberabad (Cyberabad), I Cyberabad 3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUTI 4. One CC to Sri Jangam Sravan, Advocate [OPUC] 5. One CC to Sri P Satyanand, Advocate [OPUC] 6. Two CD Copies ABK Along with a copy of Joint Memo of Compromise Note: Total Amount of Rs. '10,0001 ( Rupees Ten thousand only has been paid ) by Sri Jangam Sravan, Counsel for the Petitioners as directed by the Hon'ble Court vide order dated 09. 12. 2025 as Rs. 5,0001 ( Rupees Five thousand only ) to the "Secretary, High Court Legal Services Committee, High Court for the State of Telangana". , 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. 144772of2025 and Receipt No.
1794 dated12-12-2025. HIGH COURT DATED: 0911212025 . :! o e COMMON ORDER c t. : 22 P5 ,-] l. A. Nos. 3 and 4 ol 2025 ln/And CRLP. No. 154'l 0 of 2025 ALLOWING THE l. A. Nos. 3 and 4 of 2025 AND THE CRIMINAL PETITION IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AT HYDERABAD Crl. P. No oF 2025 Between: 1 SRI DEVARASHETTI KIRAN, S/o . Late D. Shankaraiah, Aged about 42 years, Occupation: Private Employee, Vo, Flat No. 303, H. No. 14-1-90/492, Allapur, Gayathri Nagar, Borbanda, Near Hari Har Temple, Sanathnagar IE, Hyderabad-500018- 2. D. IAYAPRADA, W/o. Shankaraiah, Aged. 66 years, Occupation: Housewire, R/o, Flat No. 303, H. No. 14-1-90/492, Allapur, Gayathri Nagar, Borbanda, Near Hari Har Temple, Sanathnagar IE, Hyderabad-500018. ... Petitioners /Accused no. 1 &2 AND 1. The State of Telangana, Rep by the Public Prosecutor' High Court of ludicature at Hyderabad For the state of Telangana. ... 1tt Respondent/State 2.
SMT- PAMU RAMYA, W/o Sri- Devarashetti Kiran, Aged about 36 years, Occupation: Pvt. Employee, R/o. Sy. No. B2,E2/1, Surya Classic Apartment, Gajularamaram, Hyderabad-500055 .. 2nd respondent / Defacto Complainant JOINT MEMO FILED O N BEHALF OF THE PETTTIONER AND RESPONDENT NO. 2 May it please your Honour ! 1. The Petitioners humbly submits that the Respondent No. 2 is the legally wedded wife of the Petitioner No. 1. The marriage between the petitioner no. 1 & respondent no. 2 was performed on was performed on 13. 05. 2009 \. at Arya Samaj, Sultan Bazar, Hyderabad, acr;,,rding to Hindu rites a I customs and the marriage is love marriage 2. After marriage, the petitioner no. 1 and. ll e respondent no. 2 lived t l together for few years. 2 J Thereafter some disputes arose between th: n and the petitioner no. 1 and the respondent no. 2 have rastry resided tr,r 916". at Hyderabad and they have been living separately since more tha r 3 years i. e. , since 14ft October,2022.
4' subsequenfly severar mediations took pr;r, e at the behest of the common erders of both sides to settre the dir; rute amicably but their efforts resulted in vain. The petitioner No. 1 and tr l Respondent No. 2 have been living separatery and they have not been rbre to live together, in view of the disputes which arose between them. 5. That both the petitioner No. 1 and the r{-,spondent no. 2 have mutually agreed that the mariiage should be d t5 ; olved by a decree of divorce as there is absolutely no possibility of thr: parties living together and they have reduced the same into Memorarr lum of Understanding Dt. 01- 11-2025. 6' The Petitioner No. 1 & Respondent No. 2 havt-. , greed to dissorve . he marriage Dt. 13. 05. 2009 by way of divorce by mr, _ual consent, through ' Court of Law. . -fi (l^fl,. ' T 7. That the Petitioner No. 1 agreed tq give a sum of Rs' 18,5O,00O/- (Rupees Eighteen Lakhs Fifty Thousand only) in the name of elder son - MASTER. D.
PRATHIK,agedabout14yearsbywayofFixedDeposits before any Nationalized Bank as security for his higher education and future upbringing. The Petitioner No. 1 agreed to give a sum of Rs. 18,50,000/-(RupeesEighteenLakhsFiftyThousandOnlyinthename of younger son- MASTER. D. GAURAV PRADHAN aged about 7 yearsbY wayoffixeddepositsbeforeanyNationalizedBankassecurityforhis higher education and future upbringing. Both the petitioner no. 1 and respondent no. 2 cannot withdraw the fixed deposit amounts and only the beneficiaries are entitted to withdraw same upon legally attaining 18 years at the time of higher education. This amount is paid through D. D's in the name of their minor son's MASTER. D' PRATHIK, MASTER' D' GAURAV PRADHAN which is handed over to the respondent no. 2 on the date of withdrawal of the Maintenance case i. e. , M. C. No. 115 of 2022 & FCOP No. 70/2023, & GWOP No. 2/2O23' The two DD's i'e', Each for Rs.
18,50,000/- will be fixed deposiLed in their joint account of respondent no. 2 and minor sons. Fixed deposits shall be for duration of 4 years, upon attainment of maturity of the elder son that is MASTER. D. PRATHIK, after which it can be withdrawn. Fixed deposit shall be for a duration of 11 years, upon attainment of maturity of the younger son that is MASTER. D. GAURAV PRADHAN, after which. it can be withdrawn. qr*f -=! fFI 8 That both fixed deposits shall be done v/ lhin 7 working auy, \ receiving DD, and bank . statement of same ; rall be shared to the Petitioner No. 1 by the respondent no. 2. Bot r fixed deposit bank statement shall be shared with petitioner No.. by respondent no. 2, when asked for by the petitioner No. 1. 9. That petitioner the No. 1 agreed to pay ir sum of Rs. 15,000/_ (Rupees Fifteen Thousand Only) per month till his; ttaining the age of 18 years as per the universar Adurt Franchise startinE 'rom Decemb er,2025 subject to an increase of 10olo per annum on Rs.
15000/_, as monthly maintenance of MASTER. D. PRATHIK with fl-t agreement of the respondent no'2 to provide for visitation rights . owards MASTER D. PRATHIK every 2nd saturday or sunday and 4th sunc ay every month. The respondent no. 2 shall ensure to sehd MASTER D. PRATHIK along with MASTER. D. GAURAV PRADHAN between 11am to 5pm initiaily by the respondent no. 2 in her presence for the 1rt three mrl tths to a Mall or any public place as mutually decided. After completirr r ef 3 months the respondent no. 2 shall start sending MASTER. pR. D. IHIK along h/ith his brother MASTER' D' GAURAV to the resid€ rce of the party 1,t 'RADHAN at FIat No. 303, H. No. 14_1_90/492, Allapur, Gayattrr i Nagar, Borbanda, Near Hari Hara Temple, Sanathnagar IE, Hyderabari 500018 vide hired car with prior inFormation to the 1't party at her owrr expense such that the children reach by 11. 00 A. M. to the residence ot he Petitioner No. 1 by fo'owing the above timings. Thereafter at 5. 00 I. M.
the petitioner fr\,- lrt* at his own in a hired car children to send the i\o. 1 shall be responsibte rl prior no'2 with ,l of the respondent residence back to the expehse no'2' to the respondent information (RuPees agreed to pay a sum of Rs' 15,000/- the Petitioner No'1 9 That ning the age of 18 as Years per month till his attai Only) Fifteen Thousand 2025 subject fro m December, Franchise starting Adult per the Universal as monthtY on Rs.
15000/-, annum of 1oo/o Per to an increase of the with the agreement D' GAURAV PRADHAN of MASTER' maintenance D' MASTER' towards for visitation rights no'2 to provide respondent or Sunday and 4th Sunday every Saturday every 2nd GAURAV PRADHAN D' GAURAV pnsure to take MASTER' no'2 shall The respondent month' 5pm initially between 11am to D' PRA'THIK MASTER' along with PRADHAN at Mall or any the l't three months by the 2nd Party in her presence fol- the of 3 months After completion decided' as mutuatly public place along D' GAURAV PI{ADHAN MASTER' start sending no'2 shall respondent of the 1't Party at to the residence D' PRATHIK MASTER' with his brother Nagar' Borbanda' Allapur' Gayathri l4-1-gL/4g2' 303, H'No' Flat No.
vide hired IE, Hyderabad-500018 Tempre, sanathnagar Near Hari Hara No'1 such to the Petitioner with prior information expense car at her own of the Petitioner reach by 11'00 A'M' to the residence that the children the at 5'OO P'M' Thereafter timings' the above following No. 1 bY at a hired car to send the children in be responsible No' l shall Petitioner prior no'2 with of the respondent back to the residence his own expense no'2 to the respondent information " A1y* 0o'. o"i' 10. That the petitioner No. 1 agreed to pay the ar- rars of maintenance case vide M. C. 115 . of 2022 i. e. , Rs. 7,00,000/_ lupees Seven Lakhs Only) from November, 2022 to November, . OZS vide Cheque No. 3B70B0 ,IDBI BANK, ROAD NO. 2, BANJARA H. I LS BRANCH in the name of the respondent no. 2. The cheque will be randed over to the respondent no. 2 on the date of appearance befr:. e the State Legal services Authority/Mediation centre at High court () the Terangana for closing of the criminal casl i. e .
, CC 518 of 2023 . 10. That the petitioner No. 1 and respondent no. 2 agreed to withdraw all the Pending cased being FCOp No. 70 of 2023 (by,onverting the same into a case for Mutuar consent); M. c. No. 115 of 2022 Maintenance case), CC No. 51B of 2023 (Offence u/sec. 498A Ipc) and GW( )p No. 2/2023, CRL' 7307/2025 and cRp 1832 oF 2025 in the Famiry cour s, Magistrate court and High court respectivery and not to make any c aims against each other and not to initiate any civir or criminar cases vhatsoever against each other and their family members in future. 11. That the Divorce petition i. e. , FCOp No. 70 of ,_02? _, filed by the respondent no. 2 shail be amended as section 13(B) of rindu marriage Act 1956 for granting decree of Mutuar consent Divorce. T lat the petitioner No. 1 and respondent no. 2 agreed to withdraw all tre pending cases against each other as per the MOU Dt. 01_11_2025. . rr 71^X. *-r,. -s . 1.
quash the pteased 'to 't may be court HoIr Hon'ble ute ' n that the is prayed that the "-'-'"' 1"n a, it I ADDITIONAL of HON'BLE )O)3 on the fite No' 518 of in C'C' oceedings RANGA OF FIRST CLASS' MAGISTRATE ADDL' ]UDICIAL JNIOR ]UDGE-CUM-IX no'1 &2 for the Petitioners /Accused against AT KUKATPALLY EDDY DISTRICT the between entered compromlse view of the IPC'' in ne offence u/sec'498-A justice' of in the interest complainant, and respondent/defacto )etitioners No'1 HYderabad' Place: Peti oner/Accused -tl-2075 Date wd,o(A No' 2 Petitioner/Accused (Lo{ complainant No'2/Deficto Respondent n k ,,, Defacto comPlainant for Respondent/ Counsel or Petitioners Counseii
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