RAMATH MALLIKARJUNA NAIK v. THE STATE OF ANDHRA PRADESH
CRLP/2626/2025 · 2025-03-18
Harinath N
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 10582 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10582 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE IN THE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N l■A■Nos■2 & 3 of 2025 In/And CRIMINAL PETITION NO: 2626 OF 2025 Between; R/o.D.No.B- Ramath Mallikarjuna Naik, S/o.Nagu Naik, aged 27 years 14 (West), Yarada Park, Housing Colony, Sriharipuram, Malkapuram Visakhapatnam - 53001. ...Petitioner/Sole Accused AND of Andhra Pradesh, Represented by Public Prosecutor, High Court of Andhra Pradesh, Through the Inspector of Police, Cyber Crime Police Station, Visakhapatnam. 1. The State
2. Vallamkondu Raaga Chandrika, D/o.Nagesh Kumar (Late), R/o.A-18-A, Malkapuram, Sriharipuram Yarada Park, Housing Colony, Visakhapatnam - 530011. ...Respondents/Defacto Complainant filed under Section 528 of BNSS, praying that in the Petition circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash proceedings in C.C.No.145 of 2024 on the file of Chief Metropolitan Magistrate, Visakhapatnam. m-:
I.A. NO: 2 OF 2025 Between: Vallamkondu Raaga Chandrika, D/o.Late Vallamkondu Nagesh Kumar, aged about 27 years R/o.4/114, Ayyaswamy Pillai Street Dr.Thulasamma Hospital Lane, Nararajupeta, CuddapahYarada Park, Housing Colony, Sriharipuram, Malkapuram, Visakhapatnam - 530011. ...Respondent No.2/Defacto Complainant AND
1. The State of Andhra Pradesh, rep by it’s Public Prosecutor, High Court, at Amaravathi, Guntur District. ...Respondent/Respondent No.1
2. Ramath Mallikarjun Naik, S/o.Nagu Naik, aged 28 years, R/o.Flat No.402, Road No.8/2, Gallavanipalem, Aganampudi, Vinayaka Pride Apartments, Shirdi Sai Nagar, Visakhapatnam. ...Petitioner/Accused Petition filed under Section 320 (6) of Cr.P.C read with Section 482 of Cr.P.C read with Section 359 (6) of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to permit the 2nd Respondent to withdraw the complaint made by her and to compound the offences under sections 354-D of the Indian Penal Code and 66-D of the Information Technology Act, 2000 against the Petitioner and quash proceedings in C.C.No.145 of 2024 on the file of Chief Metropolitan Magistrate, Visakhapatnam against the Petitioner/Accused, since the petitioner and the 2'^'^ respondent herein compromised and settled amicably. LA. NO: 3 OF 2025 Between: Ramath Mallikarjuna Naik, S/o.Nagu Naik, aged about 28 years, R/o.Flat No.402, Road No.8/2, Gallavanipalem, Aganampudi, Vinayaka Pride Apartments, Shirdi Sai Nagar, Visakhapatnam. ...Petitioner/ Accused AND
1. The State of Andhra Pradesh, rep by it’s Public Prosecutor, High Court at Amaravathi, Guntur District. 2.
Valiamkondu Raaga Chandrika, D/o.Late Vallamkondu Nagesh Kumar, R/o.4/114, Ayyaswamy Pillai Street, aged about 27 years Dr.Thulasamma Hospital Lane, Nagarajupeta, Cuddapah, Cuddapah District. ...Respondent No.2/Defacto Complainant Petition filed under Section 320 (2) of Cr.P.C read with Section 428 of Cr.P.C read with Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to compound the offences under sections 354-D of the Indian Penal Code and 66-D of the Information Technology Act, 2000 against the Petitioner and to quash the proceedings in C.C. No. 145 of 2024 on the file of Chief Metropolitan Magistrate, Visakhapatnam in view of the compromise entered between the petitioner and the Respondent No.2. *Joint Compromise Memo enclosed (vide separate sheet)
I.A. NO: 1 OF 2025 Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to STAY all further proceedings in C.C.No.145 of 2024 on the file of Chief Metropolitan Magistrate, Visakhapatnam including dispensation of personal appearance of the Petitioner herein pending disposal of the present Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D.Sumanth, Advocate for Petitioner and the Assistant Public Prosecutor on behalf of Respondent No.1 and of Sri Akula Sri Krishna Sai Bhargav, Advocate for Respondent No.2 The Court made the following Common Order:
APHC010120932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2626/2025 [3457] Between: Ramath Mallikarjuna Naik ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.D.SUMANTH Counsel for the Respondent/complainant(S):
1.
PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT(S)
2 THE HONOURABLE SRI JUSTICE HARINATH.N lA Nos.2 & 3 of 2025 in/and Criminal Petition No:2626 of 2025 COMMON ORDER: This Criminal Petition, under Section 482 of Cr.P.C. corresponding to Section 528 of B.N.S.S., 2023 has been filed on behalf of the petitioner herein/Accused, to quash the proceedings in C.C.No.145 of 2024 on the file of the learned Chief Metropolitan Magistrate, Visakhapatnam. 2. Heard learned counsel for the petitioner/Accused, learned counsel representing for the unofficial respondent No.2/de facto complainant and learned Assistant Public Prosecutor representing the State/respondent No.1. 3. Today, when the matter is taken up, petitioner herein/Accused, respondent No.2/de facto complainant are present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for respondent No.2 have identified both the parties in the open Court. 3
4. This Court has questioned respondent No.2 herein/ defacto-complainant with regard to compromise, and she categorically stated to that extent that she has voluntarily entered into compromise with the petitioner herein/Accused. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak. 5. In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & another^, on quashing of criminal case, when the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the case proceedings in C.C.No.145 of 2024 on the file of the learned Chief Metropolitan Magistrate, Visakhapatnam, against the petitioners herein/Accused are hereby quashed. 6. Accordingly, I.A.Nos.2 and 3 of 2025 and Criminal Petition No.2626 of 2025 are allowed. Interlocutory applications, if any, pending shall stand closed. Sd/- K TATA RAO deputy REGISTRAR ^ 2012 (9) Scale 257 //true copy// SECTION OFFICER To, , Visakhapatnam Chief Metropolitan Magistrate, Visakhapatnam
1. The District. mr r
2. The Station House Officer, Cyber Crime Poiice Station, Visakhapatnam District. 3. One CC to Sri D.Sumanth Advocate [OPUC]
4. One CC to Sri Akula Sri Krishna Sai Bhargav Advocate [OPUC]
5. Two CC's to the Public Prosecutor, High Court of Andhra Amaravati [OUT]
6.
Three CD Copies *Joint Compromise Memo enclosed (vide separate sheet) Visakhapatnam, Pradesh at BSV vna
HIGH COURT DATED:18/03/2025 COMMON ORDER I.A.Nos.2 & 3 of 2025 In/And CRLP.No.2626 of 2025 0 1 APR 20?5 f . Current Section . ^ T^: I.A.Nos.2 and 3 of 2025 are ALLOWED ALLOWING THE CRIMINAL PETITION
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI Crl.P. No. 2626 of2025 Against C.C. NO. 145 of 2024 (On the file of Chief Metropolitan Magistrate, Visakhapatnam) Between: Ramath Mallikaijun Naik, S/o Nagu Naik, Aged about 28 years, R/o Flat Nq.402, Road No.8/2, Gallavanipalem, Aganampudi, Vinayaka Pride Apartments, Shirdi Sai Nagar,Visakhapatnam. ... Petitioner / Accused And
1. The State of Andhra Pradesh, rep by it’s Public Prosecutor, High Court at Amaravathi, Guntur District. ...Respondent
1. Vallamkondu Raaga Chandrika, D/o Late Vallamkondu Nagesh Kumar, Aged about 27 years, R/o 4/114, Ayyaswamy Pillai Street, Dr.Thulasamma Hospital Lane, Nagarajupeta, Cuddapah, Cuddapah District. ...Respondent No.2/Dc-/acto Complainant JOINT MEMO It is submitted that the Petitioner/Sole-Accused and 2nd Respondent herein filed the present joint memo to quash the proceedings as against the Petitioner/accused in C.C.
NO. 145 of 2024 on the file of Chief Metropolitan Magistrate, Visakhapatnamas the matter is settled out of court amicably. It is humbly submitted that during pendency of the case, the elders and the well-wishers of the petitioner and the defacto-complainant have intervened and wanted to settle the matter amicably in view of the social status of both parties. It is humbly submitted that in view of their future, both the parties have settled their dispute by way of
compromise and the 2^^ respondent/complainant intends to withdraw the complaint against the petitioner/Accused. It is humbly submitted that in view of the compromise in between the both parties, the continuation of proceedings would be a futile exercise.
Therefore, in the interest ofjustice the HonTile Court may be pleased to exercise the inherent powers by taking into consideration the future of the both compromise and to quash the proceedings the parties to grant leave to in present crime. For the reasons stated above, it is prayed that this Hon’ble Court may be pleased to compound the offences under sections 354-D of the Indian Penal Code and 66-D of the Information Technology Act, 2000against the Petitionerand to quash proceedings in C C.C. NO. 145 of 2024 on the file of Chief Metropolitan Magistrate, Visakhapatnamagainst the Petitioner/Accused, and the 2"^ respondent herein compromised and settled the in the interest of justice and pass such further order or orders Hon ble Court may deem fit and proper in the circumstances of the case. since the petitioner amicably, as this Amaravati Date : 14.03.2025 Counsel for the PetitionerPetitioner/Accused f Ramath Mallikaijun Naik - (D. Sumanth) Counsel for the 2“'* RespondentRespondent No.2/ (A.S.K.S.BHARGAV)De-facto complainant (W Raaga Cmandrika)