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Julian Savio Fernandes and 2 Others v. The State of Telangana and another

Court: High Court for State of Telangana

Bench: K.LAKSHMAN

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2020-10-13. Julian Savio Fernandes and 2 Others v. The State of Telangana and another. Read the judgment...

Judgment text

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN l. A. Nos. 2 AND 3 of 2020 IN/AND CRIMINAL PETITION NO: 4187 OF 2020 Common C. T in l. A. Nos. 2 AND 3 of 2020 Betwee n: Sonu Ghadge, W/o Julian Fernandes, Aged about 33 years, Occ. Private Employee, R/o. H. No. 1-10-114114, Kushaiguda (Rachakonda Limits), Hyderabad ... Petitioner/Com plaina nt AND 1. The State of Telangana, represented by its Public Prosecutor through S. H. O,P. S Kushaiguda High Court, Hyderabad. . . . Res ponde nUCom pla ina nt 2. Julian Savio Fernandes, S/o. Jude Fernandes, aged about 33 years, Occ. Private Employee R/o. H. No. 1-10-114114, Nagarjunanagar Colony, Kushaiguda, Hyderabad 3. Dr. Serena J. D'Souza, D/o. Jerome D Souza, aged about 61 years, Occ. Scientist D, R/o. D-1, Nari Staff Quarters, Pune city, lvlaharastra State 4. Clavia ora Fernandes, W/o. Jude Sebastian, aged about 68 years, Occ.

House wife R/o, Plot No. B, OId Bowenpally, Secbad ... Respondents l. A. No. 2 of 2020 : Petition Under Section 320 (6) of Crl. P. C praying that in the circumstances stated in the Affidavit filed therewith, the High Court may be pleased to permit the Petitioner/ complainant and Respondents/A1-3 to enter in to the compromise in connection with FlR. No. 570 of 2020, dated. 0910912020 of Police Station Kushaiguda) (U/Sec. 49B-A, 307 IPC) in the interest of justice. l. A. No. 3 oI 2020 : Petition under Section 320 (2) of Crl. P. C praying that in the circumstances stated in the Affidavit and Joint Memo of Compromise filed therewith, the High Court may be pleased to record the compromise in pursuant to the FlR. No. 570 of 2020, dated. 0910812020 of Police Station Kushaiguda) (U/Sec. 498-4, 307 tpC) in the interesl of justice. l. - CRIMf NAL PETITION NO: 4187 OF 2020 Between: 1. Julian Savio Fernandes, S/o. Jude Fernandes aged about 33 years, Occ. Private Employee R/o. H. No.

1-10-11411A, Nagarjunanagar Colony, Kushaiguda, Hyderabad 2. Dr. Serena J. D'Souza, D/o. Jerome D Souza, aged about 61 years, Occ. Scientist D, R/o. D-l , Nari Staff Quarters, Pune city, Maharastra State 3. Clavia ora Fernandes, W/o. Jude Sebastian, aged about 68 years, Occ. House wife R/o. Plot No. 8, Old Bowenpally, Secbad ... Petitioners/Accused 1 to 3 AND 1. The State of Telangana and another, Rep. by its Public Prosecutor through Sl/S. H. O,P. S. Kushaiguda (Rachakonda Limits), High Court, Hyderabad. ... Respondent 2. Sonu Ghadge, W/o Julian Fernandes, Aged about 33 years, Occ. Private Employee, Rr/o. H. No. 1-1O-11411A, Kushaiguda (Rachakonda Limits), Hyderabad ... RespondenU De- facto Complainant Petition under Section 482 of Crl. 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 in FlR. 57O of 2020, d ated.

09/08/2 020 of Police Station Kushaiguda, (Rachakonda Limits), with regard to the alleged offence U/Sec. 49B-A, 307 lPC, against the petitioners/A1 to 3 and de-facto complaint/R2 herein pending disposal of the Criminal Petition. l. A. NO: 1OF 2020 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 of all further proceedings in pursuant to the FlR. 570 o'f 2020 ' d ated. 09/08/2020 of Police Station Kushaiguda, (Rachakonda Limits), with regard to the alleged offence U/sec. 498-4, 307 lPC, against the petitioners/A1-3 and de-facto complaint/R2 herein pending disposal of the Criminal Petition. These Petitions coming on for hearing, upon perusing the lvlemorandum of hearing. the arguments.. ' Grounds of Criminal Petition and Compromise Petition and upon of sri Ale Prakash Aditya, Advocate for the Petitioner in l. A. No. 2 and 3 of 2020 and Respondent No.

2 in criminal Petition and sri Konda Krishna, Advocate for the Respondent Nos. 2 to 4 in l. A. No. 2 and 3 of 2020 and Petitioners in criminal Petition and Public Prosecutor on behalf of the Respondent No. 1 in both l. A. No. 2 and 3 of 2020 and Respondent No. 'l in Criminal petition. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN I. A. Nos. 2 AND 3 of 2O2O IN/AND CRIMINAL PETITION No. 4187 OF 2O2O COMMON ORDER: This Criminal Petition is filed b1' the petitioners/A'1 to A-3 in FIR No. 570 of 2O2O of SHO, Kushaiguda Police Station, Hvderabad, registered for the offences punishable under Sections 498-4 and 307 of IPC, to quash the proceedings in the above said crime. During the pendenc-,- of the present Criminal Petition, the parties have compromised the matter and, accordingly, respondent No. 2-de I. A. Nos. 2 and 3 of facto complainant filed 2O2O to record the compromise and to compound the offences in FIR No. 57O ol 2020. Vide order dated 22. 09.

2020, this Conrt, after recording the submissions made by the learned counsel for the petitioners as'"vell as respondent No. 2, directed the parties to appear before the Registrar (Judicial) of this Court for their identification and also directed the Registrar (Judicial) to submit a report by 09. 1O. 2O2O. In compiiance with the said order dated 22. O9. 2O2O, the Registrar (Judiciat) has submitted his report dated 06. lO. 2O2O. In the report dated 06. lO. 2O2O of the Registrar (Judicial), it is stated that on oral examination, respondent No. 2 has stated that she had filed a complaint against the petitioners before Kushaiguda Police Station (Rachakor-rda limits) and that the same rvas registered as FIR No. 570 of 2O2O for the offences under Section 498-4 and 307 of IPC and and that nou,she has approacl-recl this Court for recording the compromlse. The parties herein have filed a joint affidavit of compromise dated 16. 09. 2020. The said joint affidavit of compromise dated 16. 09.

2O2O and the report of the Registrar (Judicial) dated 06. lO. 2O2O are placed on record. In vierv the said report and also in vielv of the compromise entered betu'een the petitioners and respondent No. 2, I. A. Nos. 2 and 3 are allou,ed. Consequentl. y, the Criminal Petition is allolved and the proceedings in FIR No. 570 of 2O2O of SHO, Kushaigucla Police Station, H1'derabad, are herebl' quashed. Miscellaneous Petitions, pending if any, shall stand closed. Sd/. K, SAI SHI RE ASSISTANT \ I I I ,TRUE COPY// SECTION OFFICER To, 1. 3fi[:? :,[. fJl. Yl33f:,4:1,3J9%? [? ,1ifl.. Yn1[3,'Y# 2. Ii:61},filili"# ''".... ,, of relansana, at public prosecutor, High court for the state 3 +It%rist" the Hvderabad [OUT] 4 Ek i3l: 3l lllg:#:lk oilx'sJ:J"",:Y3l'"r 5 f) Two CD CoPies f Joint ['/emo) (Along with a coPY o NIIUK HIGH COURT DATED:1 3/10/2020 COMMON ORDER l. A. Nos. 2 AND 3 of 2020 IN/AND CRLP. No. 4187 ol 2020 1 E S]4 \1 o ( ). (. o t' o 29 1ct 2W0 z t f:o T' ALLOWING THE l. A. Nos.

2&3 OF 2020 IN TERMS OF COMPROMISE AND ALLOWING THE CRL. P. fi M \D)a' I / MEMORANDUM OF CRIMINAL PETITION (Under Section 482 of Code of Criminal Procedure) HIGH CdURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl' P' No (I Of 1,t-f-lt ndalSiC of P'S' Kushaiguda) (FIR. No. 570/2020, dt. O9-08-2020 (U/Sec. 498-A, 307 IPC) BETWEEN: lude Fernandes 1. Julian Savio Fernandes, S/o. Employee aged about 33 years, Occ; Pvt. H. No. 7-lO-l/4t/ A, Nagarjunanagar Colony, R/o. Kushaiguda, HYderabad D Souza 2. Dr. Serena J. D'Souza, D/o' lerome D, aged about 61 Years, Occ; Scientist R/o. D-1, Nari Staff Quarters, Pune city, Maharastra State 3. Clavia ora Fernandes, W/o. Jude Sebastian aged about 68 years, Occ; House wife R/o. Plot No. B, Old Bowenpally, Sec,bad Petitioners/ A1to3 AND 1 The State of Telangana, Rep. by its Public Prosecutor through SI/S. H. O, P. S. Kushaiguda (RachakondaLimits),HighCourt,Hyderabad. .. Respondent 2. Sonu Ghadge, W/o Julian Fernandes, Aged about 33 years, Occ: Pvt.

, Employee, R/o. H. No: I-lO-l/41/A, Kushaiguda (Rachakonda Limits), Hyderabad . .. Respondents/ De- facto Complainant IOINT AFFIDAVIT FILED BY PETITIONERS/A-1 -3 AND RESPONDENT/ COMPLAINANT We Julian Savio Fernandes, S/o. Jude Fernandes, aged about 33 years, Occ; Pvt. Employee, R/o. H. No. t-70-7/41/A, Nagarjunanaqar Colony, Kushaiguda, Hydera bad AND i 5r-_-^r. ^r I Sonu Ghadge, W/o Julian\Fernandes, Aged about 33 years, Occ: Pvt.. Employee, R/o. H. No: 1-10-1/41/A, Kushaiguda (Rachakonda Limits), Hyderabad herein as such we well acquanted with facts of the case and we deposing herein. b 1. I humbly submit that due to mis-understanding I lodged a complaint in the P S of Kusaishgrdu on 09. 08. 2020 wherein I stated in my complaint that one Julian Savio Fernandes, S/o. lude Fernandes ie.

, 1'r petitioner in this case herein and myself working in the same company and also having love affair between usf and A-1 proposed me to marry but, on my enquiry 41 is engaged with another girl and my self asked A1 with regard to the said fact and 42 & 3 were insisting their son to give divorce and do another marriage, and they are harassing and threatening with dire consequences. On the date of the incident, A-1 came to my house in a drunken condition, quarrelled and further brought a knife and tried to stab by me and I was stopped A1 in the said incident, and thcn I got iniury in my left hand and inrrnediately I complained to 100 Nurnher police. The above saici facts are narrated in my complarnt, now the said matter is amicably settled with the elders of my family members and 41 family members. 3. I humbly submit that hence this matter is settled and compromised out of the court. 4.

I humbly submit that as already stated the matter was amicably settled before elders as the said complaint is filed on the misconception as there is no incident took place. 5. I humbly submit that under the circumstances, I express my regret and after conversing with rny well-wishers about tlre whote episode, I feel satisfied. If this Hon'ble Court, under the powers vested under sectiorr 482 of CR PC to close the FIR No 570 of 2020 dt. 09-OB-2020 by quashing the same in the interest of justice' out 6. I humblY submit that i have deposed the facts in this affidavit coercion duress or of my own f ree wlll and consent and without any ' its undue influence of whatsoever nature after understanding consequences. For the reasons stated above, the petitioner herein prays that this Hon'ble court may be pleased to compound the offence in pursuant to the FIR No. 570/2020, dt. 09-08-202Oof P. S. Kushaiguda)(U/Sec.

49B-A, 307 IPC) in terms of the compromise between petitioners/A1 to 3 and Respondents-2/defacto complainant herein and to pass such appropriate orders as this llon'ble Court deems fit ancl proper in the interests of j ustice. Sworn and sig ned On this the 16th day of Septenrber, 2020 at Hyderabad Before rn e - *= -V.. Advocate - Hydera bad I ! * I {rl' r "S&^o-. )-- 1 2 e{ C 3 Petitioner/ Complainant . . Respondents/ Accused Counsel for the petitioner/ Counsel for the Respondents,/ Complainant Accused ___-__-_-

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.