COMMON ORDER:

1. This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in P.R.C.No.74 of 2022 on the file of the XXII Additional Chief Metropolitan Magistrate at Secunderabad.

2. Heard learned counsel appearing on both sides and learned Additional Public Prosecutor for the State. Perused the record.

3. The petitioner is charge-sheeted for the offences under Sections 376(2)(n), 496, 417 and 506 of IPC on the basis of a complaint lodged by the 2nd respondent. In the complaint, she stated that she got married to one Rajiv Sayam and had two sons. In the month of August 2016, she shifted to Trimulgherry, Hyderabad. In the month of January 2017, she got acquainted with the petitioner. The petitioner allegedly asked her to seek separation from her husband. They lived separately and petitioner used to take care of all the necessities. During November 2018, the petitioner used to call her daily and they had developed physical intimacy. The petitioner promised to marry her after she gets divorce from her husband. On 09.08.2020, the petitioner stayed in the house of 2nd respondent for a week and before leaving to Meerut from Secunderabad, took her to gold shop and purchased Mangalsutra and tied around her neck in the presence of god and her son. Petitioner continued to have sexual intercourse with her for the reason of petitioner marrying her. 2nd respondent went and met the petitioner at Meerut. On 21.12.2020 Petitioner dropped her at Nizamuddin Railway Station and since then the petitioner stopped seeing her, for which reason the present complaint was filed alleging rape and cheating.

4. During the pendency of the present Criminal Petition, the parties have compromised the matter and, accordingly, respondent No.2/defacto complainant filed I.A.Nos.3 and 2 of 2022 to permit to compound the offences and to compromise the case, respectively.

5. Vide order dated 18.01.2023, this Court, after recording the submissions made by the learned counsel for the petitioner as well as respondent No.2, directed the parties to appear before the Secretary, Telangana High Court Legal Services Committee, Hyderabad, for their identification and also directed the Secretary to submit a report by 30.01.2023. In compliance with the said order, the Secretary has submitted her report, on

24.01.2023.

6. In the report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, it is stated that in obedience of the orders dated 18.01.2023, the petitioner/Accused and the 2nd respondent have appeared before her along with their counsel and on examination and verification of their particulars from their Aadhar Cards, they were tallied. Thus the identification of both the parties has been established.

7. The parties herein have filed a joint memo of compromise stating that at the intervention of the elders, they have settled the disputes between them amicably and 2nd respondent has no objection to quash the proceedings against the petitioner herein in the above case. The said joint memo of compromise and the report of the Secretary are placed on record.

8. Sri S.Sudershan, learned Additional Public Prosecutor appearing for the State-1st respondent would submit that the case was registered under Section 376 of IPC, as such, this Court cannot quash the proceedings as the Hon(cid:146)ble Supreme Court in the case of State of Madhya Pradesh v. Laxmi Narayan and others [(2019) 5 Supreme Court Cases 688] case, held that in case of serious offences such as rape or offence against society, High Court under inherent powers cannot quash the proceedings. In view of the judgment of the Hon(cid:146)ble Supreme Court in Laxmi Narayana(cid:146)s case and also in view of the heinous nature of offence alleged, the petition has to be dismissed.

9. In the present case, as seen from the averments, the 2nd respondent/complainant was already married and having two children by the date she got acquainted with this petitioner. Both the petitioner a