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High Court of Andhra Pradesh · body

2025 DAILYLAW 12492 (AP)

Bommasani Subbarao, v. The State of Andhra Pradesh,

CRLP/2151/2024 · 2025-07-24

Venkata Jyothirmai Pratapa

Public Interest Litigationbody2025

Judgment text

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/ APHC010147192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0 FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA THE I.A.Nos.j AND 2 OF 2025 IN/AND CRIMINAL PETITION No.2151 OF 2024 CRIMINAL PETITION No.2151 of 2024 Between: 1. Bommasani Subbarao, S/o. Krishna Murthy, aged 58 years, R/o. D.No. 7-113, Gollapudi Village, Vijayawada Rural Mandal, NTR District. 2. Pilla Sambasiva Rao @ Siva, S/o. Kondala Rao, aged 46 years, R/o. D.No. 27-5/3, Tadisetti Krishna Street, Ramarajayanagar, Vijayawada. 3. Ponnarasu Sravan Kumar, S/o. Ratnaiah, aged 39 years, R/o. D.No. 27-60, Ramarajayanagar, Vijayawada. 4. Gorapati Siva Krishna @ Krishna, S/o. Rajeswara Rao, aged 41 years, Tadisetti Krishna Street, Ramarajyanagar, R/o. D.No. 22-67 Vijayawada. 5. Pothana Veera Venkata Siva Rao, S/o. Veera Raghavaiah, aged 54 years, R/o. Tadisetti Krishna Street, Ramarajyanagar, Vijayawada. 6. Gogula Ashok Kumar, S/o. Ramachandra Rao, aged 49 years, R/o. Kota Nageswara Rao Street, Ramarajyanagar, Vijayawada. ...Petitioners/Accused Nos.1 to 6 AND 1. The State of Andhra Pradesh, (S.H.O Bhavanipuram Police Station, Vijayawada City, NTR District) Rep. by Public Prosecutor, High Court of Andhra Pradesh, Guntur District. ...Respondent Hasaan, aged 37 years. Wo. Bommasani Nagar, Back Side of Inguva Company, Ramarajyanaga 2. Shaik Khaseembi, W/o. r, Vijayawada. ...Respondent/Defacto Complainant Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds of praying that in the circumstances Criminal Petition, the High Court may be pleased to quash the C.C. Metropolitan Magistrate, No. 2909 of 2021 on the file of the Chief Vijayawada City, NTR District against the petitioner/Accused Nos.1 to 6. lA NO: 1 OF 9n9A Petition under Section 482 of Cr.P.C stated in the Memorandum of Grounds may be pleased to stay of all further proceedings including appearance of the petitioners/Accused No. 1 to 6 in C.C. No. 2909 of 2021 Metropolitan Magistrate, Vijayawada City, petition. praying that in the circumstances of Criminal Petition, the High Court on the file of the Chief NTR District pending the criminal 1ANO;jLOF_^5 Between: Shaik Khaseembi, W/o. Hasaan, Nagar, Back Side of Inguva Company, Ramarajyan aged 37 years. Wo. Bommasani lagar, Vijayawada. ...Petitioner/Defacto Complainant AND 1. Bommasani Subbarao, S/o. 7-113. Gollapudi Village, Vijayawada Rural Krishna Murthy, aged 58 years, R/o. D.No. Mandal, NTR District. 2. Pilla Sambasiva Rao @ Siva. S/o. Kondala Rao, aged 46 years. R/o. D.No. 27-5/3. Tadisetti Krishna Street. Ramarajayanagar. Vijayawada. Kumar. S/o. Ratnaiah. aged 39 years. R/o. D.No. 3. Ponnarasu Sravan 27-60. Ramarajayanagar. Vijayawada. 4. Gorapati Siva Krishna @ Krishna, S/o. Rajeswara Rao, aged 41 years, Ramarajyanagar Tadisetti Krishna Street R/o. D.No. 22-67. Vijayawada. Veera Venkata Siva Rao, S/o. Veera Raghavaiah, aged 54 5. Pothana years, R/o. Tadisetti Krishna Street. Ramarajyanagar, Vijayawada. 6. Gogula Ashok Kumar, S/o. Ramachandra Rao, aged 49 years, R/o. Kota Nageswara Rao Street, Ramarajyanagar, Vijayawada. ...Respondents/Petitioners 7. The State of Andhra Pradesh. (S.H.O Bhavanipuram Police Station, Vijayawada City, NTR District) Rep. by Public Prosecutor, High Court of Andhra Pradesh, Guntur District. ...Respondent/ Respondent under Section 359(6) R/w 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 permit the petitioner to compound the offences U/s. 171 (C), 171 (F) & R/w 34 IPC in C.C No.2909 of 2021 on the file of the Metropolitan Magistrate, Vijayawada City, NTR District against the Chief petitioners/accused Nos.1 to 6 and quash the same. lA NO: 2 OF 2025 Between; Wo. Bommasani Shaik Khaseembi, W/o. Hasaan, aged 37 years Nagar, Back Side of Inguva Company. Ramarajyanagar, Vijayawada. ...Petitioner/Defacto Complainant AND -/ / 1. Bommasani Subbarao, S/o. Krishna Murthy, aged 58 years, R/o. D.No. 7-113, Gollapudi Village, Vijayawada Rural Mandal, NTR District. 2. Pilla Sambasiva Rao @ Siva, S/o. Kondala Rao D.No. 27-5/3, Tadisetti Krishna Street 3. Ponnarasu Sravan Kumar, S/o. Ratnaiah, 27-60, Ramarajayanagar, Vijayawada. 4. Gorapati Siva Krishna @ Krishna, S/o. Rajeswara R/o. D.No. 22-67 Vijayawada. 5. Pothana Veera Venkata Siva Rao, S/o. Veera Raghavaiah years, R/o. Tadisetti Krishna Street, Ramarajyanagar, Vijayawada. 6. Gogula Ashok Kumar, S/o. Ramachandra Rao, Kota Nageswara Rao Street, Ramarajyanagar, Vijayawada. ...Respondents/Petitioners Police Station, Vijayawada City, NTR District) Rep. by Pubiic Prosecutor, High Court of Andhra Pradesh, Guntur District. aged 46 years, R/o. Ramarajayanagar, Vijayawada, aged 39 years, R/o. D.No. Rao, aged 41 years Tadisetti Krishna Street, Ramarajyanagar, aged 54 aged 49 years, R/o. 7. The State of Andhra Pradesh, (S.H.O Bhavanipuram ...Respondent/ Respondent Petition under Section 359(2) R/w 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal High Court may be pleased to Petition, the record the compromise and quash the proceedings C.C.No.2909 of 2021 ^ Magistrate, Vijayawada City, NTR District for on the file of the Chief Metropolitan the offence U/s. 171 (C), 171 No. 1 to 6. (F),RA/V 34 I PC against the petitioners/accused Counsel for the Petitioners : Smt. Marella Radha Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: Sri Nandipalle Venkatesh The Court made the following order: 1 APHC010147192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos. 1 and 2 of 2025 [3396] ■Jf THE In/and nRIIVIINAL PETITION NO: 2151/2024 Between; S/0. KRISHNA MURTHY, AGED 58 GOLLAPUDI VILLAGE, VIJAYAWADA 1.BOMMASANI SUBBARAO YEARS, R/0. D.NO. 7-113 RURAL MANUAL, NTR DISTRICI. 2 PILLA SAMBASIVA RAO, @ SIVA,, S/0. KONDALA RAO, AGED 46 TADISETTI KRISHNA STREET, R/0. D.NO. 27-5/3 YEARS, RAMARAJ AYANAGAR, VIJAYAWADA. S/0. RATNAIAH, AGED 39 YEARS, 3.PONNARASU SRAVAN KUMAR R/O. D.NO. 27-60, RAMARAJ AYANAGAR, VIJAYAWADA > j SIVA KRISHNA @ KRISHNA,, S/0. RAJESWARA RAO, D.NO. 22-67, TADISETTI KRISHNA STREET, 4.GORAPATI AGED 41 YEARS, R/O. RAMARAJYANAGAR, VIJAYAWADA. S/0. VEERA R/O. TADISETTI KRISHNA SIVA RAO VEERA VENKATA 5.POTHANA RAGHAVAIAH, AGED 54 YEARS STREET, RAMARAJYANAGAR, VIJAYAWADA. j j 6 GOGULA ASHOK KUMAR,, S/O, RAMACHANDRA RAO, AGED 49 NAGESWARA RAO STREET, R/O. KOTA YEARS, RAMARAJYANAGAR, VIJAYAWADA. ...PETIT10NER/ACCUSED{S) AND 2 PUBLIC PROSECUTOR GUNTUR DISTRICT. 2.SHAIK KHASEEMBI, BOMMASANI I ’ COMPANYRAMARAJYANAGAR bhavanipuram high court of aIShrT^PRADESH, W/0. HASAAN, BACK . VIJAYAWADA. •..RESP0NDENT/C0IVIPLAINANT{S): aged 37 YEARS SIDE WO. NAGAR OFINGUVA \ Counsel for the Petitloner/a 1.MARELLA RADHA Counsel for the I.Nandipalle Venkatesh 2.PUBLIC ccused(S): Respondent/complalnant(S): prosecutor (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos. 1 and 2 of 2025 In/and CRIMINAL PETITION NO: 2151/2024 COMMON ORDER: The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for short ‘BNSS act’) has been filed, by the Petitioners/accused Nos.1 to 6, seeking to quash the proceedings pending against them in C.C.No.2909 of 2021 on the file of Chief Metropolitan Magistrate, Vijayawada City, NTR District for the offences punishable under Sections 171-C, 171-F r/w 34 of IPC. 2. Today, when the matter is taken up for hearing, petitioners/accu sed No.1 to 6 and the respondent No.2/defacto complainant, are present before this Court. They produced their respective attested copies of Aadhar cards in proof of their identity and the same were placed on record for proper identification. Both the learned counsel on record have identified both the parties in the open Court. 3. I.A.Nos. 1 and 2 of 2025 are filed by the respondent No.2/defacto complainant seeking to record compromise and quash the proceedings pending against the petitioners/accused Nos. 1 to 6. The complainant/respondent No.2 represented that she has voluntarily 4. come forward to enter into compromise in this case and there is no force or fear to enter the compromise in this case. 4 5. Learned Assistant Public Prosecutor would submit that compromise may be recorded since the complainant/respondent No.2 herself realized that there is no case to prosecute. Considering the submissions made, it is apposite to allow the I.A.Nos.1 and 2 of 2025 by quashing the proceedings in C.C.No.2909 of 2021 on the file of Chief Metropolitan Magistrate, Vijayawada City, NTR District for the offences punishable under Sections 171-C, 171-F r/w 34 of IPC against the petitioners/accused Nos. 1 to 6. 6. 7. Accordingly, I.A.Nos.1 and 2 of 2025 are allowed. 8. Since both the parties entered into compromise, no further orders are required in this matter. Accordingly, this Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Chief Metropolitan Magistrate, Vijayawada City, NTR District 2. The Station House Officer, Bhavanipuram Police Station, Vijayawada City, NTR District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 4. One CC to Smt. Marella Radha, Advocate [OPUC] 5. One CC to Sri Nandipalle Venkatesh, Advocate [OPUC] 6. Two CD Copies To TK sree • Along with the Joint Compromise Memo in I.A.No.2 of 2025 in CRLP No.2151 of 2024 high court DATED;25/07/2025 COMMON ORDER I A.Nos.I &2of2025iin/and CRLP No.2151 of 2024 ALLOWING THE I.A.Nos.1 & 2 of 2025 AND allowing THE CRIMINAL PETITION i IN THE HIGH COURT OF ANDHRA PRADESH;; AT AMARAVATHI of 2025 lA. No. / in L CrI.P.No. 2151 of 2024 • Between: •I.- Shaik Khaseembi, W/o. Hasaan, aged 37 years, R/o. Bommasani Nagar, Back Side of Inguva Company, Ramarajyanagar, Vijayawada ...Petitioner/Respondent-2 •ri' And 1. The State of Andhra Pradesh, (S.H.O Bhavanipuram Police Station Vijayawada City, NTR District) Rep. by Public Prosecutor High Court of Andhra Pradesh, Guntur District. ...Respondent/Complainant 2. Bommasani Subbarao, S/o. Krishna Murthy, aged 58 years, R/o. D.No. 7-113, Gollapudi Village, Vijayawada Ruraj Mandal,-NTR District. Pilla Sambasiva Rap, Swa, S/o. Kondala Rao, aged 46 years, R/o. D.No. 27-5/3, Tadisetti Krishna Street^ Ramarajayanagar, Vijayaw;ada. 3. Ponnarasu Sravan Kumar, S/o. Ratnaiah, aged 39 years, R/o. D.No. 27-60, Ramarajayanagar, Vijayawada. 4. Gorapati Siva Krishna @ Krishna, S/o. Rajeswara Rap, aged A\ years, R/o. D.No. 22-67,Tadisetti Kridhha Street, Ramarajyanagar, Vijayawada. ^ 5. : - o •• 1 r «. 6. Pothana Veera Venkata Siva Rao S/o. Veera Raghavaiah, aged 54 years, R/o. Tad,sett, Krishna Street, Rannarajyanagar, Vijayawada. Gogula Ashok Kumar. S/o. Ramachandra Rao. aged 49 years, R/o. Kota Nageswara Rao Street, Ramarajyanagar, Vijayawada. ■.. Respondents/Petitioners JOINT MFMn ■ 1.1 submit that I filed a cornplaint against the petitioners and was registered as in Crime No.-236 of 2020 Station, Vijayawada City, NTR District for (0), 171 (F) 188, & R/W 34 IP'C the same of the Bhavanipuram Police the alleged offence U/Sec.171 Cr.P.C against the petitioners. The crime was registered basing submitted by one Shaik Khaseertibi officer after conducting ' against the petitioners and the same was numbered as C.C. No 2909 of 2021 on the file of the Chief Metropolitan Magistrate Vijayawada City TR District for the offenceH/s,,171 (C), 171 (F), & R/w 34 IPC against the petitioners. on a written report said to have been on 18.03.2020. The investigating the investigation had filed the charge sheet 2. It is submitted that at the imterv.ention of the disinterested mediator the petitioners and I/the 2 above said nd respondent have compromised in the I have no interest to case, we have compromised. I pursue with the complaint pg this affidavit with my free will and ’ble Court to compound the offence in the as am-:; volition and praying; complaint and quash the proceeding against the petitioners. In view Of the compromise permit fte petitioners and me to compound the case and quash the prodeedihgs against the petitionem.in view of the compromise permit the petitioners .and me to compound the case and guash the C.C, No. 2909 of 2021 on the flie of the Chief Metropolitan V _ r Magistrate Vijayawada City, NTR District for (F) , & R/W34 IRC, the offence U/s. 171 (C), 171 3. It is therefore prayed that this Hon’ble Court compound the offences U/s. 17T (C) 2909 of 2021 may be pleased to 171 (F) , & R/W34 IRC in C.C. No. on the file of the^^Chief Metropolitan Magistrate Vijayawada to 6 and to pass may deem fit and proper in City, NTR District against the l^etitioner/accused No.1 such other order the circumstances of the or orders as this Hon’ble Court u case::; : Amaravati mi 9m Counsii|f^r^titioner Petition ers/Retitioners Petitioner/R2 :c:: 4 5 6 Counsel for Respondent Counsel for Petitioner/, espondent No.2