THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION Nos.882 and 886 of 2025

COMMON ORDER:

Criminal Petition No.882 of 2025 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused to quash the proceedings against him in S.C.No.953 of 2022 on the file of Fast Track Special Judge for Trial and Disposal of RAPE and POCSO Act Cases, at Malkajgiri. The offences alleged are under Sections 366, 376(2)(i) of Indian Penal Code, 1860 (for short ‘IPC’) and Section 3 read with 4 of Protection of Children from Sexual Offences, 2012 (for short ‘POCSO Act’).

2. Criminal Petition No.886 of 2025 is filed under Section 528 of BNSS by petitioner/accused to quash the proceedings against him in S.C.No.1724 of 2022 on the file of Fast Track Special Judge for Trial and Disposal of RAPE and POCSO Act Cases at Malkajgiri. The offences alleged are under Sections 366, 376(2)(n) and 506 of IPC and Section 5 read with 6 of POCSO Act, 2012.

3. Heard Mr. Akkam Eshwar, learned counsel for petitioner, Mr. Afsar Yousuf Zahi, learned counsel for respondent Nos.2 and 3 and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent – State in both the criminal petitions. Perused the material on record.

4. Two complaints are filed by Smt. Deravath Bharathi- respondent No.3, one in December, 2020 and second complaint in October, 2022, accused is the same.

Proceedings arising out of First complaint:-

Crl.P.Nos.882 of 2025 is for quashing/stay of proceedings in S.C.No.953 of 2022. S.C.No.953 of 2022 arises out of Crime No.519 of 2020. Complainant is Smt. Deravath Bharathi. It is stated in the complaint that her daughter Deravath Sandhya Rani left the house without informing anybody. That she suspects one Mr.Abhi residing in Baba Nagar. Hence, the complaint for necessary action.

Proceedings arising out of Second complaint:-

Crl.P.No.886 of 2025 is for quashing/stay of proceedings in S.C.No.1724 of 2022. S.C.No.1724 of 2022 arises out of Crime No.453 of 2022. Complainant is Smt. Deravath Bharathi. It is stated in the complaint that pursuant to the earlier complaint dated 28.12.2020 (registered as Crime No.519 of 2020) about her missing daughter (Deravath Sandhya Rani), Police had safely handed over her daughter and remanded one Mr.Abhishek, resident of Baba Nagar. That on 10.10.2022 at 11’o clock, she found her daughter missing. She realized her daughter took few clothes, few ornaments and left the house and she suspects one Mr.Abhishek.

5. FIR No.435 of 2022 was registered on 10.10.2022 at Nacharam Police Station, on complaint filed by respondent No.2. Charge sheet is filed on 07.12.2022. On a perusal of the charge sheet, it is observed that the complainant is mother of respondent No.3. The allegation is that petitioner/accused has induced her daughter/respondent No.3 by cheating her in the name of love, had sexual intercourse and eloped with her daughter to Khammam. Various dates of incident are stated in the charge sheet and Sections 366, 376(2)(n) and 506 of IPC and Section 5 read with 6 of POCSO Act, 2012, were charged against petitioner/accused.

6. In the SSLC Marks Memo of the girl, date of birth of the girl is 13.10.2004. Accused is apprehended on

15.10.2022.

7. Two Memos are filed, one in Crl.P.No.882 of 2025 and one in Crl.P.No.886 of 2025. Joint affidavit/settlement are filed in both the criminal petitions. The Joint affidavit/settlement are signed by the accused, respondent No.3 and their counsels, they are annexed with the Memos. The contents of Joint affidavit/settlement are similar (except for the case numbers and crime numbers). The contents of the Joint affidavit/settlement in Crl.P.No.886 of 2025 are extracted, which are as follows:

“2. It is submitted that the Petitioner/Accused herein filed the above Quash Petition seeking to quash the proceedings in SC.No.1724 of 2022 on the file of Hon'ble Fast Track Special Judge for trial and Disposal of RAPE and POCSO Act Cases at Malkajg