THE HONOURABLE SRI JUSTICE N.TUKARAMJI I.A.Nos.3 AND 4 OF 2025 In/And CRIMINAL PETITION No. 7497 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 against the petitioner in S.C. POCSO No. 771 of 2022 on the file of the Fast Track Special Judge for Trial and Disposal of Rape and POCSO Act Cases, Ranga Reddy District at L.B.Nagar.

2. The petitioner is the sole accused in the Sessions Case registered for the offences punishable under Sections 376 (2)(n), 343, 366 and 506 of IPC and Section 5 (1) read with Section 6 (1) (2) of the Protection Of Children from Sexual Offences Act, 2012 (Amended by Act, 2019) (for short ‘POCSO Act’) .

3. Heard Mr.Rapolu Bhaskar, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State and Mr.A.Suhas Chary, learned counsel for the 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 S.C. POCSO No. 771 of 2022.

5. This Court vide order, dated 20.06.2025 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 18.07.2025 stating that as the parties did not appear their identification could not be recorded.

6. Upon the request of the learned counsel for the petitioners, this Court vide order, dated 04.07.2025 again referred the matter to the High Court Legal Services Committee for identification of the parties. The Secretary, High Court Legal Services Committee, has submitted report, dated 27.06.2025 stating that the petitioner and the victim 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. The report also discloses that as the victim was not made as party, she cannot be identified.

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

8. The accusations against the petitioner/accused in the Police Report lodged by the de-facto complainant/father are that the petitioner/accused induced respondent No.2/victim on the pretext of love and sexually exploited her. Having considered the allegations, the statement in the Joint Affidavit that respondent No.2/victim is ready to compromise the matter with the petitioner and she intends to withdraw the above crime against the petitioner. In view of the amicable settlement between the parties and to restore peace among them, in the light of the dictums in Gian Singh v. State of Punjab and another, 2012 (10) SCC 303 and Anil Mishra v. State of U.P., 2024 INSC 189; State of Madhya Pradesh v. Laxmi Narayan and others, 2019 (5) SCC 688, 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.

9. Accordingly, I.A.Nos.3 and 4 of 2025 are allowed. Consequently, all proceedings against the petitioner/accused in S.C. POCSO No. 771 of 2022 on the file of the Fast Track Special Judge

for Trial and Disposal of Rape and POCSO Act Cases, Ranga Reddy District at L.B.Nagar, are hereby quashed.

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

_______________ N.TUKARAMJI, J Date: 25.07.2025

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