THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 3973 OF 2025

COMMON ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings in S.C.No.594 of 2024, on the file of the Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases at Malkajgiri, against the petitioner.

2. The petitioner is sole accused in the Sessions Case registered for the offences punishable under Sections 354(D) of the Indian Penal Code, 1860 and Section 12 of the Protection Of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

3. Heard Mr.Muppu Ravinder Reddy, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.P.Venkata 4. Pending this petition, the parties have entered into the compromise and 3 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 S.C.No.594 of 2024.

5. This Court vide order dated 19.03.2025 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 24.03.2025 stating that the parties are identified by their respective counsel and also on verification of Aadhar Cards/Identity Cards and the enquiries reveal that the parties have willful 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 mother of the victim girl are that, the petitioner/accused harassed the victim girl by sending messages to her on the pretext of love and forced her to send photos and videos of her and for sexual intercourse. Having considered the allegations, the age of the petitioner/accused, the statement of the victim girl before the Police and the Magistrate concerned and taking into account the amicable settlement between the parties, in the light of the dictums in Gian Singh v. State of Punjab and another¹ and Anil Mishra v. State of U.P.²; 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 482 Cr.P.C./528 of BNSS, 2023, would be in the interest of justice.

8. Accordingly, I.A.Nos.2 and 3 of 2025 are allowed. Consequently, all the proceedings in S.C.No.594 of 2024, pending on the file of the Fast Track Special Judge for Expeditious Trial and Disposal of Rape and POCSO Act Cases at Malkajgiri, are hereby quashed against the petitioner/accused.

9. In the above terms, the Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 02.04.2025 svl

2 2024 INSC 189