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2025 DAILYLAW 12493 (AP)

AMARA RAMBABU v. STATE

CRLP/2132/2024 · 2025-07-09

Harinath N

body2025

Judgment text

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APHC010147052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI $ THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE 3D' o 'S o ^ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2132 OF 2024 Between: 1. Amara Rambabu, S/o Pedda Laxmana, 26 yrs, Vadabalija by caste, Jeerapalem Village, Ranasthalam Mandal. 2. Amara Pedda Laxmana, S/o Late Ramudu, 48 yrs Vadabalija by caste, Jeerapalem Village, Ranasthalam Mandal. 3. Amara Kamulamma,, W/o Pedda Laxmana, 44 yrs, Vadabalija by caste, Jeerapalem Village, Ranasthalam Mandal. 4. Amara Ganesh, S/o Pedda Laxmana, 21 yrs, Vadabalija by caste, Jeerapalem Village, Ranasthalam Mandal. 5. Amara Sai, S/o Pedda Laxmana, 20 yrs, Vadabalija by caste, Jeerapalem Village, Ranasthalam Mandal. 6. Dummu Kamaraju, S/o Late Jaggulu, 31 yrs. Srikuram Matchalesam Village, Gara Mandal. 7. Dummu Rambabu, S/o Late Jaggulu, 28 yrs, Srikuram Matchalesam Village, Gara Mandal. 8. Amara Chinna Laxmana, S/o Late Ramudu, 42 yrs, Vadabalija by caste, Jeerapalem Village, Ranasthalam Mandal. ...PETITIONERS / / ..y AND 1. The State, represented by the Inspector of Police, J.R.Puram Circle, rep by its Public Prosecutor, High Court of Andhra Pradesh,Amaravati. 2. Aligi Santhi, D/o Srinu,24 yrs, Vadabalija by caste, Jagannadhapuram, , Jeerapalem Panchayat, Ranasthalam Mandai, Srikakulam Dist. ...RESPONDENTS Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in P.R.C.No. 4 of 2022 dated 07.12.2021 on the file of Hon'ble court of the Judicial Magistrate of First Class Prohibition and Excise, Srikakulam. / / lA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioners in P.R.C.No.4 of 2022 dated 07.12.2021 on the file of Hon'ble court of the Judicial Magistrate of First Class Prohibition and Excise, Srikakulam, pending disposal of the case. lA NO: 1 OF 2025 Petition under Sections 320 (6) of Cr.P.C and 528, 359 (6) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioners to file compromise the impugned CrI.P.No. 2132 of 2024 on the file of this Hon’ble court against P.R.C.No.4 of 2022 on the file of Hon'ble Court of Judicial Magistrate of First Class Prohibition and Excise, Srikakulam, Charge sheet filed U/s 376, 417, 354-D, 354, 323 R/W 34 I.P.C & Sec 4 of Dowry Prohibition Act, of J.R.Puram Police Station of Ranasthalam Srikakulam Dist by recording compromise. Mandai f, / \A NO: 2 OF Petition under Section 320 (2) r/w 482 of Cr.P.C and 359 (2) R/w 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to compromise on the file of this Hon’ble court the impugned criminal case No. 2132 of 2024 against P.R.C.No.4 of 2022 on the file of Hon'ble Court of Judicial Magistrate of First Class Prohibition and Excise, Srikakulam Charge sheet filed U/s 376, 417, 354-D, 354,323, R/w 34 I.P.C & Sec 4 of Dowry Prohibition J.R.Puram Police Station of Ranasthalam Act, of Mandal, Srikakulam Dist by recording compromise. Counsel for the Petitioners Counsel for Respondent No.1 : THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. Counsel for Respondent No.2 : SRI CHIDHIRALA NAGA JYOTHI, ADVOCATE The Court made the following ORDER : : SRI P.LAKSHMANA RAO, ADVOCATE / / 1 HN,J CHp.No.2132_2024 APHC010147052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2132/2024 Between: 1.AMARA RAMBABU, S/0 PEDDA LAXMANA, 26 YRS, VADABALIJA BY CASTE, JEERAPALEM VILLAGE, RANASTHALAM MANDAL, 2.AMARA PEDDA LAXMANA, S/0 LATE RAMUDU, 48 YRS VADABALIJA BY CASTE, JEERAPALEM VILLAGE, RANASTHALAM MANDAL, W/0 PEDDA LAXMANA, 44 YRS, VADABALIJA BY CASTE, JEERAPALEM VILLAGE, RANASTHALAM MANDAL, 3.AMARA KAMULAMMA 5 J 4.AMARA GANESH, S/0 PEDDA LAXMANA, 21 YRS, VADABALIJA BY CASTE, JEERAPALEM VILLAGE, RANASTHALAM MANDAL, . 5.AMARA SAI„ S/0 PEDDA LAXMANA, 20 YRS, VADABALIJA BY CASTE, JEERAPALEM VILLAGE, RANASTHALAM MANDAL, 6.DUMMU KAMARAJU, S/0 LATE'JAGGULU, 31 YRS, SRIKURAM MATCHALESAM VILLAGE, GARA MANDAL. 7.DUMMU RAMBABU, S/O LATE JAGGULU, 28 YEARS SRIKURAM MATCHALESAM VILLAGE GARA MANDAL. 8.AMARA CHINNA LAXMANA, S/O LATE RAMUDU, 42 YRS, VADABALIJA BY CASTE, JEERAPALEM VILLAGE, RANASTHALAM MANDAL, ...PETITIONER/ACCUSED(S) 2 HN,, Crlp.No.2132_2024 AND 1. STATE, REPRESENTED BY THE INSPECTOR l. PP AMARAVATHI, HONBLE J.R. PURAM CIRCLE 2.ALIGI SANTHI, f JAGANNADHAPURAM RANASTHALAM MANDAL, SRIKAKULAM DIST. OF POLICE, REP BY D/0 SRINU,24 YRS,VADABALIJA BY JEERAPALEM CASTE, PANCHAYAT, ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to P.R.C.No. 4/2022 dated 07-12-2021 quash the proceedings in on the file of Hon'ble court of the judicial magistrate of 1st class prohibition and excise. Srikakulam pass lA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased pleased to stay all further proceedings including appearance of the petitioners in P.R.C.No.4/2022 dated 07-12-2021 on the file of Hon'ble court of the judicial magistrate of 1st class prohibition Srikakulam pending disposal of the case and pass and excise. lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to permit the petitioners to file compromise the impugned Cr.L.P No. 2132/2024 on the file of this Hon’ble court against P.R.C.No.4/2022 on the file of Hon'ble magistrate of first class prohibition and excise Srikakulam, Charge sheet filed ; U/s 376,417,354-0,354,323, R/W 34 I.P.C & Sec 4 of Dowry Prohibition Act of J.R Puram Police Station of Ranasthalam recording compromise and pass lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to compromise the impugned Court of Judicial Mandal, Srikakulam Disf by 3 r HN,J m- Crlp.No.2132_2024 ' criminal case No. 2132/2024 on the file of this Hon’ble court against P.R.C.No.4/2022 on the file of Hon'ble Court of Judicial magistrate of first class prohibition and excise Srikakulam, Charge sheet filed U/s 376,417,354- 0,354,323, RAN 34 I.P.C & Sec 4 of Dowry Prohibition Act, of J.R Puram Police Station of Ranasthalam Mandal, Srikakulam Dist by recording compromise and pass Counsel for the Petitloner/accused(S): 1.PLAKSHMANARAO Counsel for the Respondent/complainant(S): 1. CHIDHIRALA NAGA JYOTHI 2. PUBLIC PROSECUTOR (AP) 4 HN, J Crlp.No.2132 2024 I.A.Nos.1 and 2 of 2Q2fi IN/AND CRIMINAL PETITION NO.21.-^? of 9n9A COMMON ORDER- 1. The learned counsel for the petitioners submits that the petitioners are ' arraigned as Accused, in P.R.C.No.4 of 2022 in Crime No.145 of 2021 J.R.Puram Police Station, Srikakulam, for the alleged offences under Sections 376, 417, 354-D, 354, 323, read with Section 34 of the IPC and Section 4 of the Dowry Prohibition Act. 2. I.A.No.1 of 2025 has been filed seeking to permit the petitioners to file compromise the impugned Criminal Petition No.2132 of 2024, on the file of this Court against P.R.C.No.4 of 2022, on the file of the Judicial Magistrate of I Class, Prohibition and Excise Srikakulam. 3. I.A.No.2 of 2025 has been seeking to compromise the impugned Criminal Petition No.2132 of 2024, on the file of this Court against P.R.C.No.4 of 2022, on the file of the Judicial Magistrate of I Class, Prohibition and Excise Srikakulam and a joint memo has been filed. 4. The learned counsel for the petitioners representing the unofficial respondent No.2, and the learned Assistant Public Prosecutor representing respondent No. 1/State are present. 5. Today, when the matter is taken up, petitioners herein/Accused and the 2 respondent appeared before this Court. They produced their respective the learned counsel \ 5 HN,J Crlp.No.2132_: Aadhar cards as proof of their identity. The learned counsel for the petitioners and the learned counsel for the 2"'^ respondent identified the parties in open Court. Considering that the offences under Sections 376, 417, 354-D, 354, 323, read with Section 34 of the IPC and Section 4 of the Dowry Prohibition Act cannot be made applicable against the petitioner No. 1 /Accused No. 1. 6. 7. Considering the same, I.A.Nos.1 and 2 of 2025 and Criminal Petition No.2132 of 2024 are allowed and P.R.C.No.4 of 2022 in Crime No.145 of 2021 J.R.Puram Police Station, Srikakulam is hereby quashed. 8. Accordingly, these Criminal Petitions are allowed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- U.SRIDEVI ASSISTANT REGISTRAR i //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class Prohibition and Excise, Srikakulam, Srikakulam District. 2. The Station House Officer, J.R.Puram Police Station of Ranasthalam Mandal, Srikakulam District. 3. One CC to Sri P.Lakshmana Rao, Advocate [OPUC] 4. One CC to Sri Chidhirala Naga Jyothi, Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of A.P. at Amaravathi [OUT] 6. Two CD Copies GPC TAC % , HIGH COURT DATED: 10/07/2025 5 C 3 SEP m ORDER CRLP NO. 2132 OF 2024 m C9. Currem mcuor ALLOWING THIS CRIMINAL PETITION