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2025 DAILYLAW 16255 (AP)

SHAIK MOHAMMAD SHAFIULLA @ SHAFI v. THE STATE OF ANDHRA PRADESH

CRLP/4730/2025 · 2025-06-16

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N l■A.NOs■2 AND 3 OF 2025 IN/AND CRIMINAL PETITION NO: 4730 OF 2025 Between; 1. Shaik Mohammad Shafiulla @ Shafi, S/o.Late Shaik Khasim Sab, aged about 55 years, Occ;Labour Work, R/o.5*^ Ward, Sanjay Nagar, Kanekal Village and Mandal, Ananthapuramu District. 2. N.Jeelan, S/o.Late Hussain Peera, aged about 54 years, Occ; Agriculture, R/o.D.No.2-172, Mothi Nagar, Kanekal Village and Mandal, Ananthapuramu District. 3. N.Dada Peer, S/o.Late Hussain Peera, aged about 50 years, Occ: Agriculture, R/o.D.No.2-179, Uravakonda Road, Kanekal Village and Mandal, Ananthapuramu District. 4. N.Khaja @ Khajapeer, S/o.Late Hussain Peera, aged about 48 years, OcciAgriculture, R/o.D.No.2-162, Mothi Nagar, Kanekal Village and Mandal, Ananthapuramu District. 5. Shaik Abdul Munaf, S/o.Late Shiak Mahaboob Peera, aged about 53 years, Occ;Business, R/o.H.No.1-32 (A), Near Govt. Hospital, Kanekal Village and Mandal, Ananthapuramu District. ...PETITIONERS/ACCUSED 1 TO 5 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati, through the Station House Officer, Bommanahal Police Station, Anantapur District. ...RESPONDENT Shaik Mahaboob Basha, S/o.Shaik Saleem Basha, aged 31 Occ:Business, R/o.Unthakal Village, Bommanahal Mandal, Anantapur District. years. ... DEFACTO COMPLAINANT/RESPONDENT Petition filed under Section 528 of BNSS, 2023/Section 482 of Cr.PC 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 SC No.217 of 2024 on the file of IV Additional District Judge, Anantapur, Anantapur District. I.A. NOs: 2 AND 3 OF 2025 (Common CT) Between: Shaik Mahaboob Basha, S/o.Shaik Saleem Basha, aged 31 Occ;Business, R/o.Unthakal Village, Bommanahal Mandal, Anantapur District. years. ...PETITIONER/DEFACTO COMPLAINANT/2'^° RESPONDENT AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati, through the Station House Officer, Bommanahal Police Station, Anantapur District. ...RESPONDENT 1- Shaik Mohammad Shafiulla Shafi, S/o.Late Shaik Khasim Sab, aged _ , Kanekal about 55 years, Occ.Labour Work Village and Mandal R/o.5*'' Ward, Sanjay Nagar Ananthapuramu District. 2. N.Jeelan, S/o.Late Hussain Agriculture, R/o.D.No.2 Peera, aged about 54 -172, Mothi Nagar, Kanekal years, Occ; Village and Mandal, Ananthapuramu District. Mandal, Ananthapuramu District. years, Occ: Kanekal Village and 4. N.Khaja @ Khajapeer Occ.Agriculture, f Mandal, Ananthapuramu District. 5. Shaik Abdul Munaf, S/o.Late Hussain Peera, R/o.D.No.2-162, Mothi aged about 48 Nagar, Kanekal Village years. and S/o.Late Shiak Mahaboob Peera, aged about 53 -'ageandMandaLAnanthapt^m'uSricf" years, Occ;Business, R/o.H. respondents/petitioners/accused 1 TO 5 LA. NO: 2 OF onpi^ Petition filed under Section read with 482 of Or. PC) Memorandum of Criminal the petitioner to 359 (6) of BNSS, 2023 praying that in the ci (Section 320 (6) circumstances stated in the Petition, the High Court compound the offence under 'PC and after filing charge-sheet, the 2024 on the file may be pleased to permit Section 306 read with 34 of same was numbered as SC No.217 of Judge, Anantapur, Ananfapur of IV Additional District District. LA. NO: 3 OF Petition filed under Section read with 482 of Cr.PC) 359 (2) of BNSS, 2023 praying that in the ci (Section 320 (6) circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to record the compromise and quash the SC No.217 of 2024 Additional District Judge, Anantapur, Anantapur District. (*Joint Compromise Memo enclosed (vide separate sheet) on the file of IV This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K.Narsi Reddy, Advocate for Petitioners and the Assistant Public Prosecutor on behalf of Respondent No.1 and Sri T.V.Jaggi Reddy, Advocate for Respondent No.2. The Court made the following COMMON ORDER : APHC010213592025 IN the high court of ANDHRA AT AA/IARAVATI (Special Original Jurisdiction) TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY present the honourable SRI JUSTICE CRIMINAL PFTlTir>N [v|o. 0:*‘0 PRADESH [3457] FIVE harinath.n 4730/2025 Between; Shaik Mohammad Shafiulla @ Shafi Others and ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh Others Counsel for the Petltioner/accusecl(S): 1.KNARSI REDDY Counsel for the Respondent/complai 1. PUBLIC PROSECUTOR 2.T V JAGGI REDDY The Court made the following Order; and ••.RESP0NDENT/C0MPLAINANT(S) nant(S); l■A■Nos.2 and 3 of 2025 IN/AND CRIMINAL PETITION NO.4730 of 2025 COMMON ORDER: The instant petition under Section 482 of Cr.P.C. has been filed by the petitioners/accused Nos.1 to 5, seeking to quash proceedings in S.C.No.217 of 2024 on the file of IV Additional District Judge, Anantapur, Anantapur District, arising out of Crime No. 187 of 2022 of Bommanahal Police Station Anantapur District. I.A.No.2 of 2025 is filed by the 2"'^ respondent/petitioner to permit the petitioner to compound the offences under Sections 306 r/w 34 I PC and 2. I I quash the proceedings in S.C.No.217 of 2024 on the file of IV Additional District Judge, Anantapur, Anantapur District I.A.No.3 of 2025 is filed by the 2"^^ respondent/petitioner, seeking to record the compromise and quash the proceedings in S.C.No.217 of 2024 on the file of IV Additional District Judge, Anantapur, Anantapur District. Learned counsel for the petitioners and learned Assistant Public Prosecutor representing respondent No. 1/State as well as learned counsel for the respondent No.2 are present. 3. 4. 5. The parties are present today. This Court while admitting the quash petition, has recorded the illness suffered by the wife of the deceased and the treatment she was undergoing at Visakhapatnam Mental Hospital. The offences under Section 306 IPC can be compounded as the wife of the - deceased admittedly suffering from psychological issues and the defacto complainant admitted the same. 6, Considering the nature of allegations against the petitioners and the compromise entered in between the parties, this Court is inclined to allow the petitions filed for compromise. Therefore, the proceedings in S.C.No.217 of 2024 on the file of IV Additional District Judge, Anantapur, Anantapur District, is hereby quashed. 7. Accordingly, I.A.Nos.2 and 3 of 2025 and Criminal Petition No.4730 of 2025 are allowed. 8. As a sequel. Interlocutory Applications pending, if any, shall stand SD/- K.KASIRAO ACHARI ASSISTANT REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The IV Additional District Judge, Ananthapuramu, Ananthapuramu District. 2. The Judicial Magistrate of First Class, Rayadurg, Ananthapuramu District. 3. The Ananthapuramu District. 4. One CC to Sri K.Narsi Reddy, Advocate [OPUC] 5. One CC to Sri T.V.Jaggi Reddy, Advocate [OPUC] 6. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 7. THREE CD COPIES Station House Officer, Bommanahal Police Station, at {*Joint Compromise Memo enclosed (vide separate sheet) BSV ... TAG isSKVl MEMORANDUM OF CRIMINAL PETITION.FILED U/s. 320 & 482 OF CR.P.C CORRESPONDING U/s. 359 & 528 OF BNSS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI CrI.P. No. 4730 of 2025 Against (SC No. 217 of 2024 on the file of iV Additional District Judge, Anantapur Anantapur District.) Between: 1. Shaik Mohammad Shafiulla @ Shafi, S/o Late Shaik Khasim Sab, Aged about 55 years- Occ: Labor Work, R/o. 5^^ Ward, Sanjay Nagar, Kanekal Village and Mandal, Ananthapuramu District. ’ > 2. N.Jeelan, S/o Late Hussain Peera, Aged about 54 years, Occ: Agriculture, R/o. D.No:2-172, Mothi Nagar, Kanekal Village and Mandal, Ananthapuramu District. 3. N.Dada Peer, S/o Late Hussain Peera, Aged about 50 years, Occ: Agriculture, R/o. D.No;2-179, Uravakonda road, Kanekal Village and Mandal, Ananthapuramu District. 4. N. Khaja @ Khajapeer, S/o Late Hussain Peera, Aged about 48 years, Occ: Agriculture, R/o. D.No:2-162, Mothi Nagar, Kanekal Village and Mandal, Ananthapuramu District. 5. Shaik Abdul Munaf, S/o Late Shiak Mahaboob Peera, Aged about 53 years, Occ: Business, R/o. H.No:1-32 (A), Near Govt. Hospital, Kanekal Village and Mandal, Ananthapuramu District. ...Petitioners/Accused 1 To 5 And The State of Andhra Pradesh Rep. by its Public Prosecutor, High Court at Amaravati, through the Station House Officer, Bommanahal Police Station, Anantapur District. 1. ... Respondent 2. Shaik Mahaboob Basha. S/o. Shaik Saleem Basha, Aged 31 years, Occ; Business, R/o Unthakal Village, Bommanahal Mandal Anantapur District. ■.. Defacto-Complainant/ Respondent JOINT MEMO 1. It is submitted that the petitioners/2 Joint Memo to compound the petitioners herein as the matter is settied out of court amicably. nd respondent herein filed the present offences between the 2^^ respondent and the 2. I submit that aT^the instance of eiders including all of us have before the court and well wishers all the parties come to a conclusion to settle the disputes pending as such we have filed the petition seeking Hon'ble Court record the compromise, the content mentioned in said compromise petition true and correct to the best of my knowledge and belief, the said is entered with free will and consent and without to are compromise any undue influence from anyone. Hence, we are filing the present Joint Memo. Amaravati Dated: Counse B Petitioners Counsel f( :he Respondent 2^^ Respondent Petitioners/Accused <2/ (Shaik Mahaboob Basha) 1. (Shaik Mohammad Shafiulla @ Shafi) (N. Jeelan) (N. Dada Peer) (N. Khaja @ Khajapeer) (Shaik Abdul Munaf) 4. -A/ ^ 5..Cw:)bL/ UoJ. HIGH COURT DATED:17/06/2025 COMMON ORDER I.A.Nos.2 & 3 of 2025 In/And CRLP.No.4730 of 2025 I.A.Nos.2 and 3 of 2025 are ALLOWED ALLOWING THE CRIMINAL PETITION