THE HONOURABLE SRI JUSTICE N.TUKARAMJI In/And CRIMINAL PETITION No. 7908 OF 2025

COMMON ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), seeking quashment of the proceedings against the petitioners in Crime No. 101 of 2025 of Cherlapally Police Station, Rachakonda Commissionerate.

2. The petitioners are arrayed as accused Nos.1 to 8 in the Crime registered for the offences punishable under Sections 352, 351(2), 74, 75, 78, 127(2), 79, 324(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) and Section 11 read with Section 12 of the Protection Of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

3. I have heard Mr. Burgula John Dinakar, learned counsel for the petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Mr. Andugula Sudhakar, learned counsel for respondent No.2/de facto complainant.

4. Pending this petition, the parties have entered into the compromise and, accordingly, they moved I.A.Nos. 3 and 4 of 2025 with the prayer to permit them to enter into compromise and by recording the settlement to quash the proceedings against the petitioners/accused Nos.1 to 8 in Crime No. 101 of 2025.

5. The parties were identified by their respective counsel and also on verification of Aadhar Cards/Identity Cards before the, High Court Legal Services Committee.

6. I have considered the submissions of the learned counsel and perused the materials on record.

7. The allegations in the Police Report lodged by respondent No.2/de facto complainant/victim girl state that she is an orphan and, since the age of four years, has been residing at Bethany Karunalaya (Orphanage Home), Cherlapally. It is further alleged that when she attained the age of 17 years, she raised a complaint before the Child Welfare Committee regarding the quality of food being provided in the institution. On account of such complaint, petitioners Nos. 2 to 8/accused Nos. 2 to 8 allegedly began to abuse and criticize her. They are accused of having intentionally insulted and harassed her by destroying her clothing, including her inner garments, and by placing chili powder inside her undergarments. It is further alleged that they wrongfully confined her and used criminal force upon her with the intention of outraging her modesty, apart from committing acts of mischief. With respect to petitioner No.1/accused No.1, the specific allegation is that he sexually harassed the victim by touching her private parts and by threatening her to make video calls to him.

8. The allegations in the police report described amount to a serious set of offences, particularly because the complainant is a minor (aged 17 at the time). Against Petitioner No. 1 / Accused No. 1 Specific allegations of touching private parts and threatening her to make video calls fall under Section 354 IPC - Outraging modesty of a woman; Section 354A IPC - Sexual harassment (physical contact and advances involving unwelcome touching); Section 354D IPC - Stalking (including monitoring via calls); Section 506 IPC - Criminal intimidation. Further Section 7 & 8 - Sexual assault (touching private parts with sexual intent) and Section 11 & 12 - Sexual harassment of a child (demanding video calls of sexual nature) are applicable under POCSO. 9. The allegations against Petitioner Nos. 2 to 8 / Accused Nos. 2 to 8 are making out abuse, harassment, cutting of clothes, and placing chili powder in undergarments are making out offences under Section 354 IPC - Assault or criminal force to a woman with intent to outrage her modesty; Section 509 IPC - Word, gesture, or act intended to insult the modesty of a woman; Section 341 IPC - Wrongful restraint. Section 342 IPC - Wrongful confinement; Section 427 IPC - Mischief causing damage; and Section 506 IPC - Criminal intimidation (if threats were used). Additionally, as the victim is under 18, the Section 11 & 12 (Sexual Harassment