IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
Mohd. Shoaib – Appellant
Versus
The State of Telangana – Respondent
CRLP 6235/2025
THE HONOURABLE SRI JUSTICE N.TUKARAMJI In/And CRIMINAL PETITION No. 6235 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 petitioner in Crime No. 61 of
2025 of Banjara Hills Police Station, Hyderabad.
2. The petitioner is the sole accused in the Crime registered for the offences punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’), Section 5 read with Section 6 of the Protection Of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).
3. Heard Mr. Mettu Niranjan Reddy, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and Mr. Neerati Ranjith Kumar, 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 petitioner/accused in Crime No. 61 of
2025.
5. This Court vide order dated 02.05.2025 referred the parties to the High Court Legal Services Committee for identification and to verify the voluntariness in arriving the settlement. The Secretary, High Court Legal Services Committee, has submitted report dated 12.06.2025 stating that the parties were identified by their respective counsel and also on verification of Aadhar Cards/Identity Cards and the enquiries revealed that the parties have willfully and without coercion entered into settlement/compromise.
6. I have considered the submissions of the learned counsel and perused the materials on record.
7. The accusations against the petitioner in the Police Report lodged by the victim that, the petitioner/accused sexually exploited her under promise to marry her. Considering the submissions in the joint memo that the police report was filed on 25.01.2025 however, respondent No.2 / de facto complainant and the petitioner/accused got married on 31.01.2025 and even begot a child. Considering these developments and to save their relationship, in the light of the dictums in Gian Singh v. State of Punjab and another1 and Anil Mishra v. State of U.P., 2024 INSC 189; State of Madhya Pradesh v. Laxmi Narayan and others3, this Court is of the
considered view that quashment of the impugned proceedings in view of the settlement by exercising jurisdiction under Section 528 of BNSS, 2023, would be in the interest of justice.
8. Accordingly, I.A.Nos.3 and 4 of 2025 are allowed. Consequently, all proceedings in Crime No. 61 of 2025 of Banjara Hills Police Station, Hyderabad, are hereby quashed against the petitioner/accused.
9. Resultantly, the Criminal Petition is allowed.
Pending miscellaneous applications, if any, shall stand closed.
_______________ N.TUKARAMJI, J Date: 26.06.2025 svl
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