M.Jayanath Kumar v. The State of Telangana

Court: High Court for State of Telangana

Bench: T.VINOD KUMAR

Judgment date: 2020-12-09

Case summary

High Court for State of Telangana judgment dated 2020-12-09. M.Jayanath Kumar v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE T. VINOD KUMAR CRIMINAL PETITION NO: 6050 0F 2020 Between: 1. M. Jayanath Kumar, S/o. Late. Ramulu, 2. M. Amrutha, W/o. late. Ramulu ... PETITIONERS AND 1. The State of Telangana, PS KPHB Colony, Cyberabad, Represented by its Public Prosecutor, High Court, Hyderabad. .... Respondent No. 1 2. Gundu Dheeksha, ... PET|T|ONER tN t. A. NO. 2 0F 2020 Petition under Section 482 ol Cr. P. C praying that in the circumstances stated in the [t/emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioners/Accused No. 1 and 2 in Crime No. 157 of 2020 of PS KPHB Colony on the file of ll AJCJ Additional Metropolitan -cum-X I\/agistrate, Kukatpally, Cyberabad. l. A. NO: 1OF 2020 Petition under Section 482 ol Cr. P.

C praying that in the clrcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the certified copy of the FIR bearing No. 157 of 2020 dated 01-03-2020 l. A. NO: 2 OF 2020 Petition under Section 482 o'f Cr. P. C praying that in the circumstances stated in the l\ilemorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise and to compound the offence and also to acquit the petitioners and quash the above said Crime No. 1 57 of 2020 ol PS KPHB Colony on the file of ll AJCJ- cum- X Additional Metropolitan Magistrate, Kukatpally, Cyberabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BRAHIVADANDI RAIUESH, Advocate for the Petitioners and of the Public Prosecutor on behalf of the Respondent No. 1 and of Sri G. Bhasker Reddy, Advocate for the Respondent No. 2.

The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Criminal Petition No. 6O50 of 2O2O ORDER The prcsent Criminal Pelition is liled under Section 482 of (ir,l). C. by the petitioners/accused No. I & 2 seeking to quasl. r thc Crime No. 157 ot 2O2O of KI'III:l Colony Police Station dated 0I . 03. 2020 (which is pending on the lile of the X Additional Mr:l. ropolitan Magistrate's Court, Kukatpally), for the ,tlfenccs lrunisi:erbk: nndcr Scclior. r 49il A Il)C :. rnd Scr:tir>ns 3 & 4 o[ Drtu,r]' I)rohibition Act. '). l)uring per-rdency of the present criminal petition, the parl:i<;s lrilrr. : t:ornpronrisccl thi: nratl. or and accordingly, l. he resl)onclcnt No. 2 I de has lilcd IA No. 2 oi 2020 seel<ing r{rcto complarnant perrnission of this court to compromise the matter and to quasl'r thc s:ricl crime. 'l'his Court 3. by its order dated 27 . Il.

'2O2O after recording thc submissions made by the learncd counsel for the petitioners as u,r:li as sccond resporrdent/ de complainant directed the facto partics Io appc. rr bclirrt: Lhc Rcgi:itrar (Judicial-l) ol this Court. for their ident. ification and also direcLed thc ltegisLrar (.. luclicial-l) to srrbmit a report by 07. 12. 2O2O. ln compliance of the said directiorr oi this Court, thc Rcgrstrar (Juclic:ir-rl-l) iras submitted lris reporr da tccl 02 . 12 . 2O2O . 4. In the report subrnittcd by rhe l? egistrar (Jurticial-l), ri:rtr:Li 0. 2. 12.. ). O),O, it is stlrtcil lltitt on oral t:xarnination, the 2,r(l rcspondent. has stillccl thal. sho ttiL:; Iilcd a complaint against thc pc:titioners and the same has bccn rcgistered as Crime No. 157 oi' 2a2O ol KI,IIU Colonv i)olice Station lor the oflences pr,rrrishatbJc undcr Section . +9g-A ilrc and Scctions 3 & . 1 <;f D. wry rjrohibiiiorr Act ancj that no*, shc has approached thrs Court ibr rer:or. ding thc comproatisc, D.

The parties herein have liled a Joint Memo o1. Compronrisc, . l. he dated 30. tO. 2O2O. said Joint Memo of Compromise dated 30,10. 2020 and thc reporr of Rcgisrrar (Judicial,t) dared 02. 12. 2020 are placed on the record of this Court. 6. ln vielr, of the said rcport and in vierv of thc compromisc entcred betu,een the pc:Litior-rcrs and thc 2,,,r rcspondcnt, LA,No. 2 oI 2O2O is allor,ved. Conscquentlv, thc Crir-nin:rl Pctttion is allo,"r,r:rl anr. 1 lho procecdlngs in Crime No. 157 of 2O2O of I(pllB Color-rv l)olicc Station datcd 01. 03. 2020, which is pending on the file o1'X Addilional N4etropolitarn N4agisrratc, Kukatpallv, arc hcre b. u- <1uashecl. Miscellaneous petitions, if any, pcndrng in rhis r:rirr:irr:ri petjtion shall srand closcd. Sd/-N,CHANDRASEKHAR ASSISTANT REG R //TRUE COPY// SECTION OFFICER To 1. The ll Additional Junior Civil Judge-cum- X Additional lvletropolitan Magistrate, Kukatpally, Cyberabad. 2.

Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad (OUT) 3. One CC to Sri Brahmadandi Ramesh, Advocate (OPUC) 4. One CC to Sri G. Bhasker Reddy, Advocate (OPUC) 5. Two CD Copies (along with joint memo filed by the petitioners and 2nd respondent) Kj. HIGH COURT DATED:091'12/2020 ORDER CRLP. No. 6050 of 2020 sh r{ -( I DEC 2m p ^* ALLOWING THE CRL. P. I,D w IN IHE HIGH COURT OF JL,o,. olxirJlHyDERABAD FoR rHE srArE oF cRt. P. NO. l" to oF 2o2o (crime No. 157 of 2020rr on ,nu file or il Arct Additional 1, 1ir',iiitn, cuMx Metropolita n Magistrate, *rtriolirv, Cyberabad) Between : 1) M. Jayanath Kumar, S/o. Late. Ramulu, Aged about. 28 years, Occ. Unemployed, R/o. H. No. 23-4-745, Sultan shahi, Charminar, Hyderabad. 2l M. Amrutha, W/o. late. Ramulu. Aged about. 55 Yrs, Occ. Govt. Employee, R/o. H. No. 23-4-L45, Sultan shahi, Charminar, Hyderabad. ..... Petitioners/Accused No. 1 & 2 AI{D 1) The State of Telangana.

, PS KPHB Colony, Cyberabad, Represented through the Publir: Prosecutor Of High Court, Hyderabad. ..... Respondent. No. 1/Com pla inant ol 2l Smt. GundHD. eeksha, W/o. M. Jayanth Kumar, Aged about. 25 years, Occ: Housewife, R/o. H. No. t6-3-v/25t, Plot No. 251, Kukatpally, Hyderabad. .... Respondent. No. 2/ Defacto-Complainant JOINT MEMO FILED ON BEHALF OF THE PETITIONERS AND 2NO RESPONDENT 1. The petitioners and the 2nd respondent who is the defacto- complainant in Crime No. 157 of 2020 of PS KPHB Colony on the file of ll AJCJ CUM X Additional Metropolitan Magistrate, Kukatpally, Cyberabad alleged under Section a98(A) of IPC and under sections 3 & 4 of DP Act, at the instance of r for the alleged elders and well wishers has settled the above case amicably who is the offences. The petitioners and the defacto-complainant No. 2 herein are also filing affidavits to that effect' "respondent that in this regard the Z.

The petitioners and the 2nd respondent submit we also matter has been settled at the instance of elders and well wishers. submit that in this regard the above said matter has been settled out of the court amicably. ln view of the compromise, the proceedings of the said criminal case may be quashed by allowing the petition by recording the terms of the compromlse. Hence this Joint Memo. Date: 50 -10-2020 Place : Hyderabad. $l-]^,)^,-rt [ Petitioner No. 1 Petitioner No. 2 Defacto Complainant B. tl""t' $'g \@- Counsel for the Petitione r Counsel for the Respondent No. 2

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