APHC010211332022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3217/2022 Between: Dalla Vijaya Kumari and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. V SAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioners/Accused, seeking quashment of the proceedings against them in C.C.No.363 of 2022 on the file of I Additional Judicial Magistrate of First Class, Markapur, Prakasam District registered for the offences under Sections 323 and 506 read with 34 of IPC. 2. Heard Sri V.Sai Kumar, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent No.1. 2 3. Inspite of service of notice, none represented for Respondent No.2. 4. Learned counsel for the Petitioners would submit that the present case is a case and counter. Learned counsel would further submit that as the Respondent No.2 and other Accused admitted their guilt in the counter case i.e., C.C.No.264 of 2022, the present crime should be referred as false and allegations in both the crimes are one and in view of the admission of guilty by Respondent No.2 and the other accused in the counter case, the case in question deserves to be quashed. 5. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders. 6. In the light of judgment passed in C.C.No.264 of 2022, the Complainant herein as an Accused in the said case admitted her guilt and confessed that they have attacked the Petitioners herein. 7. For ready reference, the observations made in the docket order dated 12.03.2022 passed in C.C.No.264 of 2022 are extracted below:- “Accused Nos.1 to 4 are present and examined u/s.251 of Cr.P.C and charge under Sec.323, 506, 509 r/w 34 of IPC has been framed against them, read over and explained to them in vernacular language and when questioned whether they pleaded guilty or have any defence to make. Then they pleaded guilty of the offence punishable U/Sec. 323, 506, 509 r/w 34 of IPC and submitted that the act done by them is not intentional and repented for the act and intended not to repeat the offence. Thus, this Court is satisfied about the admission of the Accused no.1 to 4 and the admission is voluntary and absolute. Therefore, the Accused No.1 to 4 are convicted u/s.252 of Cr.P.C for the offence punishable U/Sec. 323, 506, 509 r/w.34 of IPC. 3 On questioning of Accused no.1 to 4 regarding the quantum of sentence to be imposed after appraising them about the punishment prescribed under law. Accused no.1 to 4 submitted that, they are the sole bread winners of their respective families and they pleaded mercy. Taking into consideration of the fact and circumstances of the case, environmental factor and submission of Accused no.1 to 4 this court is of the considered opinion that if the Accused no.1 to 4 are sentenced to pay a fine of Rs.1000/- each for the offence under Sec.323 r/w.34 IPC further sentenced to pay fine of Rs.1000/- each for the offence under Sec.506 r/w 34 IPC, further they are sentenced to pay fine of Rs.1000/- each for the offence under Sec.509 r/w.34 of IPC; would meet the ends of justice. In the result, Accused no.1 to 4 is sentenced to pay a fine of Rs.1000/-each for the offence under Sec.323 r/w.34 IPC and further sentenced to pay fine of Rs.1000/- each for the offence under Sec.506 r/w.34 IPC, further they are sentenced to pay fine of Rs.1000/- each for the offence under Sec.509 r/w.34 of IPC; in default of payment of fine, the Accused no.1 to 4 are sentenced to under go S.I for ten days each for each offence. Total fine of Rs.12000/-. Out of fine amount; an amount of Rs.10,000/- is awarded to defacto complainant/LW1 Y.Febishara, towards compensation.” 8. In the light of the docket order referred to supra, since the same was passed on admission of the guilt of Respondent No.2 herein and others and as the present case is a counter case for the said case, which arose out of very same incident, continuation of present criminal proceedings against the Petitioners herein, who are victims in the said case, is mere abuse of process of law. In that view, the present proceedings are liable to be quashed. 9. In the result, the Criminal Petition is allowed and the proceedings against the Petitioners/Accused in C.C.No.363 of 2022 on the file of the Court of I Additional Judicial Magistrate of First Class, Markapur, Prakasam District for the offences under Sections 323 and 506 read with 34 of IPC, are hereby quashed. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date:04.02.2025 SCS 5 39 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.3217 of 2022 DATE:04.02.2025 SCS